July 26, 2023

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

July 19, 2023

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 Luj├ín, 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

July 14, 2023

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