September 28, 2022

Indian Law Bulletins Updated 9/28/2022

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Eagle Bear, Inc., et al. v. Blackfeet Indian Nation, et al. (Tribal Court Jurisdiction; Trespass on Indian Lands; Bankruptcy Court)
  • Hawk v. Burr and Bureau of Indian Affairs (Bureau of Indian Affairs; Administrative Procedure Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • Schaghticoke Tribal Nation v. State (Land Rights; Sovereign Immunity)
  • State of New Mexico ex rel. Children, Youth & Families Department v. James M. and Farrah S. (Indian Child Welfare Act)
  • People v. Covey (Criminal Jurisdiction)
  • Pederson v. Arctic Slope Regional Corporation (Shareholder Inspection; Judicial Bias)
  • Hinman v. Accohannock Indian Tribe, Inc. (Tribal Government; Tribal Membership)
  • Montana Democratic Party, et al. v. Jacobsen (Voting Rights; Voter Legislation)

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

  • S.4915 / H.R.8937 - A bill to amend the Indian Health Care Improvement Act to improve the recruitment and retention of employees in the Indian Health Service, restore accountability in the Indian Health Service, improve health services, and for other purposes.
  • S.4923 / H.R.8960 - A bill to require Federal law enforcement agencies to report on cases of missing or murdered Indians, and for other persons.
  • S.4933 / H.R. 8967- A bill to take certain land in the State of Washington into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation, and for other purposes.
  • H.R. 8954 - To amend part B of title IV of the Social Security Act to require States to comply with Federal standards established under the Indian Child Welfare Act of 1978.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2022.html

  • Respecting the identity and dignity of all Indigenous Americans.
  • Resurfacing sovereignty : Who regulates surface mining in Indian Country after McGirt?
  • For better or for worse : The court's application of the second Montana Exception to United States v. Cooley.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

  • Roselyn Tso confirmed as IHS director
  • Tribal law enforcement boosted under proposed bill
  • Tribal-state tax compacts rise as a tool for tax clarity in Indian Country
  • Sharing management of sacred and important lands
  • Will U.S. Supreme Court hear another case from Oklahoma linked to McGirt ruling?
  • Cherokee Nation seeks help urging Congress to seat a delegate in U.S. House

Announcements:

  • Have you ordered your copy of the 2022 edition of Labor and Employment Law in Indian Country yet? It's available from Drummond Woodsum, NARF’s partner-publisher.
  • Read more about Landmark Indian Law Cases, second edition and find out how to get your own copy on the HeinBlog.

September 21, 2022

Indian Law Bulletins Updated 9/21/22

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

One petition for certiorari was filed on 9/12/22:

  • Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin (Bankruptcy Act; Tribal Sovereign Immunity)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • Kumar v. Schildt, et al. (Indian Allotments; Jurisdiction; Economic Development)
  • Chegup v. Ute Indian Tribe of the Uintah and Ouray Reservation (Exhaustion of Tribal Remedies; Tribal Law; Tribal Courts; Banishment)
  • Tanana Chiefs Conference v. Becerra, et al. (Health Care; Indian Self-Determination and Education Assistance Act)
  • Pacheco v. El Habti (Habeas Corpus; McGirt v. Oklahoma)
  • Birdbear et al. v. United States (Trust Relationship; Mineral Leasing)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • Ahtna, Inc. v. Department of Natural Resources (Aboriginal Title; RS 2477 Right Of Way; Alaska Native Claims Settlement Act)
  • Tohono O'odham Nation v. Fridlund-Horne in and for County of Coconino (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Hart v. Northern Lights Casino (Tribal Law; Premises Liability)
  • Adrian v. Nicholson (Notice; Child Custody)
  • Barreto v. Mohegan Tribal Gaming Auth. (Premises Liability)
  • Lazard v. Colville Confederated Tribes (Due Process Rights; Drug Possession)
  • George v. Colville Confederated Tribes (Subject Matter Jurisdiction; Sovereign Immunity)
  • Dessources v. Office of the Dir. of Regulation (Termination of Employment; Administrative Agency Review)
  • Love v. Aycock et al. (Tribal Law; Appelate Rules)
  • Furman v. Office of the Dir. of Regulation (Workers' Compensation; Administrative Agency Review)
  • Lowy v. Mohegan Tribal Gaming Auth. (Civil Procedure; Summary Judgment; Premises Liability)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Audit Standards (National Indian Gaming Commission)
  • Submission of Gaming Ordinance or Resolution (National Indian Gaming Commission)
  • Notice of Tribal Consultation and Request for Comments on New Agreement Template Draft for VA's Indian Health Services/Tribal Health Program Reimbursement Agreements (Veterans Affairs)
  • Solicitation of Nominations for the Appointment to the Advisory Committee on Tribal and Indian Affairs, Indian Health Service, Billing Area Representative (Veterans Affairs)
  • Self-Governance PROGRESS Act Negotiated Rulemaking Committee; Notice of Meeting (Bureau of Indian Affairs)

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

  • S.4870 - A bill to approve the settlement of the water right claims of the Tule River Tribe, and for other purposes.
  • S.4878 / H.R.8859 - A bill to amend title VI of the Social Security Act to improve the Local Assistance and Tribal Consistency Fund, and for other purposes.
  • S.4896 / H.R. 8921- A bill to approve the settlement of water rights claims of the Pueblos of Jemez and Zia in the State of New Mexico, and for other purposes.
  • S.4898 / H.R. 8920 - A bill to approve the settlement of water rights claims of the Pueblos of Acoma and Laguna in the Rio San Jose Stream System in the State of New Mexico, 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/2022.html

