Indian Law Bulletins Updated 12/20/2023

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Eastern Band of Cherokee Indians v. Long (Misuse of Tribal Property)
• La Posta Band of Diegueno Mission Indians v. Yavapai-Apache Nation (Contract Dispute; Jury Instructions; Indian Gaming)
• Priest v. Colville Confederated Tribes (Time Served; Due Process and Equal Protection Rights)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Ronan F. v. Department of Family & Community Services (Indian Child Welfare Act)
• Billy Zane Deo v. The Honorable Lawrence Parish (Criminal Jurisdiction; McGirt v. Oklahoma)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Regulatory and Administrative Requirement Flexibilities Available to Native American Programs During CY 2024 and CY 2025 to Tribal Grantees To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters (HUD)
• Rural Business Development Grant (RBDG) Regulation: Tribes and Tribal Business References To Provide Equitable Access (USDA)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Defining the borders: Exploring the tax implications surrounding McGirt v. Oklahoma.
• Why lack of Tribal self-determination rights promote the Native American and Alaska Native poverty crisis and why these rights should be expanded.

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

This week, in brief:

• Judge Sara Hill will be the first Native woman to serve United States District Court for the Northern District of Oklahoma
• Yakama Nation unveils new justice center
• New Mexico extends ban on oil and gas leasing around Chaco park, an area sacred to Native Americans
• Biden administration promises $1 billion more for salmon, clean energy — but punts on Lower Snake River dam removal in major agreement
• For Diné, by Diné textbook underway

Indian Law Bulletins Updated 12/13/23

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• The Duwamish Tribe v. Haaland, et al. (Deliberative Process Privilege; Federal Acknowledgement)
• Turtle Mountain Band of Chippewa Indians, et al. v. Howe (Motion to Stay; Voting Rights Act; Legislative Redistricting)
• Temple v. Roberts, et al. (Grazing Land Leasing; Administrative Procedures Act)
• Eagle Bear, Inc. v. The Blackfeet Indian Nation, et al. (Business Leasing; Tribal Trust Land)
• Piechowski v. Office of Navajo and Hopi Indian Relocation (Navajo and Hopi Indian Land Settlement Act of 1974; Administrative Procedure Act)
• NDN Collective v. Retsel Corporation, et al. (Defamation; Nuisance: Counterclaims)
• United States v. Brown (Major Crimes Act: Indian Status)
• Sellards-Reck v. Shook, et al. (Writ of Habeas Corpus; Indian Civil Rights Act; Tribal Courts)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Cambridge Central School District v. New York State Education Department (Mascots and Native Representation)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• H.R.6723 - To reaffirm the applicability of the Act of June 18, 1934, to the Samish Indian Nation, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Land Acquisitions (Interior)
• Reforming Federal Funding and Support for Tribal Nations To Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination (Executive Order)
• Alaska Native Claims Selection (Interior)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Federal courts and the civilizing mission.
• The legacy of trust promises: Native American healthcare.

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

This week, in brief:

• Leader of northern Wisconsin Tribe not backing down in dispute with GOP lawmakers
• Biden clears path for Tribal nations to access federal funds
• U.S. touts new era of collaboration with Native American Tribes to manage public lands
• Federal government overhauls NAGPRA to expedite return of Native ancestral remains
• Justin Hooper says all he wanted was to be tried in the proper court. Will Tulsa agree?

Announcements

• The Environmental Law Institute (ELI), in partnership with the National Indian Law Library (NILL), is seeking a Law Clerk for the spring of 2024 to assist with our Advancing Tribal Sovereignty and Community Health in California project. The position will be based in Washington D.C. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team.

Indian Law Bulletins Updated 12/6/2023

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Springer v. Sherman, et al. (Habeas Petition; Indian Civil Rights Act)
• Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan (Tribal Contract Health; Discovery)
• United States v. Smith (Federal Criminal Jurisdiction; Non-Indian Crimes in Indian Country)
• Sands, et al. v. Office of Navajo and Hopi Indian Relocation (Navajo and Hopi Indian Land Settlement Act of 1974; Administrative Procedure Act)
• Souther v. Nez Perce Tribe Judicial Services (Tribal Sovereign Immunity; Tribal Courts)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.3406 - A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the Navajo Nation Water Resources Development Trust Fund, to amend the Claims Resolution Act of 2010 to make technical corrections to the Taos Pueblo Water Development Fund and Aamodt Settlement Pueblos' Fund, and for other purposes.
• H.R.6533 - 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.6540 - To realign L-29 at full Federal expense for the Miccosukee Tribe to expand the area for the Tigertail camp, which is a residential area.
• H.Res.900 - 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.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• It shouldn’t be this hard: The law and economics of business in Indian Country.
• Making red lives matter: Public choice theory and Indian Country crime.
• Religious Freedom (for most) Restoration Act: A critical review of the Ninth Circuit’s analysis in Apache Stronghold.
• Remembering a giant - Alex Tallchief Skibine.

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

This week, in brief:

• Michigan Public Service Commission votes to advance permitting for Enbridge’s Line 5 tunnel project
• Cherokee Nation celebrates traffic citation revenue-sharing agreements
• First Native Hawaiian woman confirmed as federal judge
• Native American leaders join 70,000 world delegates at climate conference in Dubai
• What the fight to expand access to the ballot for Native Americans looks like now

Indian Law Bulletins Updated 11/29/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

Two petitions for certiorari were granted on 11/20/23 and the cases were consolidated:

• Becerra v. Northern Arapaho Tribe (Indian Self-Determination and Education Assistance Act Contract Support Costs)
• Becerra v. San Carlos Apache Tribe (Indian Self-Determination and Education Assistance Act Contract Support Costs)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Peterson v. Harrah's NC Casino Company, LLC and Caesars Entertainment, Inc. (Joinder; Tribal Sovereign Immunity)
• United States v. Hemingway (Major Crimes Act; Criminal Jurisdiction)
• Turtle Mountain Band of Chippewa Indians, et al. v. Howe (Voting Rights Act; Legislative Redistricting)
• Cantrell v. Balaam (Habeas Petition; Indian Civil Rights Act)
• California Valley Miwok Tribe, et al. v. Haaland, et al. (Federal Recognition; Tribal Organization)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Moran v. Cheek (Eviction Order Appeal)
• Lambert v. Fort Peck Housing Authority (Laches)
• Lilley v. Fort Peck Tribes (Hearsay; Indian Civil Rights Act)
• In the Matter of M.W. (Custody Order Review)
• Hamilton v. Fort Peck Tribes (Probate Order; Validity of Will)
• Bear v. Fort Peck Tribes (Appeal of Criminal Conviction)
• Fort Peck Tribes v. Jackson (Criminal Jurisdiction; Finding of Indian Status)
• In Protection of MC (Adult Protection Order)
• The Tulalip Tribes v. Corallo (Trial Court Authority to Modify Judgment)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Adoption of Ursa (and a companion case) (Indian Child Welfare Act)
• State of Oklahoma v. Crosson (Criminal Jurisdiction)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.3310 - 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.
• H.R.6420 - 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.
• H.R.6443 - To take certain land in the State of California into trust for the benefit of the Jamul Indian Village of California Tribe, and for other purposes.
• H.R.6489 - To amend the Alaska Native Claims Settlement Act to provide that Village Corporations shall not be required to convey land in trust to the State of Alaska for the establishment of Municipal Corporations, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Temporary Closure and Restriction Orders (Interior)
• Notice of Adoption of a Bureau of Indian Affairs Categorical Exclusion Under the National Environmental Policy Act (EPA)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Improving public schools: What advocates can learn from Indian education rights.
• Indian policing: Agents of assimilation.
• Indigenous influence on the rights of nature movement.
• Intellectual property protection for genetic resources, traditional knowledge, and folklore: Will the on-going WIPO efforts result in a formal treaty?
• Legal borderlands and imperial legacies: A response to Maggie Blackhawk’s "the constitution of American colonialism".
• Locating novel protections for the tradtional knowledge of Indigenous communities in customary international law.

