Indian Law Bulletins Updated 6/28/2023

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

One case was decided on 6/22/23:

• Arizona v. Navajo Nation (Breach of trust and water rights)

One petition for certiorari was denied on 6/26/23:

• Halvorson v. Hennepin County Children's Services Department (State court transfer of child custody proceeding to tribal court)

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

• Tsosie v. N.T.U.A. Wireless LLC, et al. (Tribal Immunity; Tribal Corporation)
• Salt v. Office of Navajo and Hopi Indian Relocation (Administrative Procedure Act; Navajo and Hopi Indian Land Settlement Act of 1974)
• Graham v. White (McGirt v. Oklahoma; Post-Conviction Relief; Due Process)
• Adams v. Baker and Mathew (Tribal Jurisdiction; Younger Abstention Doctrine)
• United States v. McGirt (Major Crimes Act; Treaty Rights)
• Steiner v. Kempster (§ 1983 Claim; Tribal Authority)

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

• In re Manuel C. (Indian Child Welfare Act)

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

• S.2088 - A bill to direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes.
• H.R.4356 - To amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.

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

• Notice To Announce Tribal Consultation for an All of Us Research Program Update and To Discuss the Program's Policies and Protections Around Data Access and Use Statement for Fiscal Year 2023 (HHS)
• Tribal Listening Sessions for Small Business Development Centers (Small Business Administration)

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

• Volume 22 of the Tribal Law Journal is dedicated to Native American Rights Fund Executive Director John Echohawk. Find all of the issue's articles in NILL's online catalog as well as listed on our 2023 Law Review & Bar Journal Articles page, including the article "'Subsistence is cultural survival': Examining the legal framework for the recognition and incorporation of traditional cultural landscapes within the National Historic Preservation Act" written by NARF attorney Wesley James Furlong.
• Are we atoning for our past or creating more problems: How COVID-19 legislative relief laws are shaping the identities of Indigenous populations in North America.
• “Aspirations”: The United States and Indigenous Peoples’ human rights.
• “Entitled to our land”: The settler colonial origins of the University of California.
• Fintech regulation in the Catawba Digital Economic Zone.
• Fracked regulation: How regulatory exemptions for fracking harm tribal waters.
• Some land back: The transfer of federal public lands to Indian tribes since 1970.
• Textualism and another broken promise: Retroactivity and McGirt v. Oklahoma.

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

This week, in brief:

• DOE announces $8M for Native programs, language in schools
• Maine Legislature votes to expand sovereignty for Native American tribes
• Oregon Senate votes to establish task force on tribal consultation
• Appeals court to hear challenges to lithium mine from environmentalists, tribes
• Restoring lost lands
• South Dakota needs specific child welfare laws for Native Americans, officials say
• Analyzing Justice Gorsuch's ICWA concurrence
• Nebraska Supreme Court acknowledges state courts' obligation to follow Indian Child Welfare Act
• Supreme Court ruling on bankruptcy code may have far-reaching implications for tribal business arrangements
• Supreme Court keeps the Navajo Nation waiting for water
• Supreme Court rejects Navajo Nation’s water rights trust claim

Indian Law Bulletins Updated 6/21/2023

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

Two cases were decided on 6/15/2023:

• Haaland v. Brackeen (Indian Child Welfare Act)
• Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin (Tribal sovereign immunity from suit under the Bankruptcy Code)

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

• Unkechaug Indian Nation v. New York State Department of Environmental Conservation (Treaty Fishing Rights)
• Bad River Band of Lake Superior Tribe of Chippewa Indians of Bad River Reservation v. Enbridge Energy Company, Inc. (Public Nuisance; Trespass on Indian Lands)
• Friends of Alaska National Wildlife Refuges v. Haaland (Land Exchange Agreement; Mootness)
• Buena Vista Rancheria of Me-Wuk Indians v. Pacific Coast Building Products, Inc. (Nuisance; Trespass; Ripeness)
• Wilson v. Oglala Sioux Tribe Election Commission (Tribal Sovereign Immunity)
• Bowman v. Pathfinder Solutions, LLC (Improper Removal; Fee Land; Cayuga Nation Police Department)
• Mound v. United States (Federal Tort Claims Act; Sovereign Immunity)
• United States v. Sampson (Sentencing Disparity)
• United States v. Archer (Conspiracy; Securities Fraud)

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

• Palmer v. Mohegan Tribal Gaming Authority (Negligence)
• Rude v. Orr (Modification of Parenting Plan)
• Shramek v. Mashantucket Pequot Gaming Enterprise (Dangerous Condition)
• Nambu v. Mashantucket Pequot Tribal Nation (Dram Shop Law)

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

• In re H.B. (Indian Child Welfare Act)
• In re Cal. E. (Indian Child Welfare Act)
• In the Matter of S. H. P., aka S. T., aka S. T., a Child (Indian Child Welfare Act)
• State ex rel. Delaware Tribe of Indians v. Nowicki-Eldridge (Indian Child Welfare Act)
• Seminole Tribe of Florida v. Manzini (Tribal Sovereign Immunity)
• The Miccosukee Tribe of Indians of Florida v. Lewis (Attorney's Fees)

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

• S.1889 - A bill 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.
• S.1898 - A bill to amend the Northwestern New Mexico Rural Water Projects Act to make improvements to that Act, and for other purposes.
• S.1941 - A bill to permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes.
• S.1987 - A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
• S.1998 - A bill to amend the Food Security Act of 1985 to include Indian Tribes in certain provisions relating to priority resource concerns.
• H.R.3976 - To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
• H.R.4155 - To provide for rental assistance for homeless or at-risk Indian veterans, and for other purposes.