  • Using consent to expand tribal court criminal jurisdiction.
  • 30 by 30, areas of critical environmental concern, and tribal cultural lands.
  • Of reservation boundary lines and judicial battle lines, part 1 — Reservation diminishment/disestablishment cases from 1962 to 1975: The Indian law justice files, episode 1.
  • Dereliction of duty to justice : The disappointing decision to separate genocide from property rights violations in F.R.G. v. Phillip.
  • The Extradition Clause and Indian Country.
  • Getting Cooley right : The inherent criminal powers of tribal law enforcement.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

  • Native American Church of North America advocates at Capitol Hill for protections of peyote
  • Tribes say North Dakota is tampering with mineral royalties
  • Northern Arapaho tribe asks Wyoming for a state ICWA law as U.S. Supreme Court decision looms
  • California senators introduce legislation to recognize Tule River Tribe’s water rights
  • New Mexico’s Heinrich, Leger Fern├índez introduce bicameral bills to approve water rights settlements for 4 pueblos
  • Indiana's Miami tribe battling for federal recognition after rule changes
  • Tribal leaders urge support for bills to protect cultural, sacred sites
  • For the first time in 230 years, Congress has full U.S. Indigenous representation

September 14, 2022

Indian Law Bulletins Updated 9/14/22

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2022.html

  • United States of America v. Fowler (Law Enforcement Jurisdiction; Tribal Sovereignty)
  • Lower Brule Sioux Tribe v. Haaland, et al. (Indian Self-Determination and Education Assistance Act; Tribally Controlled Schools Act)
  • Lexington Insurance Company, et al. v. Smith, et al. (Tribal Court Jurisdiction Over Nonmembers; Insurance Coverage)
  • Solenex, LLC v. Haaland, et al. (Mineral Leasing Act of 1920; Administrative Procedure Act; Trust Relationship)
  • Metlakatla Indian Community v. Dunleavy (Off-Reservation Fishing Rights)
  • Klamath Irrigation District v. United States Bureau of Reclamation (Trust Relationship; Water Rights)
  • Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation v. Enbridge Energy Company, Inc., and Enbridge Energy, L.P. (Trust Relationship; Trespass on Indian Lands)
  • Manago v. Cane Bay Partners VI, LLLP (Racketeer Influenced and Corrupt Organizations Act; Venue; Economic Development)
  • Lower Brule Sioux Tribe v. Lyman County (Voting Rights; Redistricting)
  • Center for Biological Diversity v. U.S. Forest Service (Endangered Species Act; Administrative Procedure Act; Sovereign Interests of an Indian Tribe)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2022.html

  • Cherokee Nation v. Lexington Insurance Company, et al. (Insurance Coverage)
  • People In Interest of E.A.M. (Indian Child Welfare Act)
  • State v. McCormack (Treaty Fishing Rights)
  • In re Y.M. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2022.html

  • Carter v. Genesis10 and Omincell, Inc. (Civil Procedure)
  • Collins v. Mohegan Tribal Gaming Authority (Tribal Law; Premises Liability)
  • Vandecar v. Muscogee (Creek) Nation (Indian Civil Rights Act)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2022.html

  • Membership in the National Parks Overflights Advisory Group (Transportation)
  • HEARTH Act Approval of Pueblo of Laguna, New Mexico Business Leasing Ordinance (Interior)
  • HEARTH Act Approval of Nisqually Indian Tribe Leasing Ordinance (Interior)
  • Notice of the Establishment of the Tribal Homeland Security Advisory Council; Solicitation of Inaugural Members (Homeland Security)
  • Annual Fee Calculation (Interior)
  • Analyses, Research, and Studies To Assess the Impact of Centers for Medicare & Medicaid Services Programs on American Indians/Alaska Natives and the Indian Health Care System Serving American Indians/Alaska Natives Beneficiaries (Health & Human Services)

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

  • S.4830 - A bill to reaffirm actions taken by the Secretary of the Interior for the benefit of Indian Tribes, and for other purposes.
  • S.4837 - A bill to amend the Omnibus Public Land Management Act of 2009 to establish within the Mount Hood National Forest in the State of Oregon Indian Treaty Resources Emphasis Zones, and for other purposes.
  • S.4839 - A bill to reauthorize and expand a grant program for State and Tribal response to opioid and stimulant use and misuse, 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/2022.html

  • Sovereigns of no territory : Alaska Natives, ANCSA, and tribal self-determination.
  • Aiding employment and the environment on tribal lands : An analysis of hiring preferences and their use in the mining industry.
  • The clean energy dilemma : How the push for clean energy could threaten Indigenous communities and an exploration of potential alternatives.
  • The (un)just use of transition minerals : How efforts to achieve a low-carbon economy continue to violate Indigenous rights.
  • Of reservation boundary lines and judicial battle lines, part 1 — Reservation diminishment/disestablishment cases from 1962 to 1975: The Indian law justice files, episode 1.
  • Tribal water rights and tribal health : The Klamath Tribes and the Navajo Nation during the COVID-19 pandemic.
  • Teaching Indian law in the 21st century.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html

This week, in brief:

  • Judge refuses to shut down Line 5, but says Enbridge is trespassing on Native American reservation
  • Tribes wait for Supreme Court decision in ICWA case
  • ‘Our policy is nation-to-nation’: Tribes join President Biden for celebration at White House
  • Coquille finally get hunting rights
  • The UN Declaration on the Rights of Indigenous Peoples turns 15
  • District court says Osage Reservation disestablished
  • Sault Tribe celebrates 50 years of federal recognition
  • South Dakota settles with tribal nations in voting rights lawsuit