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

This week, in brief:

• Native judges belong on the federal bench
• NCAI vote to exclude state recognized nations fails
• Justices take up Native health care funding cases
• North Dakota to appeal decision that protected Tribes’ rights
• Tribe in Oklahoma sues city of Tulsa for continuing to ticket Native American drivers

Indian Law Bulletins Updated 11/15/2023

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Sovereign Iñupiat for a Living Arctic, et al. v. Bureau of Land Management, et al. (Administrative Procedure Act; National Petroleum Reserve in Alaska; Willow Project)
• Bellfy v. Edwards (Absolute Judicial Immunity; Tribal Court Jurisdiction)
• Reno-Sparks Indian Colony, et al. v. Haaland, et al. (Administrative Procedure Act; Lithium Nevada Thacker Pass Project Humboldt County)
• Arocha v. Blackfeet Tribe (Habeas Corpus; Jurisdiction; Indian Civil Rights Act)
• Faris v. Southern Ute Indian Tribe, et al. (Subject Matter Jurisdiction; Employee Retirement Income Security Act)
• Cheyenne River Sioux Tribe v. United States (Breach of Trust; Treaty of Fort Laramie of 1868)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Romanelli v. Crampton (Little River Band of Ottawa Indians Constitution; Tribal Council Procedures)
• Little River Band of Ottawa Indians Tribal Council v. Romanelli (Little River Band of Ottawa Indians Constitution)
• Blacksmith v. Simon (Statement of Claim; Tribal Sovereign Immunity)
• In the Matter of the Estate of Miguel (Interlocutory Review; Substitution of Counsel)
• In the Matter of the Estate of Siquieros (Interlocutory Review; Substitution of Counsel)
• Dawsey v. Woomavovah, et al. (Appellate Jurisdiction; Immediate Relief; Elections)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• In the Matter of the Guardianship of L.C. (Indian Child Welfare Act)
• Howson v. Similk Inc. (Tribal Sovereign Immunity)
• In re AAS (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.3263 - A bill to reaffirm the applicability of the Indian Reorganization Act to the Poarch Band of Creek Indians, and for other purposes.
• S.3270 - A bill to amend the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 to establish a budgetary Tribal Government consultation process at the Department of Agriculture, and for other purposes.
• H.R.6368 - To assist Tribal governments in the management of buffalo and buffalo habitat and the reestablishment of buffalo on Indian land.
• S.Res.459 - 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.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Alaska Native Claims Selection (Interior)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• The constitution of American colonialism.
• Decolonizing the mind as an exercise of ea.
• Excluded and alone: Examining the experiences of Native American women in the law and a path towards equity.
• Tribes, states, and sovereigns' interest in children.

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

This week, in brief:

• New Tribal Water Institute will help Arizona Tribes navigate water law and policies
• NCAI faces controversial constitutional amendments to remove state recognized Tribes
• Western Alaska salmon crisis affects physical and mental health, residents say
• Debate over Pebble Mine in Alaska’s Bristol Bay region moves to dueling Supreme Court briefs
• Oklahoma Highway Patrol gives ticket over Tribal plate, potentially changing decades of policing precedent

Indian Law Bulletins Updated 11/8/2023

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• State of Alaska, Department of Fish and Game v. Federal Subsistence Board and Organized Village of Kake (Alaska National Interest Lands Conservation Act; Hunting Rights)
• Walen and Henderson v. Burgum, et al. (Equal Protection Clause; Unlawful Racial Gerrymanders)
• Historical Eastern Pequot Tribe v. Office of Federal Acknowledgment (Unreasonable-Delay Challenge; Federal Recognition)
• In re: Eagle Bear Inc. (Tribal Taxation)
• Merit Energy Operations I, LLC v. Eastern Shoshone and Northern Arapaho Tribes (Arbitration Award; Oil and Gas Lease)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Fort Peck Tribes v. Gourneau (Appellate Court Authority)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.3185 - Tribal Cultural Areas Protection Act / A bill to establish the Tribal Cultural Areas System, and for other purposes.
• S.3186 - Advancing Tribal Parity on Public Land Act / A bill to protect Native cultural sites located on Federal land, to improve consultation with Indian Tribes, to bring parity to Indian Tribes with regard to Federal public land management laws, and for other purposes.
• S.3230 - A bill to transfer administrative jurisdiction of certain Federal lands from the Army Corps of Engineers to the Bureau of Indian Affairs, to take such lands into trust for the Winnebago Tribe of Nebraska, and for other purposes.
• S.3241 - A bill to establish the Grand Village of the Natchez Indians and Jefferson College as affiliated areas of the Natchez Historical Park, and for other purposes.
• H.R.6147 - To establish the Tribal Cultural Areas System, and for other purposes.
• H.R.6148 - To protect Native cultural sites located on Federal land, to improve consultation with Indian Tribes, to bring parity to Indian Tribes with regard to Federal public land management laws, and for other purposes.
• H.R.6180 - To reaffirm the applicability of the Indian Reorganization Act to the Poarch Band of Creek Indians, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• National Native American Heritage Month, 2023 (Office of the President)
• Notice of Availability of Consultation Documents for Public Comment Under Section 106 of the National Historic Preservation Act (Transportation)
• Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors (Commerce)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Reviving Indian Country : Expanding Alaska Native Villages' tribal land bases through fee-to-trust acquisitions.
• “Statistics are human beings with the tears wiped away”: Utilizing data to develop strategies to reduce the number of Native Americans who go missing.