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

• American Indian Probate Regulations; Corrections (Interior)
• Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Codification of Onshore Orders 1, 2, 6, and 7 (Interior)
• Alaska Native Claims Selections (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 constitutionality of VAWA 2022’s Special Tribal Criminal Jurisdiction and the native origins of restorative justice in combatting gender-based violence.
• Legislative constitutionalism and federal Indian law.
• Modernizing the Columbia River Treaty: Two proposals to elevate the ecosystem and to include tribes.
• Tribes, nations, states: Our three commerce powers.

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

This week, in brief:

• Boarding school legislation passes Senate Committee on Indian Affairs
• Enbridge ordered to end operations on tribal lands in Wisconsin
• 2 more tribes make historic co-management agreements with Oregon
• Indigenous farmers hope their knowledge of regenerative practices can influence others
• Criticism, praise directed at Chaco 10-mile buffer order issued by interior secretary
• The economic impact of SCOTUS upholding the Indian Child Welfare Act
• The Supreme Court upheld ICWA. Now what?
• The Supreme Court leaves Indian Child Welfare Act intact
• SCOTUS issues 8-1 ruling to strip tribal sovereign immunity from bankruptcy code
• Lawsuit that claims Native American vote was diluted by North Dakota lawmakers given to judge
• Fort Belknap tribal water settlement bill sees first-time bipartisan support
• A look at the water agreements the government is making with Native American tribes

Indian Law Bulletins Updated 06/07/2023

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

Two petitions for certiorari were filed:

• Conference of Presidents of Major Italian American Organizations v. City of Philadelphia (Injury in fact standing doctrine)
• Martin v. Sandoval County, New Mexico (Right to just compensation for private property taken for public use)

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

• In re North Dakota Legislative Assembly (Voting Rights Act; Legislative Privilege)
• In re Klamath Irrigation District (Water Rights; Writ of Mandamus)
• United States v. Fisher (Warrantless Search and Seizure)
• Richman and ex rel. C.R. v. Native Village of Selawik, et al. (Tribal Court Jurisdiction; Tribal Sovereignty)
• Brooks v. Branham (Monacan Indian Tribe; Intra-Tribal Disputes)
• Halverson v. Haaland (Partition and Conveyances; Estate Services)
• Jackson v. Blackfeet Enrollment Office (Tribal Sovereignty; Indian Civil Rights Act; Lack of Jurisdiction)
• Bibeau v. Commissioner of Internal Revenue (Treaty Rights; Indian Taxation)
• United States v. Michigan (Great Lakes Fisheries Management; Treaty Rights; Intervention)
• Oglala Sioux Tribe v. United States (Treaty Rights; Bad Men Clause; Tribal Law Enforcement Funding)

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

• Tohono O'odham Nation v. Frank (Indian Civil Rights Act; Probation Revocation)
• Williams v. The Tulalip Tribes (Probation Revocation)
• In re Anita (Probate; Homesite)
• Galanos v. Mohegan Tribal Gaming Authority (Mohegan Torts Code; Spoilation; Negligence)
• In re Miller (Probate; Ancillary Probate in County Court)
• Rayton and Palmer v. Colville Confederated Tribes, et al. (Employment Termination; Internal Review Board Hearing)

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

• Tuluksak Native Community v. Department of Health and Social Services (Indian Child Welfare Act; Mental Health Treatment; Lack of Standing)

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

• S.1780 - 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 authority of the Food Safety and Inspection Service, and for other purposes.
• S.1783 - A bill to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.

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

• Public Land Order No. 7923 for Public Lands Withdrawal Surrounding Chaco Culture National Historical Park Boundary; San Juan, Sandoval, and McKinley Counties, New Mexico (BLM)
• Notice of Purchased/Referred Care Delivery Area Redesignation for the Hoh Indian Tribe in the State of Washington (IHS)
• Receipt of Documented Petition for Federal Acknowledgment as an American Indian Tribe (Interior)
• Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023 Harvest Specifications for Pacific Whiting, and 2023 Pacific Whiting Tribal Allocation (Commerce)
• 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

• Burning questions: Changing legal narratives on cannabis in Indian Country.
• “The center cannot hold”: Nation and narration in American Indian law.
• Copyright management information (CMI) as a tool to protect indigenous cultural works.
• The impact of climate change on the cultural identity of Indigenous Peoples and the nation’s first “climate refugees”.
• Indigenous boarding schools in the United States and Canada: Potential issues and opportunities for redress as the United States government initiates formal investigation.
• Intersectional management: An analysis of cooperation and competition on American public lands.
• State ex rel. Matloff v. Wallace: Reversing course on subject matter jurisdiction.
• Surviving Castro-Huerta: The historical perseverance of the basic policy of Worcester v. Georgia protecting tribal autonomy, notwithstanding one Supreme Court opinion's errant narrative to the contrary.
• Two countries in crisis: Man camps and the nightmare of non-indigenous criminal jurisdiction in the United States and Canada.
• United States v. Cooley: A step towards tribal sovereignty.

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

This week, in brief:

• History made as first Navajo appointed U.S. federal judge in California
• Feds withdraw land around Chaco from drilling
• Utah’s latest attack on the Antiquities Act
• New laws back Indigenous students wearing tribal regalia at graduation
• US Army to return 5 Native ancestors to their descendants this fall
• Montana acts to protect Native American priority in adopting Native children