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