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

This week, in brief:

• Survivors say trauma from abusive Native American boarding schools stretches across generations
• Abandoned in Osage: A century after the events of "Killers of the Flower Moon," abandoned oil wells litter the Osage Nation
• Penobscot Nation to reclaim ancestral land in north central Maine
• Tribal self-governance at center of dispute over federal health care costs
• A decade of healing and action: Commission issues urgent recommendations to feds for combating MMIP crisis

Indian Law Bulletins Updated 11/1/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

One petition for certiorari was denied on 10/30/23:

• Klamath Irrigation District v. United States Bureau of Reclamation (Federal Rule of Civil Procedure 19 (Required Joinder of Parties))

One application for a stay was denied on 10/25/23:

• West Flagler Associates, Ltd. v. Haaland (Indian Gaming Regulatory Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Littlefield v. U.S. Department of the Interior (Fee to Trust; Administrative Procedure Act)
• Spencer v. Lewis, et al. (Tribal Court Jurisdiction; Indian Child Welfare Act)
• United States v. Walker (Indian Country; Proof of Indian Status)
• Balli v. Akima Global Services, LLC (Title VII; Alaska Native Corporation)
• Ferguson v. Hittle, et al. (§ 1983 Claim; Tribal Sovereign Immunity for Employees)
• Berry Creek Rancheria of Maidu Indians of California v. California (Indian Gaming Regulatory Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Thompson v. Smoker and Thompson (Paternity; Child Support Enforcement)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• In the Matter of Z.N.-M. (Indian Child Welfare Act)
• In the Matter of Jane Doe I (Indian Child Welfare Act)
• Rivera v. Cataldo (1920 Hawaiian Homes Commission Act)
• In the Matter of the Dependency of C.M.L. and C.S.S. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.3130 - Restoring Accountability in the Indian Health Service Act of 2023 / 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.3154 - Tribal Child Support Enforcement Act / A bill to improve the effectiveness of tribal child support enforcement agencies, and for other purposes.
• S.Res.426 - A resolution designating November 4, 2023, as "National Bison Day".
• S.Res.433 - A resolution commemorating the 80th anniversary of the establishment of the Missisquoi National Wildlife Refuge.
• H.Res.822 - Commemorating the 80th anniversary of the establishment of the Missisquoi National Wildlife Refuge.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Codification of Onshore Orders 1, 2, 6, and 7; Correction (Interior)
• Announcement of Award of a Non-Competitive Cooperative Agreement (National Endowment for the Humanities)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Centering Indigenous and community fisheries in global fisheries governance.
• Decisions impacting Indian Country in the 2023 US Supreme Court term.
• A path forward: Litigating the treaty-based claims of children sexually abused in the Indian Health Service system.
• The South Dakota Native Homeownership Coalition: Celebrating ten years of impact.
• The specter of Indian removal: The persistence of state supremacy arguments in federal Indian law.

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

This week, in brief:

• Parties in Snake River salmon litigation ask court for more time
• Utah leaders appeal dismissal of Bears Ears, Grand Staircase-Escalante monuments lawsuit
• Tribal co-management of federal public lands leads to new protections
• Indigenous data warriors and the ongoing fight for data sovereignty
• President Biden’s Investing in America agenda supports $327 million investment to fulfill Indian Water Rights Settlements

Indian Law Bulletins Updated 10/25/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

The Tribal Supreme Court Project published an Update Memorandum on October 19, 2023: https://sct.narf.org/updatememos/2023/10-19-2023.pdf

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Wahpekeche v. Pettigrew (Criminal Jurisdiction)
• Hill v. Department of the Interior (Indian Water Rights Settlement)
• Brown v. Choctaw Resort Development Enterprise (Exhaustion of Tribal Court Remedies)
• Goldtooth v. Office of Navajo and Hopi Indian Relocation (Relocation Benefits)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Patwell v. Mohean Tribal Gaming Authority (Mohegan Torts Code; Negligence)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.3086 - A bill to amend the Higher Education Act of 1965 to establish grants for tuition-free community colleges, student success grants, and grants for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions, and for other purposes.
• H.R.5998 - To amend the Higher Education Act of 1965 to establish grants for tuition-free community colleges, student success grants, and grants for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Formal Tribal Consultation on WIPO IGC Negotiations (Commerce)
• Johnson-O'Malley Program (Interior)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Arizona v. Navajo Nation (2023): Legal realism and the Colorado River.
• Congress' power to affirm Indian citizenship through legislation protecting Native American voting rights.
• Dignity and respect at all times: How federal agencies can measure up in complying with NAGPRA and related statutes.
• Meaningful tribal consultation as part of national forest planning.
• SCOTUS Navajo water case recap disputed.

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

This week, in brief:

• Healing totem pole raised to honor Indian boarding schools victims
• New Colorado River rules will be hard to agree on. A new report shows just how tricky it could be
• President nominates former Cherokee Nation AG as federal judge
• A prominent museum obtained items from a massacre of Native Americans in 1895. The survivors’ descendants want them back.
• Oklahoma supreme court agrees to hear tax dispute on Indian lands, won’t hear governor’s challenge to legislature’s ability to extend tribal compacts

Indian Law Bulletins Updated 10/18/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

One petition for certiorari was dismissed on 10/10/2023:

• Slockish v. Dept. of Transportation (Religious freedom)

One application for a stay was filed on 10/6/2023:

• West Flagler Associates v. Haaland (Indian Gaming Regulatory Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Northwestern Band of the Shoshone Nation v. Wooten (Hunting Treaty Rights; 1868 Treaty of Fort Bridger)
• Block v. United States (Partition Trust Land; Administrative Procedures Act)
• United States v. Alaska (Intervention; Alaska National Interest Lands Conservation Act (ANILCA))
• Perez and Torres v. City of San Antonio (Preliminary Injunction; Religious Freedom)
• Arocha v. Blackman and Blackfeet Tribe (Habeas Corpus; Jurisdiction; Indian Civil Rights Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• In re T.J.S. (State Guardianship Order; Tribal Court Standing)
• Little River Band of Ottawa Indians Tribal Council v. Romanelli (Tribal Council Procedures Ordinance; Tribal Prosecutor's Ordinance)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• State v. American Tobacco Co. (Taxation)
• In re C.L. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.3044 - Mount Blue Sky Wilderness Act / A bill to redesignate the Mount Evans Wilderness as the "Mount Blue Sky Wilderness," and for other purposes.
• H.R.5962 - To redesignate the Mount Evans Wilderness as the "Mount Blue Sky Wilderness", and for other purposes.
• H.R.5970 - To amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Indian Tribes and Tribal organizations to carry out supplemental nutrition assistance programs.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Notice of Expansion and Proposed Restructuring of the Digital Opportunity Demonstration Program (HUD)
• Indigenous Peoples' Day, 2023 (Executive Office of the President)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Clean up your act: The U.S. government's CERCLA liability for uranium mines on the Navajo Nation.
• Not so clear and plain: Exploring the circuit split on the applicability of federal labor & employment laws to tribes.
• The pursuit of health and well-being: 45 years of Native Hawaiian rights.
• Tribal water rights: Private law alternatives to the federal trust doctrine.
• Tsi?latiliwahslu∙nihe kayanlahsla? (Of the place they make matters or issues right).

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

This week, in brief:

• 'We have to take back our education' | Lakota language immersion school preserves language and culture
• Native American Rights Fund files amicus brief before Ninth Circuit
• Congress will debate whether to rename the Mount Evans Wilderness west of Denver
• New York museum unveils repatriation overhaul after ethical awakening
• States opposed tribes’ access to the Colorado River 70 years ago. History is repeating itself.

