March 24, 2021

Indian Law Bulletins Updated 3/24

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

  • Hawkins v. Haaland (Trust Relationship; Water Rights)
  • Singer v. Office of Navajo and Hopi Indian Relocation (OHNIR; Equal Access to Justice Act)
  • Gwitchyaa Zhee Corporation v. Alexander (Attorney Fees)
  • Mendenhall v. United States (Alaska Native Tribal Health Consortium; FTCA)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

  • Moyant v. Petit (Exhaustion of Tribal Court Remedies; Land Dispute)
  • In re Cottelit/Payment (Indian Child Welfare Act; Michigan Indian Family Preservation Act)
  • State in Interest of A.R.F. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.Res.125 - A resolution recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States.
  • H.R.1620 - Violence Against Women Act Reauthorization Act of 2021
  • H.R.1975 - To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes.
  • H.R.2074 - To assist Tribal governments in the management of buffalo and buffalo habitat and for the reestablishment of buffalo on Indian lands.
  • H.R.2088 - To take certain Federal lands in Tennessee into trust for the benefit of the Eastern Band of Cherokee Indians, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

  • Goodbye yellow brick road: Enfranchisement among Native American voters and Nick v. Bethel.
  • Repatriation as restitution: Toward procedural rights for Indigenous claims to moveable cultural property.
  • Incorporation by any other name? Comparing Congress' federalization of tribal court criminal procedure with the Supreme Court's regulation of state courts.
  • Native Hawaiians' disproportional incarceration rates leading to disproportional jail deaths.
  • Lies, damn lies, and federal Indian law: The ethics of citing racist precedent in contemporary federal Indian law.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • United Nations Declaration on the Rights of Indigenous Peoples: Tribal implementation toolkit launch event
  • Growing number of cities weigh tribal ‘land acknowledgements’
  • Domestic violence bill passes US House with program to expand tribal powers in 5 Alaska villages
  • Radio diary: Keeping the Wampanoag language alive
  • Biden administration restores valuable riverbed ownership to North Dakota tribe
  • Pokagon Band of Potawatomi partners with organizations for mass vaccination of Native Americans and other Native groups in Indiana
  • Six ICWA/MIFPA cases in three months in Michigan
  • Schatz releases COVID-19 Relief Guide, Frequently Asked Questions document to help Native communities access federal resources
  • Tribes blast wolf hunt, say it was about killing
  • New app will show you what Indigenous land you're on right now

March 18, 2021

Indian Law Bulletins Updated 3/18

The Native American Rights Fund Alaska office is hiring. Learn more about the vacancy at https://www.narf.org/contact-us/join-team/
 

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

  • Doucette v. DOI (Tribal Elections; Jurisdiction)
  • Weaver v. Gregory (Waiver of Sovereign Immunity; Tribal Law; Jurisdiction)
  • Navajo Health Foundation - Sage Memorial Hospital, Inc. v. Razaghi Development Company, LLC (RICO; Fraud)
  • Muscogee (Creek) Nation v. Poarch Band of Creek Indians (Cultural Resources; Sovereign Immunity; NAGPRA)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

  • In the Matter of D.D. (ICWA)
  • Bosse v. State of Oklahoma (Reservation Boundaries; Criminal Jurisdiction)
  • Hogner v. State of Oklahoma (Reservation Boundaries; Criminal Jurisdiction)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2021.html

  • Buckles v. Buckles (Adoption; Alimony)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • H.R.1762 - Protecting Indian Tribes from Scams Act
  • H.R.1811 - To amend the Indian Health Care Improvement Act to authorize additional funding for planning, design, construction, modernization, and renovation of hospitals and outpatient health care facilities.
  • H.R.1859 - To authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants to States, territories, political subdivisions of States and territories, Tribal governments, and consortia of Tribal governments to establish an unarmed 911 response program, and for other purposes.
  • H.R.1888 - To amend title XIX of the Social Security Act to require a Federal medical assistance percentage of 100 percent for Indian health care providers, and for other purposes.
  • H.R.1939 - To require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes.
  • H.R.1942 - To extend Federal recognition to the Waccamaw Indian People of Conway, South Carolina, and for other purposes.
  • H.R.1943 - To extend Federal recognition to the Pee Dee Indian Tribe of McColl, South Carolina.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

  • Unlocking the ballot: The past, present, and future of Alaska Native voting rights.
  • The subdelegation doctrine as a legal tool for establishing tribal comanagement of public lands: Through the lens of Bears Ears National Monument.
  • Disparate defense in tribal courts: The unequal rights to counsel as a barrier to expansion of tribal court criminal jurisdiction
  • A great nation keeping its word: The role of tribal treaty rights in climate change litigation.
  • The missing Indian Affairs Clause.
  • "I am the river, the river is me": How environmental personhood can protect tribal food systems.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • NARF Staff Attorney Vacancy: Anchorage, AK
  • All three GOP members of Congress who are Native Americans voted no on $31.2 billion that is going to Indian Country
  • Why Deb Haaland's confirmation as interior secretary is so important to Indigenous communities
  • Indigenizing philanthropy: Indigenous led funds
  • 'Nothing has changed.' How state agencies ignored tribal pleas to protect Oceano Dunes
  • Retiring federal Judge Viken says his replacement needs to understand Lakota history
  • The Navajo Nation took a hard stance against COVID-19, experts say it worked
  • Native American nonprofit accuses Harvard of violating federal Graves Protection and Repatriation Act
  • After years of advocacy, Native American/Indigenous Studies minor takes root at Scripps
  • Countering the fetishization of Indigenous art

March 3, 2021

Indian Law Bulletins Updated 3/3

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

  • Aquinnah/Gay Head Community Association, Inc. v. Wampanoag Tribe of Gay Head (Aquinnah) (Indian Gaming; Fee-to-Trust; Indian Land Claims Settlement Act of 1987)
  • Big Horn County Electric Cooperative, Inc. v. Big Man (Tribal Jurisdiction Over Nonmembers)
  • Picard v. Colville Tribal Correctional Facility (Indian Civil Rights Act; Tribal Law and Order Act)
  • Newtok Village v. Patrick (Leadership Dispute; Tribal Elections; Trust Relationship)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.421 - A bill to amend the America's Water Infrastructure Act of 2018 to expand the Indian reservation drinking water program, and for other purposes.
  • H.R.1373 - To amend title XIX of the Social Security Act to require a Federal medical assistance percentage of 100 percent for urban Indian organizations, and for other purposes.
  • H.R.1415 - To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
  • H.R.1416 - To amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

  • Commandeering confrontation: A novel threat to the Indian Child Welfare Act and tribal sovereignty.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Oregon court affirms Klamath Tribes' water rights
  • In tribal constitution change, the Cherokee Nation addresses a history of enslavement
  • What tribal sovereignty means for Freedmen citizenship
  • Schatz secures $80 million for Native Hawaiian healthcare, housing, and education programs in COVID-19 relief bill
  • Bipartisan bill renews effort to strengthen Tribal transportation infrastructure
  • University of Colorado, Denver: Native American College Tuition Bill
  • Panelists explain how patriarchies altered two-spirit, Native cultures
  • A call to action: Native communities’ priorities in focus for the 117th Congress
  • Senate Committee on Indian Affairs hears from Native leaders
  • What's old is new: The return of Peacemaking