Indian Law Bulletins Updated 12/21/2022

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

• Moore v. United States (Monetary Damages; Subject Matter Jurisdiction)
• United States v. Patterson (McGirt v. Oklahoma; Good-faith Exception)
• Turpen v. Turpen (Tribal Court Jurisdiction; Dissolution of Marriage)

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

• Heath v. Colville Confederated Tribes (Restitution)

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

• In re Adrian L. (Indian Child Welfare Act)

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

• S.5323 - A bill amend title VI of the Social Security Act to allow States and local governments to use coronavirus relief funds provided under the American Rescue Plan Act for infrastructure projects, improve the Local Assistance and Tribal Consistency Fund, provide Tribal governments with more time to use Coronavirus Relief Fund payments, and for other purposes.
• S.5321 - A bill to preserve Indian Tribes' and Native Hawaiian organizations' autonomy of access to spectrum over Tribal lands and expedite immediate deployment of telecommunications services for critical government services, including national emergencies, natural disasters, public health and bio-hazard threats, safety, education, opportunity to participate in the broadband economy, self-governance, access to Federal, State, and Tribal voting and elections, and the Federal census count, for the protection of life and property in furtherance of the Federal trust responsibility, and for other purposes.
• H.R.9633 - To authorize Arizona Tribes to enter into lease or exchange agreements and storage agreements relating to their decreed water entitlements as a long-term source of water supply, and for other purposes.
• H.R.9536 - To extend Federal recognition to the Haliwa-Saponi Indian Tribe of North Carolina, and for other purposes.

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

• Strengthening the Section 184 Indian Home Loan Guarantee Program (Housing and Urban Development)

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

• Sacrificing sovereignty: How tribal-state tax compacts impact economic development in Indian Country.
• The Catawba Digital Economic Zone : A Native American SEZ.
• Erasing the Thin Blue Line : An Indigenous proposal.
• Indigenous pathways beyond the “Anthropocene” : Biocultural climate justice through decolonization and land rematriation.

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

This week, in brief:

• Tribes need tax revenue. States keep taking it.
• Toxic levels of mercury, PCBs found in salmon that tribes rely on for food
• The world is struggling to figure out conservation. First Nations have some ideas.
• BIA, FBI update criminal investigation guidelines for Indian Country
• 8 tribal bills pass Senate, set to become law
• Rulemaking to update land-into-trust process for tribes and individual Indians
• Lower Brule Tribe, Lyman County agree on electing commission

Announcements:

The Indian Law Bulletins will be on hiatus for the first quarter of 2023 to give us time to rethink and reboot as well as move the National Indian Law Library to NARF's new location. In the meantime, please send us your thoughts on what aspects of the Indian Law Bulletins are most important or useful to you. You can reach us at nill@narf.org

Indian Law Bulletins Updated 12/14/22

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

One petition for certiorari was denied on 12/12/22:

• Big Horn County Electric Cooperative v. Big Man (Tribal regulatory and adjudicatory jurisdiction over non-Indian entity)

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

• Biers, Chief Tribal Judge of the Te-Moak Supreme Court v. Dentons US LLP, et al. (Disqualification of Counsel; Appointment of Counsel)
• Waln v. Dysart School District (Free Exercise Clause; Free Speech Clause; Equal Protection Clause)
• Flandreau Santee Sioux Tribe v. Sattgast (Tribal Sovereignty; State Taxation)

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

• Rodgers v. Cherokee Nation (Cherokee Nation Supreme Court Rules)

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

• In re A.C. (Indian Child Welfare Act)
• Fain v. Integrity Environmental, LLC (Contracts; Tier 1 Certified Indian Company)
• State Ex Rel. Ohio History Connection v. Moundbuilders Country Club Company (Eminent Domain; Prehistoric Earthworks)
• Matter of A. R. P. (Indian Child Welfare Act)
• Martin, et al. v. Sandoval County and Pueblo of Cochiti (Joinder; Trespassing)

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

• S.Res.867 - A resolution relating to the death of the Alan R. Parker, former Staff Director and Chief Counsel of the Committee on Indian Affairs of the Senate.
• H.R.9480 - To ratify a Treaty between the San Juan Southern Paiute Tribe and the Navajo Nation, to provide for the creation of a reservation for the San Juan Southern Paiute Tribe, and for other purposes.
• H.R.9496 - To provide for the conveyance to the University of Alaska of certain public land in the State of Alaska, to amend the Alaska Native Claims Settlement Act to exclude certain payments to aged, blind, or disabled Alaska Natives or descendants of Alaska Natives from being used to determine eligibility for certain programs, to amend the National Trails System Act to designate the Chilkoot National Historic Trail and to provide for a study of the Alaska Long Trail, and for other purposes.

