June 12, 2024

Indian Law Bulletins Updated 06/12/2024

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

One case was decided on 6/6/24:

  • 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/2024.html

  • Proctor v. United States (Federal Tort Claims Act (FTCA); Indian Self-Determination and Education Assistance Act (ISDEAA))
  • Caremark, LLC, et al. v. Choctaw Nation, et al. (Sovereign Immunity Waiver; Federal Arbitration Act (FAA))
  • Metlakatla Indian Community v. Dunleavy, et al. (Off-Reservation Fishing Rights)
  • Tohono O'odham Nation, et al. v. United States Department of Interior, et al. (Failure to State a Claim; Administrative Procedures Act (APA); Final Agency Action)
  • Townsend Ranch LLC, et al. v. United States (Federal Tort Claims Act (FTCA); Indian Self-Determination and Education Assistance Act (ISDEAA))

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Minerva v. Mohegan Tribal Gaming Authority (Mohegan Torts Code; Liability; Constructive Notice)

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

  • S.4471 - A bill to amend part B of title IV of the Social Security Act to support State implementation of Federal standards established under the Indian Child Welfare Act of 1978.
  • S.4505 - A bill to approve the settlement of water rights claims of Ohkay Owingeh in the Rio Chama Stream System, to restore the Bosque on Pueblo Land in the State of New Mexico, and for other purposes.
  • H.R.8621 - To amend part B of title IV of the Social Security Act to support State implementation of Federal standards established under the Indian Child Welfare Act of 1978.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Certification of Tribal Housing Counselors (HUD)
  • Notice of Availability of Draft Guidance on Designation of New Regional Ocean Partnerships (Commerce)
  • Public Transportation on Indian Reservations Program; Tribal Transit Program; Response to Comments (DOT)
  • Announcement of the President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders Meeting and Solicitation for Oral and Written Comments (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/currentlr.html

  • Ada Deer: Champion of social justice.
  • Be a good friend: Tips for effective amicus briefing.
  • Cultural loss in the context of Indian residential school litigation: Exploring the role of tort law as a tool for transformative reparations.
  • Education inequity for Mixtec students in California public schools: A human rights approach to educating Indigenous students not recognized by the U.S. government.
  • How Tribes respond to changing environments.
  • Indian law in Wisconsin: A primer.
  • Is ‘aina still sacred? How Hawaii’s unique environment creates controversies in property ownership in the aftermath of disaster.
  • Judge Jo Deen Lowe – a long line of strong women.
  • Kathryn Tierney argued landmark Tribal cases.
  • Menominee termination and restoration.
  • Restructuring American law schools: Peacemaking in first year curriculum. (featuring NARF attorney Brett Lee Shelton)
  • Saad eí data: Formalizing the Indigenous data sovereignty movement within the Navajo Nation legal system, a comparison to the Māori's data governance model.
  • The space between birthright and blood quantum.
  • Towards a more meaningful future: An Indian child welfare law for South Dakota.
  • Wisconsin's Tribal gaming compacts and their effects on sovereign immunity.

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

This week, in brief:

  • Judge dismisses Native American challenge to $10B SunZia energy transmission project in Arizona
  • U.S. Supreme Court sides with Tribal nations in dispute with the feds over health care costs
  • Lubbock leaders fight for Native inclusive curriculum in Texas
  • Community, healing and justice: Indigenous journalists share what reporting on repatriation meant to them
  • New assistant U.S. attorney speaks about work with Indigenous communities

June 5, 2024

Indian Law Bulletins Updated 6/5/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Old Bull v. United States (Federal Tort Claims Act; Indian Law Enforcement Reform Act)
  • Confederated Tribes and Bands of the Yakama Nation, et al. v. United States (Breach of Trust; National Indian Forest Resources Management Act)
  • Gila River Indian Community, et al. v. Becerra, et al. (Compact of Self Governance: Veteran Affairs Reimbursement)
  • Confederated Tribes of the Colville Reservation v. United States (Breach of Fiduciary Duties; National Indian Forest Resources Management Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • Lundeen v. Lake County (Access Rights; Negligent Misrepresentation)
  • Flying T Ranch Inc. v. Stillaguamish Tribe of Indians (Tribal Sovereign Immunity)
  • Matter of Welfare of Children of L.K. and A.S. (Indian Child Welfare Act)
  • Kanahele v. State (Hawaiian Homes Commission Act; Trust Breach)

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

  • S.4442 - Crow Tribe Water Rights Settlement Amendments Act of 2024 / A bill to amend the Crow Tribe Water Rights Settlement Act of 2010 to make improvements to that Act, and for other purposes.
  • S.4444 - Crow Revenue Act / A bill to take certain mineral interests into trust for the benefit of the Crow Tribe of Montana, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • Arizona v. Navajo Nation and the fight for natural resources in Indian Country.
  • Conservation co-governance as a cure: Investigating Aotearoa New Zealand's conservation co-governance model as a blueprint for restoring Navajo sovereignty in managing Canyon de Chelly.
  • Defer your deference: How courts should approach the intersection of the Indian canons of construction and Chevron deference.
  • Honoring Indigenous sovereignty and consent: Legal frameworks for addressing Indigenous displacement due to climate change.
  • Indian Country lawyers: A South Dakota survey.
  • Integrating Tribal law into the legal research and writing curriculum: Benefits, challenges, and strategies.
  • The Seminole Tribe’s legal battle for online sports betting rights in Florida.
  • The STOP Act must yield the right-of-way to grandma’s antique dream catcher: A call to congress.
  • Tribes and trilateral federalism: A study of criminal jurisdiction.
  • Truth. Regardless of reconciliation?
  • Who will speak for the trees? How the Save Our Sequoias Act underscores the urgent need to protect giant sequoias and the Tule River Indian Reservation from wildfire destruction.

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

This week, in brief:

  • World Intellectual Property Organization (“WIPO”) adopts treaty on genetic resources and associated traditional knowledge
  • 100 years after Native people became citizens, voting access is still fraught
  • EPA expands role of Tribal rights in setting water quality standards
  • Alaska’s Indigenous join hands with whale researchers as Arctic melts
  • ‘In the name of God’

May 29, 2024

Indian Law Bulletins Updated 05/29/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Natural Resources Defense Council v. Haaland (Tribal Consultation; Endangered Species Act)
  • Taccara Mesteth v. Jennifer Odegard (Indian Child Welfare Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • In re JCR II/JCR/JCR/JCR, Minors (Indian Child Welfare Act)