Indian Law Bulletins Updated 10/11/23

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Benally, et al. v. Office of Navajo and Hopi Indian Relocation (Navajo and Hopi Indian Land Settlement Act of 1974; Administrative Procedure Act)
• Dedicato Treatment Center, Inc. v. Salt River Pima-Maricopa Indian Community (Tribal Sovereign Immunity; Health Care)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Medina v. Estate of Cody (Civil Jurisdiction)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.3019 - A bill to develop and disseminate accurate, relevant, and accessible resources to promote understanding about Native American and Tribal Histories.
• S.3022 - A bill to amend the Indian Health Care Improvement Act to allow Indian Health Service scholarship and loan recipients to fulfill service obligations through half-time clinical practice, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Tribal Opioid Response (TOR) Consultation (HHS)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Bizindan miinawa (listen again).
• Decades of discord: The Crow Tribe's ongoing fight for hunting rights in the Bighorn National Forest.
• Dishonoring the earth: Ecocide as prosecutable genocide against Indigenous People.
• An "enduring place": The constitutional promise of tribal sovereignty.
• Free, prior informed consent and extractive industry: Indigenous action is the past, present, and future of global environmental justice.
• Justice40 and the clean-up of Wind River dumps.
• Playing catch-up: Laws protecting cultural property in the United States need an update.
• Prime Day pushback: What you need to know about sales tax collection on the reservation.
• Racism and trademark abandonment.
• SCOTUS splits in Arizona v. Navajo Nation.
• Unsettling human rights clinical pedagogy and practice in settler colonial contexts.

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

This week, in brief:

• How Indigenous guardian programs can help the land and the people taking care of it
• Racial disparities for Alaska Native and American Indian inmates: A troubling picture
• ‘Try to make it right’: Sacred site to be restored in Clackamas County
• Book review: "The Cost of Free Land: Jews, Lakota, and an American Inheritance"
• School district settles Native American hair cutting lawsuit

Indian Law Bulletins Updated 10/4/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

One motion for leave to file a bill of complaint was filed on 7/26/2023:

• Alaska v. USA (Bristol Bay Pebble Mine; Clean Water Act; state sovereignty)

Four petitions for certiorari were denied on 10/2/2023:

• Bird Industries, Inc. v. Tribal Business Council of Three Affiliated Tribes of the Fort Berthold Indian Reservation (Tribal sovereign immunity from suit)
• Conference of Presidents of Major Italian American Organizations v. City of Philadelphia (Standing to challenge public holiday)
• Martin v. Sandoval County, New Mexico (New Mexico Rule of Civil Procedure 19 (Required Joinder of Parties))
  
• Sauk-Suiattle Indian Tribe v. City of Seattle (Federal court jurisdiction)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• United States v. Abousleman (Water Rights; Winters Doctrine)
• Jeremiah M., Hannah M. and Hunter M., et al. v. Crum, et al. (Indian Child Welfare Act; Placement Preference)
• Ute Indian Tribe of the Uintah and Ouray Indian Reservation v. United States Department of the Interior, et al. (Water Rights; Federal Trust Duties)
• Pollard, et al. v. Johnson, et al. (Federal Subject Matter Jurisdiction; Federal-Aid Highway Act; Grable Exception)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Shaevitz v. Mohegan Tribal Gaming Authority (Mohegan Torts Code; Negligence)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Matter of Guardianship of L.C. (Indian Child Welfare Act)
• In the Matter of B. P., a Child. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.2958 - Strengthening Coastal Communities Act of 2023 / An original bill to amend the Coastal Barrier Resources Act to make improvements to that Act, and for other purposes.
• S.2970 - A bill to amend title 5, United States Code, to designate Indigenous Peoples' Day as a legal public holiday, to replace the term "Columbus Day" with the term "Indigenous Peoples' Day", and for other purposes.
• H.R.5822 - To designate Indigenous Peoples' Day as a legal public holiday and replace the term "Columbus Day" with the term "Indigenous Peoples' Day", and for other purposes.
• H.R.5831 - To provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.
• H.R.5865 - To require the Secretary of the Army to establish a pilot program to protect Native American burial sites, village sites, and cultural resources discovered at Corps of Engineers civil works projects in the Sacramento River watershed, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Special Diabetes Program for Indians (HHS)
• Notice of Approval Status; EPA Plan for the Federal Certification of Applicators Within Indian Country (EPA)
• Proclaiming Certain Lands as Reservation for Kalispel Indian Community of the Kalispel Reservation (Interior)
• Proclaiming Certain Lands as Reservation for Confederated Tribes of the Chehalis Reservation of Washington (Interior)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• The administration of injustice: The conflict between federal and tribal criminal jurisdiction.
• Enslaved in a free country: Legalized exploitation of Native Americans and African Americans in early California and the post-emancipation South.
• A genocide the world has ignored: Holding governments and the Catholic Church accountable for residential and boarding schools through the ICC.
• Indian Country’s continued struggle with the opioid crisis: Focused problem areas, the federal government’s response, and what more can be done.
• Pachamama over people and profit: A case for Indigenous ecology and environmental personhood.
• A portrait of tribal courts: Tribal court tools and levers to ensure procedural fairness for self-represented litigants.
• The winding trail: A look at non-linear temporality in literary works in response to the issue of sovereignty.
• Winner, best appellate brief in the 2023 Native American Law Student Association Moot Court Competition.

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

This week, in brief:

• For the first time, Colorado details dark historical chapter of attempted forced assimilation of Indigenous children in extensive report
• Indigenous Peoples’ Day Act reintroduced in Congress
• Rejected by US courts, Onondaga Nation take centuries-old land rights case to international panel
• Judge rules two freedmen eligible for tribal citizenship of Muscogee (Creek) Nation, tribe appeals
• Southwest Alaska tribes file two separate state appeals challenging the Donlin Gold Mine

Indian Law Bulletins Updated 09/27/23

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Molinar v. Lumpkin (Religious Land Use and Institutionalized Persons Act of 2002)
• Jensen v. EXC, Inc. (Tribal Jurisdiction)
• E.J.T. v. Jefferson County, et al. (Section 1983; Tribal Sovereign Immunity)
• Williams, et al. v. Big Picture Loans, et al. (Tribal Lending; Tribal Sovereign Immunity)
• Darden v. Vines, et al. (Absolute Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Adoption of Leonard. (Indian Child Welfare Act)
• In the Matter of A. R. T. (Indian Child Welfare Act)
• In re AAS (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.2868 - A bill to accept the request to revoke the charter of incorporation of the Lower Sioux Indian Community in the State of Minnesota at the request of that Community, and for other purposes.
• S.2903 - Parity for Alaska Native and Native Hawaiian Students in Agriculture Act / A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend education grant programs for Alaska Native serving institutions and Native Hawaiian serving institutions, and for other purposes.
• S.2908 - Indian Buffalo Management Act / A bill to assist Tribal governments in the management of buffalo and buffalo habitat and the reestablishment of buffalo on Indian land.
• S.2912 - SNAP Tribal Food Sovereignty Act of 2023 / A bill to amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Indian Tribes and Tribal organizations to carry out supplemental nutrition assistance programs.
• S.2927 - A bill to amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.
• H.R.5660 - To provide for the protection of natural and cultural resources, Tribal collaborative management, sustainable economic development, enhanced recreation, and equitable access on Federal lands in eastern Imperial and Riverside counties, California, and for other purposes.
• H.R.5669 - To provide that employees of tribally controlled schools are eligible to receive a pension under the Federal Employees Retirement System and to participate in the Thrift Savings Plan, and for other purposes.
• H.R.5732 - To reaffirm and clarify the Federal relationships of the Grand River Bands of Ottawa Indians of Michigan as a federally recognized Indian tribe, and for other purposes.
• S.Res.355 - A resolution recognizing the critical importance of access to reliable, clean drinking water for Native Americans and affirming the responsibility of the Federal Government to ensure such water access.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Climate change is forcing Indigenous communities to relocate with little assistance from the federal government - but Congress can make it easier?
• Ethical marketing, cultural integrity, and consumer protection in Hawai'i.
• Haaland v. Brackeen: The decision that threatened the Indian Child Welfare Act's protections of Native families in Illinois.
• Humanity, race, and Indigeneity in criminal sentencing: Social change in America, Canada, Europe, Australia, and New Zealand.
• Keeping "current" with the Idaho water adjudications.
• Montana water: Establishing priority of water of the Flathead Reservation.
• Native nations and tribal cultural property law.
• Wolf law.

