June 23, 2021

Indian Law Bulletins Updated 6/23

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We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at https://narf.org/nill/bulletins/

U.S. Supreme Court Bulletin

http://www.narf.org/nill/bulletins/sct/2020-2021update.html
One petition for certiorari was denied on 6/21/21:

  • Club One Casino v. Haaland (Jurisdiction)

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

  • Big Sandy Rancheria Enterprises v. Bonta (Sovereign Immunity; Indian Taxation)
  • Backcountry Against Dumps v. Bureau of Indian Affairs (Trust Relationship; Cultural Resources)

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

  • In the Matter of the Welfare of the Children of: B.M.S., T.J.R.T., and D.A.M. (Indian Child Welfare Act; Minnesota Indian Family Preservation Act)

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

  • Mayes v. Cherokee Nation Election Commission (Tribal Elections)
  • Morales v. Fort Peck Tribes (Tribal Law)
U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html
  • S.2071 - A bill to provide grants to States, territories, Puerto Rico, the District of Columbia, and eligible Tribal entities to promote access to affordable, high-speed broadband and digital equity.
  • S.2092 - A bill to permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes.
  • S.2167/H.R.4052 - A bill to establish a national, research-based, and comprehensive home study assessment process for the evaluation of prospective foster parents and adoptive parents and provide funding to States and Indian tribes to adopt such process.
  • S.2177 - A bill to amend the Mineral Leasing Act to ensure sufficient bonding and complete and timely reclamation of land and water disturbed by Federal and Indian oil and gas production, and for other purposes.
  • H.R.4054 - To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, 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

  • The sky will not fall in Oklahoma.
  • A coherent ethic of lawyering in post-McGirt Oklahoma.
  • Renewable energy depends on tribal sovereignty.
  • White tape and Indian wards: Removing the federal bureaucracy to empower tribal economies and self-government.
  • Hawai'i '78: Collective memory and the untold legal history of the reparative action for Kānaka Maoli.

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

  • Secretary Haaland announces federal Indian boarding school initiative
  • Yakama Nation celebrates ‘resounding victory’ for treaty lands
  • Navajo Nation disappointed in lack of Native Americans selected for New Mexico Citizen Redistricting Committee
  • Pueblo of Acoma signs 15-year agreement with Colorado energy company, makes plans to maintain its own utility
  • 'We're just somebody little': Amid plans to mine lithium deposit, Indigenous, rural communities find themselves at the center of the energy transition
  • South Dakota Native Homeownership Coalition celebrates upward trend in Native American homeownership during National Homeownership Month
  • 'Bring us your dreams.' This Native-led fund aims to 'decolonize philanthropy' in the Northwest
  • There are many unmarked graves of Indigenous kids at US boarding schools too
  • Decolonize climate adaptation research
  • Indigenous women invite Deb Haaland to see devastation of Line 3 for herself
  • Juneteenth from a Black Indigenous perspective

Did you find this information useful?

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June 15, 2021

Indian Law Bulletins Updated 6/15

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

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
The Tribal Supreme Court Project posted a case update on 6/11/21.
Two petitions for certiorari were denied on 6/14/21:

  • Gilbert v. Weahkee (Indian Health Service; Indian Self-Determination and Education Assistance Act)
  • Crossett v. Emmet County (Jurisdiction; Law Enforcement)

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

  • United States v. Martinez (Major Crimes Act)
  • Confederated Tribes and Bands of the Yakama Nation v. Klickitat County (Reservation Boundaries)

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

  • In the Interest of G.D. and M.D. v. State of Utah (Indian Child Welfare Act)
  • In the Matter of the Application of Enbridge Energy (Enbridge Line 3; Treaty Rights)

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

  • H.R.3841 - To amend the Public Health Service Act with respect to the collection and availability of health data with respect to Indian Tribes, 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

  • Inuit Nunangat regional overlaps: Reciprocal harvesting & wildlife management agreements.
  • Rebalancing Bracker forty years later.
  • Native nations' land ownership and our disservice to their people and culture: A proposed legislative solution and a lesson to be learned.
  • The blind eye: Jus Soli, and the "pretended" Treaty of New Echota.
  • Case law on American Indians.