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

  • S.4423 - A bill to amend title 38, United States Code, to improve the provision of direct housing loans and medical care from the Department of Veterans Affairs for Native Hawaiians.
  • S.4424 - A bill to direct the Secretary of the Interior and the Secretary of Agriculture to encourage and expand the use of prescribed fire on land managed by the Department of the interior or the Forest Service, with an emphasis on units of the National Forest System in the western United States, to acknowledge and support the longstanding use of cultural burning by Tribes and Indigenous practitioners, and for other purposes.
  • H.R.8513 - To direct the Secretary of Agriculture to carry out a demonstration project to allow Tribal entities to purchase agricultural commodities under the commodity supplemental food program, and for other purposes.
  • H.R.8520 - To amend the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to implement the Climate Ready Tribes Initiative.
  • H.R.8557 - To direct the Secretary of the Interior and the Secretary of Agriculture to encourage and expand the use of prescribed fire on land managed by the Department of the Interior or the Forest Service, with an emphasis on units of the National Forest System in the western United States, to acknowledge and support the long-standing use of cultural burning by Tribes and Indigenous practitioners, and for other purposes.
  • H.R.8562 - To amend title 38, United States Code, to improve the provision of direct housing loans and medical care from the Department of Veterans Affairs for Native Hawaiians.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Tribal Consultation Meetings (HHS)
  • 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/currentlr.html

  • Co-stewardship in practice: Yellowstone bison.
  • Fantastic fungi and her fickle foes: Psychedelic use and western medicine's disparate impact on Indigenous communities.
  • Haaland v. Brackeen: The Indian Child Welfare Act, states' rights, and the survival of America's first peoples and nations.
  • Healing from Oklahoma v. Castro-Huerta: Looking to the future of Indian Country criminal jurisdiction through healing to wellness courts and Public Law 280.
  • Passing the buck: The perils of Oklahoma v. Castro-Huerta.
  • Public lands and Native Americans: A guide to current issues.
  • Rewriting precedent: An exploration of the negative impact on Native rights in the wake of Oklahoma v. Castro-Huerta.
  • Sovereignty over box checking: Effective Tribal consultation leading to consent.
  • Strange bedfellows: States, Tribes, and water rights. (by NARF attorney Ada Montague Stepleton)
  • When should Tribes be reimbursed for administrative costs associated with providing federally funded health services?

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

This week, in brief:

  • New boarding school database helps Native families find ancestors
  • Wyoming, Tribal impasse over hunting rights persists despite judicial order
  • Republican senator blocks the nomination of the first Native American to serve as federal judge in Montana
  • What’s the difference between Indigenous nations co-managing or co-stewarding their land? A lot.
  • Tribes say their future is at stake as they push for Congress to consider Colorado River settlement

May 22, 2024

Indian Law Bulletins Updated 5/22/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Stillaguamish Tribe of Indians v. State of Washington, et al. (Fishing Treaty Rights; Factual Findings)
  • United States v. Marquez (Major Crimes Act; Venue Clause)
  • Swinomish Indian Tribal Community v. BNSF Railway Company (Restitution; Trespass)
  • Graham v. White (McGirt v. Oklahoma; Writ of Habeas Corpus)
  • United States v. Smith (Federal Rule of Criminal Procedure 41(g); Evidence Possession; Tribal Prosecution)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Tohono O'odham Gaming Enterprise v. Tohono O'odham Gaming Office, et. al. (Tribal Sovereign Immunity; Hiring Preferences)
  • Tohono O'odham Nation v. Miles (Double Jeopardy)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • State of Washington v. Wallahee (Hunting and Fishing Rights)
  • Barnoskie v. Arkansas Department of Human Services (Indian Child Welfare Act)

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

  • S.4365 - A bill to provide public health veterinary services to Indian Tribes and Tribal organizations for rabies prevention, and for other purposes.
  • S.4370 - A bill to amend the Tribal Forest Protection Act of 2004 to improve that Act, and for other purposes.
  • H.R.8484 - To amend the Buy Indian Act to include the Secretary of Agriculture, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Extension of Public Interest, General Applicability Tribal Consultation Waiver of Build America, Buy America Provisions as Applied to Tribal Recipients of HUD Federal Financial Assistance (HUD)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • 6PPD-q, tires, and salmon, oh my: Policies and remedies for Tribes in the acute mortality of coho salmon in the Pugest Sound region.
  • The awareness of Missing and Murdered Indigenous Women and Girls (MMIWG): Policy steps toward addressing the crisis.
  • Breaking ground: Understanding Indigenous mining disputes through negotiation theory.
  • Decommodifying cultural heritage: A linguistic unpacking of "cultural property".
  • Digital allotment and vanishing Indians: IDSov and LLMs.
  • Energy sovereignty for Native American nations: The Model Tribal Energy Code.
  • Green colonialism: Sidelined while on the front lines.
  • How redistricting affects Native representation: The Turtle Mountain Band of Chippewa.
  • Locke's "wild Indian" in United States Supreme Court jurisprudence.
  • Participation in paradise? Indigenous participation and environmental decisionmaking in Hawai'i.
  • Resolving conflicts between Tribal and state regulatory authority over water.
  • (Un)vanishing the Tribe.

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

This week, in brief:

  • WA Supreme Court reverses century-old Yakama decision: ‘An injustice’
  • Native students protest exclusion of traditional song from Minnesota graduation ceremony
  • New clinic on a reservation in Oregon advances Tribal sovereignty
  • Final South Dakota Tribe bans governor
  • Healing from the dark period of religious and cultural persecution

May 15, 2024

Indian Law Bulletins Updated 05/15/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Apache Stronghold v. United States, et al. (Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA); Religious Freedom Restoration Act (RFRA))
  • Xia, et al. v. Harrah's Arizona Corporation (Tribal Sovereign Immunity; Race Discrimination)
  • Springer v. United States (Bankruptcy Discharge; McGirt v. Oklahoma; Taxation)

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

  • H.R.8318 - To amend the Internal Revenue Code of 1986 to treat Indian Tribal Governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.
  • H.R.8355 - To amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs.
  • H.R.8391 - To amend the Water Resources Development Act of 1986 with respect to cost sharing provisions for the territories and Indian Tribes, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Foster Care Legal Representation (HHS)
  • Missing or Murdered Indigenous Persons Awareness Day, 2024 (Office of the President)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • Anticommandeering and Indian Affairs legislation.
  • Feeding the good fire: Paths to facilitate Native-led fire management on federal lands.
  • The legal status of American Indians, South American Indians, and Alaska Natives under the canon law of the Catholic and Orthodox Churches as seen through papal bull, missions, Indian boarding schools, the Amazonian Synod, and Orthodox autocephaly.
  • Kānāwai from ahi: Revitalizing the Hawai‘i Water Code in the wake of the Maui wildfires.
  • Looted cultural objects.
  • Reno-Sparks Indian Colony v. Haaland.
  • Striking before the iron is hot: How Tribes in the East can assert their Winters rights to protect Tribal sovereignty & mitigate climate change.
  • Tribal representation and assimilative colonialism.
  • Two is not always better than one: Concurrent criminal jurisdiction in Indian Country and the withering of Tribal sovereignty following McGirt and Castro-Huerta.