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

This week, in brief:

• 'It’s happy sad': Two Oyate boys leave Carlisle, others left behind
• Wounded Knee Massacre Bill passes the House of Representatives
• The state of tribal co-management of public lands
• LA's largest-ever land back an 'important step' in the movement
• Class action payments go out to Little Shell, Chippewa Cree members

Indian Law Bulletins Updated 9/20/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

Three petitions for certiorari were filed:

• Becerra v. Northern Arapaho Tribe (Indian Health Service "contract support costs")
• Becerra v. San Carlos Apache Tribe (Indian Health Service "contract support costs")
• Tingle v. Florida Dept. of Health (Equal Protection; Due Process; Inherent Powers Doctrine)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Amboh v. Duchesne County, et al. (Criminal Jurisdiction)
• Pretends Eagle v. United States (Federal Tort Claims Act; 638 Contract)
• United States v. Veneno (COVID-19 Courtroom Closure)
• Bourassa v. United States (Federal Tort Claims Act; 638 Contract)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Interest of C.J.B. (Indian Child Welfare Act)
• Seminole Tribe of Florida v. Webster (Sovereign Immunity)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.2783 - Miccosukee Reserved Area Amendments Act / A bill to amend the Miccosukee Reserved Area Act to authorize the expansion of the Miccosukee Reserved Area and to carry out activities to protect structures within the Osceola Camp from flooding, and for other purposes.
• S.2796 - A bill to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.
• S.2810 - Tribal Connect Act of 2023 / A bill to amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes.
• H.R.5493 - Strengthening the Office of Tribal Relations Act of 2023 / To amend the Department of Agriculture Reorganization Act of 1994 to establish an Assistant Secretary of Agriculture for Tribal Relations, and for other purposes.
• H.R.5494 - Tribal Connect Act of 2023 / To amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes.
• H.R.5503 - To amend the Food Security Act of 1985 to include Indian Tribes in certain provisions relating to priority resource concerns.
• H.R.5546 - To amend the Internal Revenue Code of 1986 to permit individuals eligible for Indian Health Service assistance to qualify for health savings accounts.
• H.R.5553 - To extend Federal recognition to the Patawomeck Indian Tribe of Virginia, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• 2023 Tribal Consultation (National Endowment for the Arts)
• Radio Broadcasting Services; Lac du Flambeau, Wisconsin (Federal Communications Commission)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Re-placing property.
• SCOTUS: Tribal sovereign immunity abrogated through the code.
• Strengthening NAGPRA.
• Tribal infrastructure as a road to reclaiming sovereignty.
• What is traditional medicine? A typology for operationalizing the World Health Organization definition.
• What the trust? Overcoming barriers to renewable energy development in Indian Country.

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

This week, in brief:

• Northern California health center first in nation to be designated a voter registration center on Tribal lands
• Native American voters score victory in U.S. district court in Arizona
• Ohio’s Hopewell Ceremonial Earthworks are nation’s newest UNESCO World Heritage site
• Mount Evans is now Mount Blue Sky
• Virginia congresswomen propose federal recognition of Patawomeck Indian Tribe

Announcements

• The Environmental Law Institute and the Native American Rights Fund are seeking quotes from qualified web development firms to design, develop, and launch a new website. View the request for quotes at: https://www.narf.org/nill/documents/Digital_Consultation_Hub_RFQ.pdf

Indian Law Bulletins Updated 9/13/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

One petition for certiorari was filed on 9/5/23:

• Klamath Irrigation District v. United States Bureau of Reclamation (Water rights; the McCarran Amendment)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Swinomish Indian Tribal Community v. Lummi Nation (Fishing Treaty Rights)
• United States v. Klamath Drainage District (Tribal Water and Fishing Rights)
• California v. Azuma Corporation, et al. (Ex parte Young; Prevent All Cigarette Trafficking (PACT Act))
• Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence (Attorney Fees)
• Gila River Indian Community, and San Carlos Apache Tribe v. Schoebroek (Water Rights)
• United States, Puyallup Tribe of Indians, et al. v. Electron Hydro, LLC and Fischer (Clean Water Act)
• Pueblo of Pojoaque and Buffalo Thunder, Inc. v. Biedscheid and Pena (Indian Gaming Regulatory Act; State Tort; Anti-Injunction Act)
• Butler v. Salt River Pima Reservation Police (Tribal Sovereign Immunity)
• Jamul Action Committee v. Department of the Interior, Office of Indian Gaming (Gaming Compact; Freedom of Information Act; Tribal Sovereign Immunity)
• Chase, et al. v. Andeavor Logistics, L.P., et al. (Allotted Lands; Trespass)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• In re Jerry R. (Indian Child Welfare Act)
• In re V.C. (Indian Child Welfare Act)
• Pitoitua v. Gaube (Tribal Sovereign Immunity)
• Westlands Water District v. All Persons Interested (Resource Management)
• In re N.F. (Indian Child Welfare Act)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Migratory Bird Hunting; Migratory Game Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands (Interior)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Centering Mni Waconi in water law.
• Does expanding tribal jurisdiction improve tribal economies: Lessons from Arizona.
• Fighting fire with fire: How NEPA's emphasis on risk prevents prescribed burns and intensifies wildfire.
• In the room where it happens: How federal appropriations law can enforce tribal consultation policies and protect native subsistence rights in Alaska.
• Indian boarding school deaths and the Federal Tort Claims Act: A route to a remedy.
• A mother's domicile in the Indian Child Welfare Act: In re adoption of B.B.
• Navajo statehood: From domestic dependent nation to 51st state.
• Property and more-than-human personhood.
• Rights of nature in Hawaiʻi: Preserving the relationship between natural resources and cultural significance.