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

  • ‘It’s a great day for Mother Earth': Indian Country welcomes demise of Keystone XL pipeline
  • Indian Affairs promised to reform tribal jails. We found death, neglect and disrepair
  • Interior secretary urges Biden to enlarge Bears Ears, Grand Staircase, report says
  • How the Chehalis Tribe in Washington state overturned a racist 1834 law
  • Tribal colleges empower Native students with an affordable, culturally relevant education - but need more funding
  • Environmental justice and climate change is multi-dimensional for Indigenous people
  • ‘Our whole mission is Indigenous education and Indigenous food access’: A Q&A with owners of Owamni by The Sioux Chef
  • Tribal leaders, experts talk American Rescue Plan’s impact
  • Will history repeat in a dry Klamath Basin this summer?
  • Minnesota appeals court upholds approval of Line 3 permits
  • Minnesota novelist Louise Erdrich wins Pulitzer for personal story of 'persistence and survival'

June 9, 2021

Indian Law Bulletins Updated 6/9

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
A petition for certiorari was filed in one case on 5/28/21:

  • Phillips, et al. v. Oneida Indian Nation (Indian Taxation)
A petition for certiorari was denied in one case on 6/7/21:
  • Seneca County v. Cayuga Indian Nation of New York (Indian Taxation; Tribal Sovereign Immunity)

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

  • Ohlsen v. United States (FTCA)
  • Paskenta Band of Nomlaki Indians v. Crosby (RICO Act)

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

  • In re N.R. (Indian Child Welfare Act)

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

  • In defense of the Indian Commerce Clause.
  • The time is now for the IACHR to address climate action as a human right: Indigenous communities can lead (again).
  • Unqualified? Investing in qualified opportunity zones on reservations.
  • Beyond a sliver of a full moon: Acknowledging and abolishing white bias to restore safety and sovereignty to Indian Country.

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

  • Lakota victory: Cheyenne River Sioux Tribe celebrates denial of Noem’s fireworks fiasco
  • Cherokee Nation files 1,000th case in tribal court since McGirt ruling
  • ND activists: Lack of tribal inclusion in redistricting runs deep
  • Tackling tribal connectivity: NAU scientist Vigil-Hayes developing broadband solutions for rural areas
  • NCAI weighs in on discovery of remains of 215 children at Indian residential school in Canada
  • Pipeline workers are scaring Indigenous elders away from their own lands
  • Native American mascots could be banned from Colorado schools by October
  • IU works with Native American tribes on new measures to strengthen partnership
  • Wyoming tribes take over full ownership of oil and gas field
  • Native Americans most likely to die from police shootings, families who lost loved ones weigh in
  • Two-spirit pride stories

June 2, 2021

Indian Law Bulletins Updated 6/2

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
One case was decided this week on 6/1/21:

  • United States v. Cooley (Indian Civil Rights Act; Tribal Police; Exclusionary Rule)

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

  • Kalispel Tribe of Indians v. Department of the Interior (Trust Responsibilities; IGRA)
  • Chemehuevi Indian Tribe v. United States (Bureau of Indian Affairs; 638 Contract)

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

  • Makah Indian Tribe v. Commissioner of Public Lands (Treaty Rights)

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

  • S.1868 - A bill to amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian Tribes and Tribal organizations, to increase amounts reserved for allotment to Indian Tribes and Tribal organizations under certain circumstances, and to reserve amounts for migrant programs under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian Tribal communities.
  • S.1880/S.1897 - A bill to direct the Federal Trade Commission to submit to Congress a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, and for other purposes.
  • S.1895 - A bill 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.
  • S.1901 - A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.
  • S.1911 - A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
  • S.1951 - A bill to make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.
  • S.1957 - A bill to establish digital services in State, county, local, and Tribal governments, and for other purposes.
  • H.R.3587 - To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Tribal Governments regarding Federal Government actions that impact Tribal lands and interests to ensure that meaningful Tribal input is an integral part of the Federal decision-making process.
  • H.R.3649 - To extend Federal recognition to the Mono Lake Kutzadikaa Tribe, 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

  • Cultural competency and the law: Productive justice for American Indians.
  • Mitigating disparities in access to healthcare among Native American communities through telehealth.
  • The reasonable Indigenous youth standard.
  • Indiana's Indian laws: Indigenous erasure and racism in the land of the Indians.

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

  • Court unanimously holds that Indian tribes retain the inherent power to police non-Indians
  • President's 2022 budget includes increases in funding for Indian Country, including a 36% increase for Indian Health Service
  • Choctaw Nation taking first steps to grant citizenship to Freedmen
  • San Carlos Apache Tribe nearly halts spread of coronavirus
  • Treaties offer new aid in environmental fights
  • Vaccine information available in Native languages
  • Chair Grijalva introduces RESPECT Act to establish and require government-to-government consultation between federal agencies, tribal leaders
  • The Karuk used fire to manage the forest for centuries. Now they want to do that again
  • Freedmen's effect on Black Wall Street
  • Diné historian strengthens history of traditional matriarchal leadership