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

This week, in brief:

  • Oak Flat copper mine lawsuit is headed to the Supreme Court after 9th Circuit ruling
  • Justice Department intervenes in Muscogee (Creek) Nation's lawsuit against Tulsa
  • North Dakota's 180-degree turn in redistricting case sparks outcry from MHA Nation
  • Proposed settlement is first step in securing Colorado River water for 3 Native American Tribes
  • Tips for wearing Native regalia at graduation

May 8, 2024

Indian Law Bulletins Updated 05/08/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • United States v. Smith (Criminal Jurisdiction; Indian Pueblo Land Act Amendments of 2005)
  • United States v. Murphy (McGirt v. Oklahoma; Due Process)
  • Jones, et al. v. United States (Treaty Rights; "Bad Men" Provision)
  • Reges v. Cauce, et al. (Public Employee Speech; Land Acknowledgment Statement)
  • AQuate II LLC v. Myers (Tribal Sovereign Immunity; Employment Agreement)
  • Hayes v. Haaland, et al. (Mineral Leases; Administrative Procedures Act (APA); National Environmental Policy Act (NEPA))
  • Navajo Nation, et al. v. United States (Trust Mismanagement; Indian Tucker Act; Navajo-Hopi Land Settlement Act of 1974)
  • NDN Collective, et al. v. Retsel Corporation, et al. (Discrimination; Counterclaims)
  • Kanam, et al. v. Haaland, et al. (Federal Recognition; Tribal Court Judgment)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • In re D.M. (Indian Child Welfare Act)
  • In the Matter of: J.O. (Indian Child Welfare Act)
  • H.A. v. Superior Court of San Joaquin County (Indian Child Welfare Act)
  • In re Peters/Brinton/Mathews, In re N. Brinton (Indian Child Welfare Act)
  • Confederated Tribes of the Warm Springs Reservation of Oregon v. Deschutes County (Fishing Rights)

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

  • S.4273 - A bill to amend the Older Americans Act of 1965 to enhance the longevity, dignity, empowerment, and respect of older individuals who are Native Americans, and for other purposes.
  • S.Res.674 - A resolution designating May 5, 2024, as the "National Day of Awareness for Missing and Murdered Native Women and Girls".
  • H.Con.Res.107 - Designating Northwest Coast Art as a rare and valuable national treasure.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Rate Adjustments for Indian Irrigation Projects (Interior)
  • Planning (USDA)
  • Asian American, Native Hawaiian, and Pacific Islander Heritage Month, 2024 (Office of the President)
  • Alaska Native Claims Selection (Interior)
  • Water Quality Standards Regulatory Revisions To Protect Tribal Reserved Rights (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/currentlr.html

  • Consequences of The Indian Gaming Regulatory Act on arbitrability: A comment on Seneca Nation of Indians v. New York.
  • Denezpi v. United States: Tribal self-determination, safety, and the necessary role of the dual-sovereignty doctrine.
  • The dependency taboo: Protecting human rights against the Tribal sovereignty claim.
  • The Indian Child Welfare Act, political classification of “Indians,” and preservation of Tribal sovereignty: Children, the most precious resource.
  • A note on Navajo Nation v. Urban Outfitters, Inc.
  • Oklahoma v. Castro-Huerta: Oklahoma’s latest power grab and its implications for Native women in a post-Roe world.
  • Removing the stain without undermining military awards: Revoking medals earned at Wounded Knee Creek in 1890.
  • The split from precedent: An analysis of the negative impact Oklahoma v. Castro-Huerta will have in Indian Country.
  • Status to be determined: Analyzing Indian status within the General Crimes Act in a post-Castro-Huerta landscape.
  • Unequal land: Towards full recognition of Indigenous people’s religious rights.
  • Unprincipled preemption: Why the Supreme Court was wrong in Oklahoma v. Castro-Huerta to abandon exclusive federal jurisdiction over crimes by non-Indians against Indians in Indian Country.

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

This week, in brief:

  • Tribes, National Congress of American Indians oppose Montana's TikTok ban on grounds of sovereignty
  • North Dakota changes course on Tribal redistricting case, asks US Supreme Court to rule
  • MMIW awareness: a day to remember centuries of Missing & Murdered Indigenous Women
  • The Boldt Decision and where the rule of law held
  • Undamming the Klamath

April 30, 2024

Indian Law Bulletins Updated 4/30/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Greene, et al. v. United States (McGirt v. Oklahoma; Treaty Damages)
  • Scott v. United States (McGirt v. Oklahoma; Treaty Damages)
  • Ute Indian Tribe of the Uintah & Ouray Indian Reservation v. United States (Water Rights; Breach of Trust)
  • Lower Brule Sioux Tribe v. Haaland, et al. (Self-Determination Contract)
  • Machin v. Choctaw Casino (Tribal Sovereign Immunity; Diversity Jurisdiction)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Muscogee (Creek) Nation v. Hopkins (Dismissal with Prejudice; Response Time)
  • Moulton v. Colville Tribal Federation Corporation (Summary Judgment)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • Ito v. Copper River Native Association (Sovereign Immunity)
  • Trujillo v. Foster (Sovereign Immunity)

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

  • H.Res.1177 - Expressing support for the designation of May 5, 2024, as the "National Day of Awareness for Missing and Murdered Indigenous Women and Girls".

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2024 Harvest Specifications for Pacific Whiting, and 2024 Pacific Whiting Tribal Allocation (Commerce)
  • Removal of Outdated Regulations (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/currentlr.html

  • Can we save our foodways? The Inflation Reduction Act, climate change, and food justice.
  • A case for Tribal co-management of federal public lands.
  • Conflict transformation and Hopi marriage.
  • A framework for managing disputes over intellectual property rights in traditional knowledge.
  • There is more to the story - you may think you know what is going on with circle peacemaking, but Alaska Natives have other ideas.
  • Underutilization and unworkability of the current NAGPRA civil penalties provision.

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

This week, in brief:

  • Eleven more students will go home from Carlisle
  • Biden nominates Salish & Kootenai Tribal attorney Danna Jackson for federal bench
  • Tribes who helped create new national monument near Grand Canyon want to help manage it
  • Native law group says graduates planning to wear Tribal regalia should review school policies
  • Alaska Tribal health consortiums are legally immune in many cases, state Supreme Court says

April 24, 2024

Indian Law Bulletins Updated 4/24/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Bessios v. Pueblo of Pojoaque, et al. (Federal Question; Indian Gaming Regulatory Act)
  • Cooper v. Forest County Potawatomi Hotel & Casino (Tribal Sovereign Immunity; Title VII of the Civil Rights Act of 1964)
  • Ransom v. GreatPlains Finance, LLC, et al. (Motion for Reconsideration; Full Tribal Management; Tribal Sovereign Immunity)
  • Puyallup Tribe of Indians v. Electron Hydro, LLC, et al. (Stay Pending Appeal; Public Interest)
  • Martin v. Gourneau, et al. (Federal Tort Claims Act (FTCA); Bivens Claim)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Brown v. Office of Director of Regulation (Gaming License; Conduct Posing a Threat)
  • Duong v. Mohegan Tribal Gaming Authority (Negligence)
  • Thornton v. Mashantucket Pequot Gaming Enterprise (Board of Review; Tribal Healing Time)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • In the Matter of: M.R., S.R., E.R., and N.R. (Indian Child Welfare Act)

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

  • S.4180 - A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to allow for brownfield revitalization funding eligibility for Alaska Native Tribes, and for other purposes.