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

This week, in brief:

• National Native American Boarding School Healing Coalition launches interactive map of United States’ 523 American Indian boarding schools
• Dept. of the Interior cancels all oil and gas leases in the Arctic National Wildlife Refuge; protects 13 million acres in National Petroleum Reserve in Alaska
• How the land back movement is unraveling manifest destiny
• In renaming of Mount Evans, Colorado grapples with its violent territorial past
• Tribal nations face less accurate, more limited 2020 census data because of privacy methods

Indian Law Bulletins Updated 08/29/2023

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Steve v. Tuni, et al. (Memorandum of Understanding; Tribal Sovereign Immunity)
• Winnemucca Indian Colony v. United States (Trust Responsibilities; Continuing Claims Doctrine)
• United States v. Michigan (Great Lakes Fisheries Management; Treaty Rights)
• Preciado v. Great Wolf Lodge (Tribal Sovereign Immunity; Discrimination)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Pennington v. Cherokee Nation (Statute of Limitations)
• Matter of H.J.M. (Appellate Review of Custody Order)
• Fort Peck Tribes v. Romero (Appellate Review of Independent Grounds)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• In re Andres R (Indian Child Welfare Act)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Order of Succession for the Office of Public and Indian Housing (HUD)
• Receipt of Documented Petition for Federal Acknowledgment as an American Indian Tribe (Interior)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Achieving climate justice through land back: An overview of tribal dispossession, land return efforts, and practical mechanisms for #landback.
• Artificial intelligence on Indian reservations in the United States: Prospects and challenges.
• The enemy of my enemy is my friend: The return of wolves through federal authority and tribal treaty rights.
• Las Casas’s use of legal interpretive rules at Valladolid.
• Voices of the river: The rise of Indigenous women leaders in the Colorado River Basin.

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

This week, in brief:

• Native American group to digitize 20,000 archival pages linked to Quaker-run Indian boarding schools
• Oregon tribes protest offshore wind plans
• Alaska Natives conflict with Interior Department on proposed changes to Indian Arts & Crafts Act
• New report highlights circumstances around hundreds of Alaska’s missing Indigenous people
• Lahaina’s deadly fire has intensified Maui’s fight over water rights

Indian Law Bulletins Updated 8/23/2023

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Fitzgerald, et al. v. Wildcat, Sr., et al. (Tribal Lending; Tribal Sovereign Immunity)
• McElderry v. Lake County (Habeas Corpus; McGirt v. Oklahoma; Public Law 280)
• Miller v. Lake County (Habeas Corpus; McGirt v. Oklahoma; Public Law 280)
• Spivey v. Chitimacha Tribe of Louisiana (Remand to State Court; Tribal Sovereign Immunity)
• Swinomish Indian Tribal Community v. BNSF Railway Company (Motion to Compel Arbitation; Damages)
• Simms-Hiatt v. Engleman (Concurrent Sentences; Compassionate Release)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Fort Peck Tribes v. Larson (Due Process)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• H.R.5236 - To extend the full measure of the Federal government-to-government relationship between the United States and the Haliwa Saponi Tribe of North 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/2023.html

• Drilling in the Arctic National Wildlife Refuge: Have decades of debate thawed the political stalemate?
• Evs as ej?
• A half-century of pacific salmon saving efforts: A primer on law, policy, and biology.
• The importance of ensuring an accessible federal acknowledgment process for Indigenous tribes in the face of the climate crisis.
• Protecting Ravenstail: Cultural appropriation and the outer limits of copyright law.

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

This week, in brief:

• Native American genocide: Crystal Echo Hawk sheds a light on Indian boarding schools
• What one school’s fight to eliminate PFAS says about Indian Country’s ‘forever chemical’ problem
• Former Assistant of the Interior for Indian Affairs Ada Deer walks on at 88
• Tribal courts across the country are expanding holistic alternatives to the criminal justice system
• Oregon patients will soon be able to receive their amputated body parts for cultural, spiritual reasons

Indian Law Bulletins Updated 8/16/23

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Nygaard v. Taylor (Tribal Court Jurisdiction; Parental Kidnapping Prevention Act)
• Pollard, et al. v. Johnson, et al. (Tribal Sovereign Immunity; Indian Right-of-Way Act)
• Williams v. Harpe (McGirt v. Oklahoma; Due Diligence)
• Perez and Torres v. City of San Antonio (Temporary Restraining Order; Religious Freedom)
• Huntley and Jackson, et al. v. Rosebud Economic Development Corporation, et al. (Tribal Lending; Arbitration; Choice-of-Law Provision)
• Garfield County, et al. v. Biden, et al. (Antiquities Act; Sovereign Immunity; Motion to Dismiss)
• Narragansett Indian Meeting Church v. Johnson (Stay Discovery; Self-Incrimination; Property Dispute)
• Harris v. FSST Management Services, LLC (Tribal Lending; Arbitration; Choice-of-Law Provision)
• Buchanan v. Water Resources Department of Oregon (Tribal Water Rights; Klamath Project)
• Burkette v. East Feliciana Parish Sheriff Jeffrey Travis, et al. (Tribal Federal Recognition)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Notice of Availability of Tribal Allocation Formula for the Tribal Home Electrification and Appliance Rebates Programs (Energy)
• Public Transportation on Indian Reservations Program; Tribal Transit Program (DOT)
• Clean Water Act Section 404 Tribal and State Program Regulation (EPA)
• Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs (Interior)
• Fiscal Year 2023 List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs; Fiscal Year 2024 Programmatic Targets (Interior)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• The aftermath of McGirt and Castro-Huerta: Problems and possible solutions relating to white collar crime in the city of Tulsa.
• Canon against conquest.
• Criminal jurisdiction in Indian Country: A federalism problem.
• Federal statutory and regulatory definitions of 'Indian'.
• The march of co-management - The Biden-Harris administration's expanding work with tribes.
• Sacred easements.
• Tribal air.
• Tribal sovereignty preempted.

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

This week, in brief:

• Young environmental activists prevail in first-of-its-kind climate change trial
• Dept. of Interior to Host Public Meeting on Proposed Changes to Indian Arts and Crafts Act at Santa Fe Indian Market
• Native Hawaiian sacred sites have been damaged in the Lahaina wildfires – but, as an Indigenous scholar writes, their stories will live on
• Federal judge tosses Utah lawsuit seeking to shrink Bears Ears and Grand Staircase-Escalante monuments
• California water agency under investigation for discriminating against tribes, people of color

