August 9, 2023

Indian Law Bulletins Updated 8/9/23

Federal Courts Bulletin

  • 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

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

State Courts Bulletin

  • 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

  • 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

  • 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)

  • 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

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