Passed legislation:

  • Puyallup Tribe of Indians Land Into Trust Confirmation Act of 2023 / A bill to take certain land in the State of Washington into trust for the benefit of the Puyallup Tribe of the Puyallup Reservation, and for other purposes. - became Public Law No: 118-48 on 4/19/2024.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Minority Business Development Agency's Request for Public Comment and Notice of Tribal Consultation Meetings (Commerce)
  • 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/currentlr.html

  • Access or sovereignty.
  • Article IV and Indian Tribes.
  • A blueprint for restorative criminal justice in the United States: Three non-traditional systems coming together.
  • Equity for American Indian families.
  • The impossibility of settler colonialism and its influence on the Supreme Court.
  • No dice: Sports betting in California.
  • Preserving sacred ground: Valuing culture in compensation for Indigenous Peoples.
  • Relational river: Arizona v. Navajo Nation & the Colorado

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

This week, in brief:

  • Army seeks extension in lawsuit over return of Native childrens’ remains
  • Native American Rights Fund gets $100K for Tribal eco-stewardship legal support
  • Illinois now home to federally recognized Tribal nation in historic Department of Interior decision
  • At UN, Indigenous leaders fight for application of rights
  • Tribal advocates keep up legal pressure for fair political maps

April 17, 2024

Indian Law Bulletins Updated 4/17/2024

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

One petition for certiorari was denied on 4/15/2024:

  • No Casino In Plymouth v. National Indian Gaming Commission (Land trust acquisitions under the Indian Reorganization Act; Indian Gaming Regulatory Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Mashkikii-Boodawaaning (Medicine Fireplace) Inc. v. Chippewa Valley Agency, Ltd. (Race Discrimination; Section 1981; Peyote)
  • Conway v. Oyate Health Center (Tribal Sovereign Immunity)
  • Tohono O'odham Nation, et al. v. United States Department of Interior, et al. (Administrative Procedures Act (APA); National Historic Preservation Act (NHPA); Tribal Consultation)
  • Perez v. City of San Antonio (First Amendment Free Exercise Clause; Texas Religious Freedom Restoration Act (“TRFRA”))

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Lambert v. Fort Peck Tribes (Search and Seizure; Drug Residue)

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

  • H.R.7826 - Tribal Community Protection Act of 2024 / To amend the Omnibus Crime Control and Safe Streets Act of 1968 with respect to certain grants authorized for Edward Byrne Memorial Justice Assistance Grant Program.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Receipt of Documented Petition for Federal Acknowledgment as an American Indian Tribe (Interior)
  • Privacy Act of 1974; System of Records (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/currentlr.html

  • Adapting conservation governance under climate change: Lessons from Indian Country.
  • Preserving sacred sites and property law.
  • Progress and the taking of Indigenous land.
  • Protecting traditional knowledge and Indigenous Peoples' rights: The key to developing international environmental laws that promote harmonious relationships with nature.
  • Pursuing the exemption: The Makah's white whale.
  • Revising the Indian plenary power doctrine.
  • Tribal courts are courts of general jurisdiction.
  • Tribal health self-determination: The role of Tribal health systems in actualizing the highest attainable standard of health for American Indians and Alaska Natives.
  • Tribal trademark law.
  • The United States would be closer to fulfilling the trust responsibility if permanent supportive housing was a covered Medicaid benefit.

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

This week, in brief:

  • Army to send home 11 Native children from former Indian boarding school
  • Justice Department steps into Enbridge Line 5 dispute
  • Apache Stronghold appeals Oak Flat copper mine case to full 9th Circuit Appeals Court
  • Your guide to the 2024 UN Permanent Forum on Indigenous Issues
  • Indigenous Governance Traditions event connects democracy, sovereignty

April 10, 2024

Indian Law Bulletins Updated 4/10/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • David W. Thayer v. Laura Howard, Haleigh Bennett, Jeff Brown, Lesia Dipman, and Linda Kidd (Religious Land Use and Institutionalized Persons Act (RLUIPA))
  • Native American Guardian's Association v. Washington Commanders (Mascots and Native Representation)
  • Tamarisk Rd. Trust UDT v. Prieto (Federal Court Jurisdiction; Trust Allotment)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.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/currentlr.html

  • Bridging the gap: A systematic guide to Tribal code drafting.
  • By definition ignored?: Indigenous Peoples’ fishing rights in the WTO Fisheries Subsidies Agreement 2022.
  • Examining the implications of Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin: How are Tribal business enterprises impacted under the bankruptcy code?
  • Farm bill implications in Indian Country.
  • Fractionation or consolidation? The Land Buy-Back Program for Tribal Nations (2012-2022).
  • The greatest time to practice law in Indian Country.
  • The last true people’s court: Oklahoma’s Tribal courts as an access to justice.
  • The model Tribal energy code: Energy sovereignty for Native American nations.
  • Sustainable mining challenges: Alaska water permitting and the United States green energy transition.
  • The unfortunate path: The history leading to the Indian Child Welfare Act.

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

This week, in brief:

  • Navajo Nation moves Tribal election date to match earlier Arizona primary election date
  • Oklahoma court rules 'McGirt' does not apply in Osage Nation
  • Illinois could ban Native American school mascots
  • Mashpee Wampanoag Tribe celebrates legal victory over land in trust
  • Tlingit and Haida went to Denver to reclaim their cultural objects. They left empty-handed — and continue to fight.

