July 28, 2021

Indian Law Bulletins Updated 7/28

The Native American Rights Fund Boulder office is hiring for the open positions of water rights attorney and paralegal. Learn more about the vacancies at https://www.narf.org/contact-us/join-team/
NARF also invites current law clerks and recent law school graduates with a strong background in federal Indian law and public service to apply for a two-year fellowship to focus on voting rights and environmental issues. Blaustein Fellowship deadline is August 13, 2021.

Federal Courts Bulletin

  • Bedford v. Nowlin (Quiet Title Act; Trusts; Land Grants)
  • Fort McDermitt Paiute and Shoshone Tribe v. Becerra (Trust Relationship; Health Care)
  • Williams v. Hansen (Religious Freedom; Free Exercise Clause)

State Courts Bulletin

  • Scudero v. State of Alaska (Fishing Rights)
  • The People of the State of South Dakota in the Interest of C.R.W. (Indian Child Welfare Act)
  • Charles P., Starlene M. v. Department of Child Safety (Indian Child Welfare Act)
  • Haynes v. Lujan (Jurisdiction)

Tribal Courts Bulletin

  • In the Matter of the Estate of Howard Berner, Deceased. (Estates; Jurisdiction)

U.S. Legislation - 117th Congress Bulletin

  • H.R.4614 - To expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes.
  • H.R.4637 - To sever United States Government relations with the Creek Nation of Oklahoma until such time as the Creek Nation of Oklahoma restores full Tribal citizenship to the Creek Freedmen disenfranchised in the October 6, 1979, Creek Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes.
  • H.R.4656 - To direct the Federal Communications Commission to establish a new Tribal priority window for the 2.5 gigahertz band, and for other purposes.
  • H.R.4676 - To provide financial assistance to States and Indian Tribes for the development, implementation, improvement, or expansion of a flex-tech energy program to enhance manufacturing competitiveness, and for other purposes.
  • H.R.4715 - To authorize appropriations to the Secretary of the Interior to make payments to certain members of the Quapaw Tribe of Oklahoma in accordance with the recommendation of the United States Court of Federal Claims.
  • H.R.4733 - To deem certain voyages transporting passengers between ports or places within the United States in compliance with certain requirements upon calling on a port owned by an Indian Tribe, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)

  • Trust betrayed: The reluctance to recognize judicially enforceable trust obligations under the Indian Health Care Improvement Act (IHCIA).
  • A familiar crossroads: McGirt v. Oklahoma and the future of federal Indian law canon.

News Bulletin
This week, in brief:

  • Montana is failing its constitutional promise to teach Native American history
  • Interior Department to consult with community leaders on major changes to NAGPRA
  • Montana water court decided tribal water rights in first-of-its-kind decision
  • WATCH: Harris hosts voting rights conversation with Native American leaders, Secretary Haaland
  • Tribal nations are essential to ‘Build Back Better’
  • Lawsuit over Oakland community sweat lodge leads to pushback from Native elders group
  • The fight over a 5,000-year-old burial site in California
  • An Indigenous firefighter explains how to better manage wildfires
  • Chef Sean Sherman's new restaurant is an homage to Indigenous food