Indian Law Bulletins Updated 8/9/23

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation, et al. (Attorney Fees; Sanctions; Tribal Court Jurisdiction)
• United States v. Budder (McGirt v. Oklahoma; Self Defense)
• United States v. Eagle (Concurrent Sentences)
• Skull Valley Health Care, LLC v. Norstar Consultants LLC (Tribal Sovereign Immunity; Tribal Official Immunity)
• Wilson v. Department of Interior, et al. (Tribal Sovereign Immunity)
• Wilson v. Department of Interior, et al. (Tribal Sovereign Immunity; Lack of Standing)
• Narragansett Indian Tribe v. Pollack (National Historic Preservation Act)
• Victor v. Seminole Gaming (Tribal Sovereign Immunity)
• Ray v. Office of Navajo and Hopi Indian Relocation (Navajo and Hopi Indian Land Settlement Act of 1974; Administrative Procedure Act)
• United States v. Kills Warrior (Double Jeopardy; Tribal Court Jurisdiction)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• In re RLG (Child Placement; Guardian Ad Litem)
• Henderson v. San Manuel Band of Mission Indians (Service of Documents)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• In the Matter of Denial of Contested Case Hearing Requests and Issuance of National Pollutant Discharge Elimination System / State Disposal System Permit No. MN0071013 for the Proposed NorthMet Project St. Louis County Hoyt Lakes and Babbitt Minnesota. (Clean Water Act)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.2537 - A bill to amend the Food and Nutrition Act of 2008 to improve access to the food distribution program on Indian reservations, and for other purposes.
• S.2540 - A bill to amend the Food and Nutrition Act of 2008 to allow for increased flexibility in the food distribution program on Indian reservations, and for other purposes.
• S.2563 - A bill to amend the Food and Nutrition Act of 2008 to allow for dual enrollment in the supplemental nutrition assistance program and the food distribution program on Indian reservations.
• S.2582 - A bill to establish an integrated research, education, and extension competitive grant program and scholarship grant program for certain Asian American and Native American Pacific Islander-serving agricultural institutions, and for other purposes.
• S.2615 - A bill to amend the Alaska Native Claims Settlement Act to provide that Village Corporations shall not be required to convey land in trust to the State of Alaska for the establishment of Municipal Corporations, and for other purposes.
• S.2695 - A bill to amend the Indian Law Enforcement Reform Act to provide for advancements in public safety services to Indian communities, and for other purposes.
• S.2709 - A bill to amend the Department of Agriculture Reorganization Act of 1994 to establish an Assistant Secretary of Agriculture for Tribal Relations, and for other purposes.
• H.R.5083 - To extend Federal recognition to the Wassamasaw Tribe of Varnertown Indians of South Carolina, and for other purposes.
• H.R.5088 - To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
• H.R.5113 - To amend the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 to establish a budgetary Tribal Government consultation process at the Department of Agriculture, and for other purposes.
• H.R.5162 - To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend education grant programs for Alaska Native serving institutions and Native Hawaiian serving institutions, and for other purposes.

Passed legislation:

• H.R.423 - Pala Band of Mission Indians Land Transfer Act of 2023 / 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 - became Public Law No: 118-11 on 07/28/2023.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Notice of Purchased/Referred Care Delivery Area Redesignation for the Spokane Tribe of Indians in the State of Washington (HHS)
• Tribal Consultation; Federal-State Unemployment Compensation (UC) Program; Confidentiality and Disclosure of State UC Information (Labor)
• Public Land Order No. 7929; Partial Revocation of Public Land Order Nos. 5169, 5173, 5174, 5178, 5179, 5180, 5184, and 5186, as Amended, Modified, and Corrected, and Opening of Additional Lands for Selection by Alaska Native Vietnam-Era Veterans; Alaska (BLM)
• Appeals From Administrative Actions (Interior)
• Request for Public Comment: 30-Day Information Collection: Indian Self-Determination and Education Assistance Act Contracts (HHS)
• Alaska Native Claims Selection (Interior)
• Rate Adjustments for Indian Irrigation Projects (Interior)
• Request for Information: Meeting the Child Care Needs in Tribal Nations (OCC; ACF; HSS)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Bones in contention: A journey and a cautionary tale.
• Countering epistemic injustice in the law: Centering an Indigenous relationship toward land.
• Double jeopardy - Indians - courts: Whether successive prosecutions arising from a single act are barred by the constitution’s double jeopardy clause.
• How to avoid alphabet soup in your legal writing.
• Indian law from behind the bench.
• The jurisdictional landscape of Indian Country after the McGirt and Castro-Huerta decisions.
• Not "civilized" enough to be taxed: Indigeneity, citizenship, and the 1919 Alaska school tax.
• Protecting Indigenous sacred places in the quest for energy transition materials.
• The trouble with the Tribal Law and Order Act.
• Up shit creek: Looking for a paddle.

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

This week, in brief:

• President Biden designates the Baaj Nwaavjo I’tah Kukveni Grand Canyon National Monument
• Supreme Court rules against Tulsa in case over Native American man’s speeding ticket
• Celebrating International Day of the World’s Indigenous People
• Pioneer for Native American law, John Echohawk, receives prestigious award
• Rep. Nancy Mace Introduces Bill To Federally Recognize Wassamasaw Tribe

Indian Law Bulletins Updated 7/26/2023

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Crow Tribe of Indians v. Repsis (Treaty Hunting Rights; Herrera v. Wyoming)
• Blackburn, et al. v. A.C. Israel Enterprises, et al. (Economic Development; Tribal Lending)
• Shoshone-Bannock Tribes and Fort Hall Business Council v. Vanir Construction Management (Tribal Court Jurisdiction; Sovereign Immunity)
• No Casino in Plymouth v. National Indian Gaming Commission (Fee Land Into Trust; Tribal Gaming Ordinance)
• Villasenor v. Torres-Martinez Desert Cahuilla Indians (Indian Civil Rights Act; Tribal Sovereign Immunity)
• Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan (Tribal Contract Health; Discovery)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• In re Delila D. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.2273 - Native American Child Protection Act / A bill to amend the Indian Child Protection and Family Violence Prevention Act.
• S.2285 - A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996.
• S.2354 - A bill to improve access to healthy foods, food processing, housing, forestry, agricultural research, and other agricultural programs, and Tribal self-determination relating to those programs, in the State of Alaska, and for other purposes.
• S.2385 - A bill to provide access to reliable, clean, and drinkable water on Tribal lands, and for other purposes.
• S.2424 - A bill to amend the Indian Self-Determination Act and the Indian Health Care Improvement Act to provide advance appropriations authority for certain accounts of the Bureau of Indian Affairs and Bureau of Indian Education of the Department of the Interior and the Indian Health Service of the Department of Health and Human Services, and for other purposes.
• S.2489 - A bill to amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Tribal organizations to carry out the food distribution program on Indian reservations, and for other purposes.
• H.R.4746 - To provide access to reliable, clean, and drinkable water on Tribal lands, and for other purposes.
• H.R.4748 - To provide for the recognition of certain Alaska Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.
• H.R.4832 - To amend the Indian Self-Determination Act and the Indian Health Care Improvement Act to provide advance appropriations authority for certain accounts of the Bureau of Indian Affairs and Bureau of Indian Education of the Department of the Interior and the Indian Health Service of the Department of Health and Human Services, and for other purposes.
• H.Res.589 - Calling on the Secretary of Education to work with stakeholders to immediately eliminate race-based Native logos, mascots, and names from State educational institutions, and calling on State educational institutions and national sports franchises to cease the unsanctioned use of such logos, mascots, and names.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Single Family Housing Section 502 Guaranteed Loan Program (USDA)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• American givers: How the reneging of the federal trust responsibility impacts Indian gaming and continues America's apathetic oppression of Native Americans.
• The dark matter of federal Indian law: The duty of protection.
• Denying the violence: The missing constitutional law of conquest.
• Five times more likely: Haaland v. Brackeen and what it could mean for Maine tribes.
• The growing list of reasons to amend the Maine Indian jurisdictional agreement.
• The heart of the matter: ICWA and the future of Native American child welfare.
• Isolation and restraint: Maine's unique status outside federal Indian law.
• One nation, under fraud: A remonstrance.
• Solemn vow: Solum's originalism, treaties, and tribal sovereignty in Castro-Huerta.
• Tribal rights, water rights, states’ rights and the Colorado River: What’s at stake in the SCOTUS case, Arizona v. Navajo Nation.