April 3, 2024

Indian Law Bulletins Updated 4/3/2024

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

One petition for certiorari was denied on 4/1/2024:

  • Littlefield v. Department of the Interior (Land trust acquisitions under the Indian Reorganization Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Ute Indian Tribe of the Uintah and Ouray Reservation, et al. v. United States Department of Interior, et al. (Tribal Water Rights; Fiduciary Duties; Administrative Record)
  • Wild Fish Conservancy v. Washington Department of Fish & Wildlife (Attorneys' Fees and Costs; Intervening Parties)
  • Great American Life Insurance Company v. United States Department of the Interior (Indian Financing Act; Loan Guaranty, Insurance, and Interest Subsidy Program)
  • Pueblo of San Felipe v. Haaland, et al. (Quiet Title Act; Administrative Procedure Act)
  • Grand Portage Band of Lake Superior Chippewa v. United States Environmental Protection Agency, et al. (Treaty Water Rights; Clean Water Act; Administrative Procedure Act)
  • Grand Traverse Band of Ottawa and Chippewa Indians v. Blue Cross and Blue Shield of Michigan (Michigan Health Care False Claims Act (HCFCA))
  • Waukegan Potawatomi Casino, LLC v. City of Waukegan (Illinois Gambling Act; 42 U.S.C. § 1983)
  • United States, et al. v. The State of Alaska, et al. (Alaska National Interest Lands Conservation Act; Subsistence Fishing Rights)
  • Crow Tribe of Indians, et al. v. Repsis, et al. (Treaty Hunting Rights; Herrera v. Wyoming)
  • Biers v. Dentons US LLP, et al. (Federal Court Authority; Sanctions)
  • Johnson v. Town of Charlestown (State Constitutional Claims; Heck v. Humphrey; Tribal Political Dissident)
  • Brown, et al. v. Haaland, et al. (Tribal Court Proceedings; Exhaustion of Remedies)
  • United States v. McGirt (Federal Court Jurisdiction; Federal Rule of Civil Procedure 11)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Cherokee Nation v. Shriver (22 C.N.C.A. § 153; Absence Limitation)
  • Cherokee Nation v. Shriver (22 C.N.C.A. § 153; Absence Limitation)
  • Rodgers v. Cherokee Nation (Filing of Fees)
  • Jardine v. Mohegan Tribal Gaming Authority (Mohegan Torts Code; Negligence)
  • Bolden v. Mohegan Tribal Gaming Authority (Negligence)
  • Granata v. Mohegan Tribal Gaming Authority (Negligence; Affirmative Act Rule)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • Montana Democratic Party v. Jacobsen (Voting Rights)
  • Stitt v. Treat (Taxation)

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

  • H.R.7859 - To authorize the integration and administrative streamlining of Federal funding for Indian Tribes that have reservations, other Tribal lands, or ways of life at risk due to environmental impacts and natural disasters, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Strengthening the Section 184 Indian Housing Loan Guarantee Program; Correction (HUD)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • An old dilemma in deep seabed mining: Free, prior, and informed consent of Indigenous Peoples in areas beyond national jurisdiction.
  • Participation of Indigenous Peoples in decision making over deep-seabed mining.

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

This week, in brief:

  • In a major ruling, Montana Supreme Court strikes down 4 elections bills
  • Project seeks to gather Alaska environmental knowledge embedded in Indigenous languages
  • Wyoming can no longer use a 30-year-old case to prosecute Tribal hunters, judge finds
  • SCOTUS hears arguments about a case involving federal health funding for the Northern Arapaho Tribe
  • New online collection seeks to foster Native co-stewardship of public lands

March 27, 2024

Indian Law Bulletins Updated 3/27/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Johnson, et al. v. AGS CJ Corporation (Tribal Gaming; Tribal Lease Agreements)
  • United States v. Brady and Eastern Band of Cherokee Indians (Per Capita Distribution Garnishment)
  • Walton v. Uprova Credit LLC, et al. (Economic Development; Tribal Lending; Tribal Sovereign Immunity)
  • The Cherokee Nation et al. v. United States Department of the Interior et al. (Tribal Gaming; Certification of Parties; Question of State Law)
  • Kwate v. Reece Construction Company (Tribally Chartered Corporation; Tribal Sovereignty; State Wage Laws)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • Interest of R.H. (Indian Child Welfare Act)

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

  • S.4000 - A bill to reaffirm the applicability of the Indian Reorganization Act to the Lytton Rancheria of California, and for other purposes.
  • H.R.7541 - United Houma Recognition Act of 2024 / To extend Federal recognition to the United Houma Nation, and for other purposes.
  • H.R.7785 - To make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.
  • H.R.7805 - To amend the Immigration and Nationality Act with respect to the right of members of a federally recognized Indian Tribe in the United States and First Nations individuals in Canada to cross the borders of the United States and to be considered lawfully admitted for permanent residence.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Revised VA Tribal Consultation Policy and Directive 8603 (Veterans Affairs)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • The overlooked communities of forced displacement in the United States: Humanizing the relocation of Indigenous Tribes in the face of climate change.
  • A questionable categorization - tradmark's struggle to protect Tribal cultural property.

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

This week, in brief:

  • New NAGPRA rules: ‘We have an obligation to change’
  • Great Lakes Fishing Decree: a new era of commercial fishing
  • Covering the ‘complexity’ of federal Indian affairs
  • California Tribe becomes the first to manage land with National Park Service
  • Voting rights win in New Mexico: Navajo community gains equal opportunity at the polls

March 20, 2024

Indian Law Bulletins Updated 3/20/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Soto Palmer, et al. v. Hobbs, et al. (Voting Rights Act; Redistricting)
  • Fahy, et al. v. Minto Development Corporation, et al. (Economic Development; Tribal Lending; Tribal Sovereign Immunity)
  • Ramos v. San Diego American Health Center (Indian Self-Determination and Education Assistance Act; Federal Tort Claims Act; Data Breach)
  • Cordova v. Mendocino County Sheriff's Office (Public Law 280; Tribal Law Ordinances; Cannabis)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • South Point Energy Center LLC v. Arizona Department of Revenue (White Mountain Apache Tribe v. Bracker; Indian Taxation)
  • State of Montana v. Malinda Crazymule (Criminal Jurisdiction)

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

  • H.R.7663 - To amend title 40, United States Code, to include Indian Tribes among entities that may receive Federal surplus real property for certain purposes, and for other purposes.
  • H.R.7684 - Udall Foundation Reauthorization Act of 2024 / To reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and for other purposes.
  • S.Res.597 - A resolution recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Strengthening the Section 184 Indian Housing Loan Guarantee Program (HUD)
  • Request for Information: Office of Head Start Tribal Programs (HHS)
  • 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/currentlr.html

  • Comparative frameworks for a human rights-based approach to psychedelics.
  • Free exercise claims over Indigenous sacred sites: Justice long overdue.
  • The impact of the Inflation Reduction Act on energy justice and green energy development in Indian Country.
  • Remedying the insular cases: Providing Tribal sovereignty to unincorporated territories to ensure constitutional rights for all U.S. nationals and citizens.
  • Tribal water sovereignty: Authorizing Indian water marketing in the Colorado Basin.

