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