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

• Center for State, Tribal, Local, and Territorial Support (CSTLTS), CDC/ATSDR Tribal Consultation Session (Centers for Disease Control and Prevention)
• Agency for Toxic Substances and Disease Registry Center for State, Tribal, Local, and Territorial Support (CSTLTS), CDC/ATSDR Tribal Advisory Committee (TAC) Meeting (Centers for Disease Control and Prevention)
• Federal Implementation Plan for Managing Emissions From Oil and Natural Gas Sources on Indian Country Lands Within the Uintah and Ouray Indian Reservation in Utah (Environmental Protection Agency)

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

• Un-erasing American Indians and the Indian Child Welfare Act from family law.
• The mistake on the Snake : The Lower Snake River dams.
• The dark matter of federal Indian law : The duty of protection.
• Tribal law's Indian law problem : How Supreme Court jurisprudence undermines the development of tribal law and tribal economies.

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

This week, in brief:

• Harvard study finds sovereignty constraints on Maine tribes caused them enormous economic damage
• Tribes, educators prepare to implement California Indian Education Act
• Lower 48 tribes join up with Alaska Natives to protect transboundary rivers
• Michigan tribes, state reach tentative deal on Great Lakes fishing access
• USDA Forest Service signs 11 new agreements to advance tribal co-stewardship of national forests
• Tribes intervene in lawsuit restoring two Utah national monuments
• Lawsuit brings tribe a seat on county commission

Indian Law Bulletins Updated 12/7/22

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

• Navajo Nation v. Office of Navajo and Hopi Indian Relocation, et al. (Navajo and Hopi Indian Land Settlement Act of 1974)
• United States v. Charging Crow (Restitution Payments; Tribal Annuity Payments)
• Eagle Bear, Inc. and Brooke v. The Blackfeet Indian Nation and The Blackfeet Tribal Court (Intervention)
• Rincon Mushroom Corp. v. Mazzetti, et al. (Tribal Jurisdiction; Amended Complaint)
• Esquivel v. Fresno County Department of Social Services (Indian Child Welfare Act)
• Galloway v. Martorello (Racketeer Influenced and Corrupt Organizations Act (RICO); Tribal Sovereign Immunity)
• Bad River Band of Lake Superior Tribe of Chippewa Indians of Bad River Reservation v. Enbridge Energy Company, Inc. (Trust Relationship; Trespass on Indian Lands)
• The Cherokee Nation, et al. v. United States Department of the Interior, et al. (Indian Gaming Regulatory Act)
• NUMA Corporation v. Diven (Tribal Sovereign Immunity; Bankruptcy)
• Acres Bonusing, Inc., et al. v. Ramsey, et al. (Tribal Sovereign Immunity; Racketeer Influenced and Corrupt Organizations Act (RICO))
• San Carlos Apache Tribe v. Becerra (Indian Self-Determination and Education Assistance Act (ISDEA); Healthcare)
• United States v. Peterson (Criminal; Fraudulent Conduct; Costanoan-Chualar Indian Tribe)
• Archambault v. United States (Exhaustion of Tribal Court Remedies; Tribal Police)
• Pakootas v. Teck Cominco Metals, Ltd. (Treaty Rights; Comprehensive Environmental Compensation and Liability Act (CERCLA))

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

• Zacherle v. Colville Confederated Tribes (Habeas Corpus)
• Sandau v. Fort Peck Tribes (Indian Civil Rights Act)

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

• Skeet v. New Mexico Taxation & Revenue Department (Taxation)
• Mathieu v. Department of Children, Youth, and Families (Indian Child Welfare Act)