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

This week, in brief:

  • Are we living up to our obligations to protect Native American rights and Tribal sovereignty? with John Echohawk [podcast]
  • New Department of Interior opinion promises to recognize expanded Tribal jurisdiction in Alaska
  • Organizations assist Native American voters as election year ramps up
  • New NAGPRA rules: A sea change in federal regulations
  • Indigenous student wins fight to wear eagle feather at Tennessee graduation

March 13, 2024

Indian Law Bulletins Updated 3/13/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Biers v. Dentons US LLP, et al. (Notice of Tribal Law)
  • Bear River Band of Rohnerville Rancheria, et al. v. California Department of Social Services, et al. (Standing; California Government Code section 11135; California Administrative Procedure Act)
  • Barrientos v. Walker (Indian Self-Determination and Education Assistance Act; Federal Tort Claims Act)
  • Corrales v. Dutschke, et al. (Compel Agency Action; Indian Self-Determination and Education Assistance Act)
  • United States v. Veneno (Sixth Amendment Right to Public Trial; Authority to Criminalize Conduct of Indians on Tribal Land)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Bissonnette v. Fort Peck Tribes (Right to Counsel)
  • Charles v. Swinomish Tribal Community (Due Process)
  • Fort Peck Tribes v. Jackson ("Indian status" Determination)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • Interest of A.P. (Indian Child Welfare Act)
  • State of Oklahoma v. Steven Leon Fuller (Criminal Jurisdiction)

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

  • S.3870 - Slip-on Tanks for Tribes Act of 2024 / A bill to amend the Infrastructure Investment and Jobs Act to expand eligibility for certain financial assistance for the acquisition of slip-on tanker units for wildland firefighting.
  • S.3906 - A bill to set aside USDA rural housing funding for Indian Tribes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Major Portion Prices and Due Date for Additional Royalty Payments on Gas Produced From Indian Lands in Designated Areas That Are Not Associated With an Index Zone (Interior)
  • Notice for Public Comment on Administration for Native Americans' Survey To Measure Native American Language Vitality (HHS)
  • Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments (Nuclear Regulatory Commission)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • Biopiracy: Using new laws and databases to protect Indigenous communities.
  • Hawaiian education in Hawaiʻi’s public schools: A path to reasonable access.
  • Health care law - obligation of Indian Health Services to fund the administration of Tribe run health care services has expanded - San Carlos Apache Tribe v. Becerra, 53 F.4th 1236 (9th cir. 2022).
  • Kala: Disentangling Kamehameha schools from the 2022 Federal Indian Boarding School Initiative Investigative Report while actualizing social healing through justice for its Kanaka Maoli students.
  • Narrowing from below: How lower courts can limit Castro-Huerta.
  • Reconciling Maoli interests in a haole forum: Limitations to the U.S. Department of the Interior’s consultation policy that undermine Native Hawaiian self-determination.
  • Tribal court jurisdiction and the exhausting nature of federal court interference.

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

This week, in brief:

  • Beyond acknowledgments, land grant universities make up some impressive ground
  • The future of the Bureau of Indian Affairs
  • Tribes and the feds will try to co-manage a national monument for the first time. Here’s what that could look like.
  • Oklahoma court recognizes Wyandotte Reservation, criminal jurisdiction
  • Unequal before the law: Native Americans serve astoundingly longer prison sentences — because they are Native.

March 6, 2024

Indian Law Bulletins Updated 3/6/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Mandan, Hidatsa & Arikara Nation v. U.S. Department of the Interior (Administrative Procedure Act; Tribal Sovereignty)
  • Whiteman v. Roundstone, et al. (Indian Civil Rights Act; Tribal Court)
  • United States v. Pemberton (McGirt v. Oklahoma; Indian Country)
  • Apache Stronghold v. United States, et al. (Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA); Religious Freedom Restoration Act (RFRA))
  • Eagle Bear, Inc. v. The Blackfeet Indian Nation, et al. (Surety Bond; Tribal Court Jurisdiction)
  • Lexington Insurance Company, et al. v. Smith, et al. (Tribal Court Jurisdiction)
  • Berry v. United States (Trust Land Acquisition; Fee to Trust)
  • Rosales, et al. v. The Roman Catholic Bishop of San Diego, et al. (Property Ownership; Tribal Sovereign Immunity; Indispensable Party)
  • Duncan v. County of Humboldt, et al. (Indian Child Welfare Act)
  • Mi Familia Vota, et al. v. Fontes, et al. (Civil Rights Act; National Voter Registration Act; Voting Rights Act)
  • Alturas Indian Rancheria v. Newsom, et al. (Indian Gaming Regulatory Act (IGRA); Good Faith Negotiation)
  • California v. Del Rosa (Tribal Sovereign Immunity; Civil Contempt)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Kinnart v. Morrow (Removal of Sitting Elected Officials)

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

  • S.3857 - A bill to take certain land in the State of California into trust for the benefit of the Jamul Indian Village of California, and for other purposes.
  • H.R.7500 - To amend the Defense Production Act of 1950 to allow an Indian Tribe to request CFIUS review of certain transactions between the Indian Tribe and foreign persons, and for other purposes.
  • H.R.7515 - To amend the Fair Credit Reporting Act to delay the inclusion in consumer credit reports and to establish requirements for debt collectors with respect to medical debt information of Native Americans due to inappropriate or delayed billing payments or reimbursements from the Indian Health Service, and for other purposes.
  • H.R.7516 - To amend the Indian Health Care Improvement Act to address liability for payment of charges or costs associated with provision of purchased/referred care services, and for other purposes.
  • S.Res.573 - A resolution commemorating the 50th anniversary of the Boldt decision of 1974.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • The civilization canon: Common law, legislation, and the case of Hawaiian adoption.
  • The consequences of mythology: Supreme Court decisionmaking in Indian Country.
  • Indians - sovereign immunity: The U.S. Supreme Court's interpretation of the Bankruptcy Code.
  • A look into NAGPRA: Application, issues, and the future.
  • Reclaiming the airwaves: An analysis of claims to wireless spectrum by Tribal nations based on treaty obligations and the federal trust responsibility.
  • Taking the land back: How to return stolen land to the Indigenous people of New York State through eminent domain.

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

This week, in brief:

  • US circuit court rules against preservation of Oak Flats sacred site
  • 30 Great Lakes Tribes urge the Biden administration to speak out against Enbridge Line 5
  • Landmark deal offers Upper Basin Tribes a long-awaited foothold in Colorado River discussions
  • Tribes from Alaska to Wisconsin will get millions of dollars for clean energy projects. Here’s how they’ll roll out
  • Chinook Indian Nation land claim settlement awarded, nation could be closer to federal recognition