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

This week, in brief:

• Biden-Harris administration investing to support tribes dealing with climate crisis
• 10th Circuit: Wyoming must review convictions in light of century-old Native American treaty
• Tribal nation sues Poarch Creek and Auburn University over desecration of sacred site
• OK Attorney General Drummond intercedes to represent State of Oklahoma in lawsuit over unlawful tribal gaming compacts signed by Governor
• Language regarding Maine's obligation to Native American tribes may be added back to state's constitution

Indian Law Bulletins Updated 7/19/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

The Tribal Supreme Court Project published an Update Memorandum on July 19, 2023: https://sct.narf.org/updatememos/2023/07-19-2023.pdf

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Western Watersheds Project et al. v. McCullough (Thacker Pass Lithium Mine Project; National Environmental Policy Act; National Historic Preservation Act; Federal Land Policy and Management Act)
• Turpen v. Muckleshoot Tribal Court (Tribal Court Jurisdiction; Dissolution of Marriage)
• Lula Williams et al. v. Big Picture loans LLC et al. (Sovereign Immunity)
• Center for Biological Diversity v. U.S. Department of the Interior (Water Rights; National Environmental Policy Act; Administrative Procedure Act)
• Sisaudia v. U.S. Department of the Interior, et al. (Tribal Jurisdiction; Child Custody)
• Hess v. U.S. Department of the Interior, et al. (Tribal Jurisdiction; Child Custody)
• Seneca v. Great Lakes Inter-Tribal Council, Inc. (Tribal Sovereign Immunity; Employment Discrimination)
• State of Kansas ex rel. Kobach v. United States Department of Interior (Fee to Trust; Indian Gaming Regulatory Act)
• WPX Energy Williston, LLC v. Jones (Tribal Court Jurisdiction; Agreement Terms)
• West Flagler Associates, Ltd. v. Haaland (Tribal Sovereign Immunity; Indian Gaming Regulatory Act)
• Ferguson v. Hittle, et al. (Section 1983 Claim; Tribal Sovereign Immunity)
• Mestek v. LAC Courte Oreilles Community Health Center (False Claims Act; Tribal Sovereign Immunity)
• Wilson v. Department of Interior (Tribal Sovereign Immunity; Internal Affairs of Tribes)
• Hooper v. City of Tulsa (McGirt v. Oklahoma; Post-Conviction Relief; Section 14 of the Curtis Act)
• United States v. Peshlakai (Treaty Rights; Federal-Detainer Statute)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• Heather Lowy v. Mohegan Tribal Gaming Authority (Negligence)
• Colville Confederated Tribes v. Justine Jake (Bail Modification)
• Colville Confederated Tribes v. Melissa Louis-Williams (Tribal Court Bar Membership)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• Rancheria v. Martin (Tribal Leadership)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.2273 - Native American Child Protection Act / A bill to amend the Indian Child Protection and Family Violence Prevention Act.
• S.2285 - A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996.
• S.2354 - A bill to improve access to healthy foods, food processing, housing, forestry, agricultural research, and other agricultural programs, and Tribal self-determination relating to those programs, in the State of Alaska, and for other purposes.
• H.Res.589 - Calling on the Secretary of Education to work with stakeholders to immediately eliminate race-based Native logos, mascots, and names from State educational institutions, and calling on State educational institutions and national sports franchises to cease the unsanctioned use of such logos, mascots, and names.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Native American Employment and Training Council; Charter Renewal (Labor)
• Catastrophic Health Emergency Fund (HHS)
• Submission for Office of Management and Budget Review; Guidance for Tribal Temporary Assistance for Needy Families Program (HHS)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• Before "Mine!": Indigenous property rights for jagenagenon.
• Castro-Huerta: A new era of Indian law?
• The capitalization of "Tribal Nations" and the decolonization of citation, nomenclature, and terminology in the United States.
• Indian law resource guide.
• Indian law section: Q & A with Washington State Bar section chair Bree Black Horse.
• Justice unveiled.
• Riding the crest of the wave: A conversation with Tom Tremain about justice, Indian law, and tribal courts.
• Standing Rock Sioux Tribe: Why winning vacatur under NEPA may not be enough to limit damage to the environment.

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

This week, in brief:

• Tribes object. But a federal ruling approves construction of the largest lithium mine
• ‘Enough is enough’: Native Hawaiians slam Canada for supporting telescope on sacred land
• Oil and gas withdrawal around US park stirs debate over economic costs for Native American tribe
• Senators Ben Ray Luján, Susan Collins reintroduce legislation to protect Native American children
• Tribes mark 75 years of voting rights, but leaders say they remain vigilant
• Navajo president presses Congress for more time, money, for water project

Indian Law Bulletins Updated 07/14/2023

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

One Petition for certiorari was filed on 7/3/23:

• Bird Industries, Inc. v. Tribal Business Council of Three Affiliated Tribes of the Fort Berthold Indian Reservation (Tribal Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• In the Matter of the Dependency of: R.D. (Indian Child Welfare Act)
• Manuel Corralles, Jr., Plaintiff and Appellant, v. California Gambling Control Commission, et al., Defendants and Respondents. (Tribal Membership)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• H.R.4492 - To amend the Help America Vote Act of 2002 to require the District of Columbia to accept a current and valid photo identification of an individual which is issued by a Tribal Government for the purposes of registering to vote and voting in a District of Columbia election, and for other purposes.
• H.R.4524 - To amend the Indian Law Enforcement Reform Act to provide for advancements in public safety services to Indian communities, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Mining of the Osage Mineral Estate for Oil and Gas (Interior)
• Final National Oceanic and Atmospheric Administration Tribal Consultation Policy and Procedures (Commerce)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• The Army Corps needs an appendectomy: Diagnosing the Army Corps' unlawful promulgation and use of 33 C.F.R. Part 325, Appendix C, to comply with Section 106 of the National Historic Preservation Act.
• Federal Indian law as method.
• Indian embryos as "Indian children?"
• Native American gravesites: Shielding liminal spaces through expansion of historic preservation ordinances & zoning codes that designate cultural resources protection overlay districts & readapt cemetery dedication laws within their provisions.
• One buffalo in Texas: Legal and ethical issues in Native American gaming operations.
• Returning the land: Native Americans and national parks.
• The road to Brackeen: Defending ICWA 2013-2023.
• Serving (in)justice: The ills of a federal American Indian prosecutorial power.

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

This week, in brief:

• Digital initiative sets out to improve tribal and governmental relations
• American Indian policy innovator passes away at age 81
• Indigenous students fight tribal regalia bans
• Tracking efforts to pass state-level ICWA laws
• Maine governor vetoes proposal sought by tribes to ensure they benefit from federal laws
• Tenth Circuit Court upholds tribal sovereignty in Hooper v. Tulsa
• Justice Department launches Missing or Murdered Indigenous Persons Regional Outreach Program
• Civil rights committee finds Native voting rights impeded, finalizes recommendations
• Removing dams from the Klamath River is a step toward justice for Native Americans in Northern California