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

• S.Res.845 - A resolution recognizing National Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.
• S.7 - A bill to make a technical amendment to the Violence Against Women Act of 1994, and for other purposes.
• S.5124 / H.R.9344 - Chaco Cultural Heritage Area Protection Act of 2022.
• S.5132 - Pueblo Pintado Protection Act.
• S.5104 - NACIE Improvement Act.
• S.5113 - VAWA Technical Amendment Act of 2022.
• S.5140 - A bill to provide for rental assistance for homeless or at-risk Indian veterans, and for other purposes.
• S.5181 - A bill to direct the Secretary of Veterans Affairs to make certain improvements relating to mental health and suicide prevention outreach to minority veterans and American Indian and Alaska Native veterans, and for other purposes.
• S.5186 / H.R.9439 - A bill to ensure progress toward the fulfillment by the Federal Government of its trust and treaty obligations to Native Americans and Tribal governments, to ensure funding for programs for Native Americans and Tribal governments, and for other purposes.
• H.Res.1498 - Recognizing National Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.
• H.R.9293 - To amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the Navajo Nation Water Resources Development Trust Fund, and for other purposes.
• H.R.9294 - To amend the Claims Resolution Act to make a technical correction to the Taos Pueblo Water Development Fund and the Aamodt Settlement Pueblos' Fund, and for other purposes.
• H.R.9343 - Tribal Connect Act of 2022.
• H.R.9382 - Winnebago Land Transfer Act of 2022.
• H.R.9391 - Tribal Firearm Access Act.

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

• Tribal Management Grant Program (Indian Health Service)
• Uniform Standards for Tribal Consultation (Executive Office of the President)
• Water Quality Standards Regulatory Revisions To Protect Tribal Reserved Rights (Environmental Protection Agency)
• Land Acquisitions (Bureau of Indian Affairs)
• HEARTH Act Approval of Pawnee Nation of Oklahoma Leasing Ordinance (Bureau of Indian Affairs)
• Appeals From Administrative Actions (Bureau of Indian Affairs)
• Land Acquisitions; Central Council of Tlingit and Haida Indian Tribes of Alaska, Alaska (Bureau of Indian Affairs)
• Tribal Intergovernmental Advisory Committee Membership (Department of Housing and Urban Development)
• Native American Graves Protection and Repatriation Review Committee; Notice of Public Meeting (National Park Service)
• Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon, and Washington; Correction (Environmental Protection Agency)
• Land Acquisitions; White Earth Band of the Minnesota Chippewa Tribe, Minnesota, Buschelle Site, Clearwater County, Minnesota (Bureau of Indian Affairs)
• Land Acquisitions; Tejon Tribe, Mettler Site, Kern County, California (Bureau of Indian Affairs)
• HEARTH Act Approval of Saginaw Chippewa Indian Tribe of Michigan Leasing Ordinance (Bureau of Indian Affairs)
• Notice of Task Force on Research on Violence Against American Indian and Alaska Native Women Meeting (Department of Justice)

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

• Love, memory, and reparations : Looking to the bottom to understand Hawai‘i’s Mauna Kea movement.
• Mapping dual sovereignty and double jeopardy in Indian Country crimes.
• Consenting to criminal jurisdiction in tribal court.
• The battle to enfranchise Indigenous voters.
• The ascension of Indigenous cultural property law.
• Good fire : A Yurok Tribe response to climate change.
• New federal initiatives for Indian Country environmental management.
• The Extradition Clause and Indian Country.
• Oklahoma v. Castro-Huerta, competitive sovereign erosion, and fundamental freedom.

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

This week, in brief:

• ‘For all of Indian Country' Native woman judge makes history in Michigan
• Biden administration announces $135 million to relocate tribes affected by climate change
• The long history of Native American adoptions
• Utah lawmakers want to protect Native American adoptions — no matter how the Supreme Court rules
• 187 years ago, the Cherokee Nation was promised a delegate to the House. It’s still waiting
• Representatives Kilmer, Warren introduce historic legislation to address barriers to sovereignty
• Biden affirms commitment to tribal nations, announces new initiatives at White House Tribal Nations Summit
• Peyron testifies in front of Congress about Tule River Tribe's water crisis
• Klamath River dams: Regulators clear path for largest dam demolition in history
• Grand Ronde citizens vote to limit disenrollment
• Biden gets bill to stop illegal exportation of Native items
• Blackfeet Nation challenges Montana ban on vaccine mandates as infringement on sovereignty

Announcements:

• The Native American Rights Fund is hiring for the open position of Blaustein Fellow in the Boulder office. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/