February 28, 2024

Indian Law Bulletins Updated 2/28/24

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Red Lake Band of Chippewa Indians v. Department of Health and Human Services, et al. (Indian Self-Determination and Education Assistance Act (ISDEAA))
  • Mallard v. Howard and Rop (Religious Freedom Restoration Act; Religious Land Use and Institutionalized Persons Act (RLUIPA))
  • Bitsuie v. Office of Navajo and Hopi Indian Relocation (Navajo and Hopi Indian Land Settlement Act of 1974; Administrative Procedure Act)
  • United States v. Anderson (Criminal; Disqualification of Prosecutor)
  • Puyallup Tribe of Indians v. Electron Hydro, LLC, et al. (Ripeness)
  • Garren v. Dzurenda, et al. (Religious Land Use and Institutionalized Persons Act (RLUIPA))
  • The Sovereign Natchez Nation, et al. v. Riverside County Department of Social Services-Children Protective Services, et al. (Indian Child Welfare Act (ICWA); Federal Recognition)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Colorado River Indian Tribes v. Alliant Insurance Services, et al. (Motion to Dismiss Order Appealability)
  • Mazzetti, et al. v. Kolb, et al. (Enrollment; Tribal Sovereign Immunity; Exhaust Administrative Remedies)
  • Muscogee (Creek) Nation v. Drake (Withdraw Plea; Manifest Injustice)
  • Muscogee (Creek) Nation v. Wilson (Criminal Jurisdiction; Violence Against Women Act Reauthorization Act of 2022)
  • Campos v. The People of the Grand Traverse Band of Ottawa and Chippewa Indians (Ineffective Assistance of Counsel; Sentencing)
  • The People of the Grand Traverse Band of Ottawa and Chippewa Indians v. Gipson (Sentencing)
  • Perrault v. GTB Housing (Eviction)
  • O'Campo v. Twyman and Colorado River Indian Tribes (Eviction; Trust Land)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • In re Samantha F. (Indian Child Welfare Act)
  • In the Matter of the Dependency of: A.T. (Indian Child Welfare Act)

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

  • S.3802 - A bill to make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Statement of Findings: Choctaw Nation of Oklahoma and the Chickasaw Nation Water Rights Settlement (Interior)
  • Indian Child Welfare Act; Designated Tribal Agents for Service of Notice (Interior)
  • Submission for Office of Management and Budget Review; Tribal Child Support Enforcement Direct Funding Requests: (Office of Management and Budget #0970-0218) (HHS)
  • Proposed Information Collection Activity; Family Violence Prevention and Services Grants to States; Native American Tribes and Alaskan Native Villages; and State Domestic Violence Coalitions (Office of Management and Budget #0970-0280) (HHS)
  • Reservation Economic Summit (RES) Tribal Consultation Notice (HHS)
  • Subsistence Management Regulations for Public Lands in Alaska-Subpart B; Federal Subsistence Board Membership (Interior)
  • Adoption and Foster Care Analysis and Reporting System (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/currentlr.html

  • Getting the green light: Renewable energy as an internal Tribal matter.
  • Missing the mark: How legislative adjustments to the disparagement clause could promote the revocation of trademarks for professional sporting teams referencing Native American culture.
  • Separate, sovereign, and subjugated: Native citizenship and the 1790 Trade and Intercourse Act.
  • A tangled web of jurisdiction: Oklahoma v. Castro-Huerta and the future of justice on the reservation.

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

This week, in brief:

  • How Ute Tribes in Colorado resisted U.S. boarding schools
  • Northwest Tribes, Washington and Oregon sign Columbia River salmon agreement at the White House
  • Members, allies of Mohawk Nation protest land settlement talks in downtown Syracuse
  • Native American Tribes gain new authority to stop unwanted hydropower projects
  • South Dakota committee advances bill to enhance Native American voting rights

February 21, 2024

Indian Law Bulletins Updated 2/21/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Phillips v. James, et al. (Tribal Sovereign Immunity; Tribal Exhaustion Rule)
  • Puyallup Tribe of Indians v. Electron Hydro, LLC, et al. (Endangered Species Act)
  • Cully Corporation, Inc. v. North Slope Borough, et al. (Alaska Native Claims Settlement Act; Continuing Trespass)
  • Pakootas, et al. v. Teck Cominco Metals, Ltd. (CERCLA; Natural Resources Damages)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • Tiffany South v. Police Chief Isaac Lujan and Police Captain Will Duran (Jurisdiction)

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

  • S.Res.561 - A resolution designating February 16, 2024, as "National Elizabeth Peratrovich Day".

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Notice for Public Comment on Administration for Native Americans' Program Policies and Procedures (Health and Human Services)
  • Civil Penalties Inflation Adjustments (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/currentlr.html

  • Belonging and the right to belong.
  • Confronting legacies of Indigenous injustice: Lessons from Sweden.
  • Congressional trust responsibility and Tribal health care.
  • Indian Child Welfare Act: Upheld by U.S. Supreme Court and enacted into state law.
  • The law-of-nations origins of the Marshall Trilogy.
  • Nevada Legal Services’s Indian Law Project: Serving Nevada’s Tribal communities.
  • Nevada’s Tribal courts: Applicable laws, court rules, and contact information.
  • The never-ending struggle for Tribal fishing rights.
  • President’s message: An introduction to Nevada’s Tribes and the dynamics of Tribal law.
  • Sovereignty, jurisdiction, and lands matter.

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

This week, in brief:

  • Tribal courts can't prosecute non-Native drug suspects. Tribes say it's a problem
  • Federal energy regulators deny permits for a controversial project on the Navajo Nation
  • Increasing Tribal judicial transparency
  • Book review: The dramatic story behind a court decision, told 50 years after it transformed Tribal and fisheries law
  • WATCH: How one school is creating a culture of belonging for its Native American students

February 14, 2024

Indian Law Bulletins Updated 2/14/2024

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

Three petitions for certiorari were filed:

  • Littlefield v. Department of the Interior (Land trust acquisitions under the Indian Reorganization Act)
  • No Casino In Plymouth v. National Indian Gaming Commission (Land trust acquisitions under the Indian Reorganization Act; Indian Gaming Regulatory Act)
  • West Flagler Associates v. Haaland (Online sports betting under the Indian Gaming Regulatory Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • United States v. Sam (Garnishment; Per Capita Distributions)
  • In Re Aqueous Film-Forming Foams Products Liability Litigation (Class Settlement; Tribal Guidance)
  • Klamath Tribes v. United States Bureau of Reclamation, et al. (Water Rights; Endangered Species Act; National Environmental Policy Act)
  • Legend Lake Property Owners Association Inc. v. United States Department of the Interior (Lands Into Trust; Administrative Procedures Act)
  • Pakootas v. Teck Cominco Metals, Ltd. (Cultural Resources Damages)
  • CHR Solutions, Inc. v. Gila River Telecommunications, Inc. (Tribal Sovereign Immunity; Tribal Corporation)
  • United States v. Johnson (Criminal Jurisdiction; Tribal Court)
  • United States v. Thompson (Indian Country Determination; Criminal Jurisdiction)
  • Winnebago Tribe of Nebraska v. Thurston County, Nebraska (Voting Rights Act; Consent Decree)
  • United States v. Simpkins (Indian Country Crimes Act)
  • Spencer v. Saluskin (Tribal Court Jurisdiction; Tribal Sovereign Immunity)
  • California v. Azuma Corporation (Tribal Sovereign Immunity; Tribal Corporation)
  • United States v. Gila Valley Irrigation District (Intervention)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

  • Bherwani v. Mohegan Tribal Gaming Authority (Lack of Standing; Wrongful Death)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • Interest of C.J.B. (Indian Child Welfare Act)
  • Matter of Dependency of A.T. (Indian Child Welfare Act)

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

  • S.3789 and S.3790 - A bill to make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.
  • S.3797 - A bill to amend the Indian Health Care Improvement Act to address liability for payment of charges or costs associated with provision of purchased/referred care services, and for other purposes.
  • H.R.7102 - Native American Entrepreneurial Opportunity Act / To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
  • H.R.7227 - To establish the Truth and Healing Commission on Indian Boarding School Policies in the United States, and for other purposes.
  • H.R.7234 - To ensure that the National Advisory Council on Indian Education includes at least 1 member who is the president of a Tribal College or University and to require the Secretaries of Education and Interior to consider the National Advisory Council on Indian Education's reports in the preparation of budget materials.
  • H.R.7240 - Fort Belknap Indian Community Water Rights Settlement Act of 2024 / To achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana for the Fort Belknap Indian Community of the Fort Belknap Reservation of Montana, and for other purposes.
  • S.Res.544 - A resolution designating the week beginning February 5, 2024, as "National Tribal Colleges and Universities Week".
  • H.Res.981 - Recognizing the importance of Tribal colleges and universities to the United States and expressing support for designating the week beginning February 5, 2024, as "National Tribal Colleges and Universities Week".
  • H.Res.1010 - Supporting the designation of February 2024 as "Hawaiian Language Month" or "'Olelo Hawai'i Month".

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Older Americans Act: Grants to State and Community Programs on Aging; Grants to Indian Tribes and Native Hawaiian Grantees for Supportive, Nutrition, and Caregiver Services; Grants for Supportive and Nutritional Services to Older Hawaiian Natives; and Allotments for Vulnerable Elder Rights Protection Activities (HHS)
  • Elimination of the Tribal Non-Federal Share Requirement (HHS)
  • Implementing Rental Housing Assistance for the Native Hawaiian Housing Block Grant Program (HUD)
  • National Tribal Colleges and Universities Week, 2024 (Presidential Proclamation)
  • Proclaiming Certain Lands as Reservation for the Pascua Yaqui Tribe (Interior)
  • Request for Comments on a Draft of Updated National Register Bulletin: Identifying, Evaluating, and Documenting Traditional Cultural Places (Draft TCP Bulletin) (Interior)
  • Land Acquisitions; Pascua Yaqui Tribe, Eleven Parcels, Pima County, Arizona (Interior)
  • Submission for Community Development Block Grant Program, Consolidated Plans, and Indian Community Development Block Grant Program Changes (HUD)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • ABA's Human Rights Magazine January 2024: Native American and Alaska Native Rights and Issues, which includes the article "The future of Native American civil rights" by John Echohawk.
  • All homelands need Agua Caliente: Analyzing the impact of Arizona’s Gila III via the Hopi Tribe’s recommended decree.
  • Banishing federal overstep: Why protecting Tribal sovereignty justifies a narrow reading of the Indian Civil Rights Act.
  • Indigenous knowledge as evidence in federal rule-making.
  • Putting the public back in the public trust doctrine: A reinterpretation to advance Native Hawaiian water rights.
  • Seeding a movement: Indigenous food sovereignty.
  • Shielding Tribal nations: How a prejudicial narrative and harmful rhetoric culminated into challenges to ICWA and what may loom ahead.

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

This week, in brief:

  • Tribal nations often can’t access their own water. A new Colorado institute wants to help.
  • Ignoring Indigenous rights is making the green transition more expensive
  • Fifty years on, a case to uphold Indigenous rights resonates in the US
  • Nebraska Tribes and Native voters come out on top in redistricting lawsuit
  • Lincolnites and city reach settlement in Niskithe prayer camp land dispute

January 25, 2024

Indian Law Bulletins Updated 1/24/2024

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 January 10, 2024: https://sct.narf.org/updatememos/2024/1-10-2024.pdf

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Gardner, et al. v. Duncan (Indian Civil Rights Act; Exhaustion of Tribal Remedies)
  • Ransom v. GreatPlains Finance, LLC, et al. (Tribal Sovereign Immunity; Economic Development)
  • Shoshone-Bannock Tribes of the Fort Hall Reservation v. United States of America, et al. (Interlocutory Appeal; Quiet Title Act)
  • Yazzie v. National Organization for Women, et al. (Title VII; Racial Discrimination; 42 U.S.C. § 1981)
  • Jane Doe v. Tremaine Aldon Neverson et al. (Tribal Statute of Limitations; Choice of Law)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • In re Interest of Cameron L. and David L. (Indian Child Welfare Act)

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

  • S.3617 - A bill to provide equitable treatment for the people of the Village Corporation established for the Native Village of Saxman, Alaska, and for other purposes.
  • H.R.7022 - To provide equitable treatment for the people of the Village Corporation established for the Native Village of Saxman, Alaska, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • E PULE KĀKOU! (LET US PRAY!): Constitutionality and practicability of public school sponsored Native Hawaiian prayers.
  • Eagle permits, RFRA, and American Indian religious freedom: Legal avenues for First Amendment protection.
  • Revitalizing stewardship and use of Tribal traditional territories: Options for improving California policy and law in state-managed lands and waters.
  • The sovereignty problem in federal Indian law.
  • The Supreme Court’s decision in Arizona v. Navajo Nation: A tale of scarce water and treaty rights in the Southwest.
  • The United Nations Declaration on the Rights of Indigenous Peoples in defense of the Indian Child Welfare Act.

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

This week, in brief:

  • Tribe sues to force U.S. Army to hand over remains of 2 children
  • Biden protected the lands surrounding the Grand Canyon. Uranium mining is happening there anyway.
  • Field Museum, others cover Native American displays to comply with new regulations
  • United Nations experts gather at CU Boulder to discuss Indigenous communities and their role in the ‘greening’ economy
  • Native American voters overcome barriers in fight for voting access

January 17, 2024

Indian Law Bulletins Updated 1/17/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • Johnson v. Shinn, et al. (First Amendment; Religious Land Use and Institutionalized Persons Act; Security Threat Group)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • Jeremiah Sipp v. Buffalo Thunder, Inc. (Indian Gaming Regulatory Act; Tribal Jurisdiction)
  • In re P.H. (Indian Child Welfare Act)
  • In re Ricardo T. (Indian Child Welfare Act)

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

  • H.R.6949 - Native American Housing Assistance and Self-Determination Reauthorization Act of 2024 / To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • Second-class administrative law.
  • Tribes and water in the wake of Navajo Nation and Sackett: Treaties, Winters, Montana, and rights of nature.
  • WIPO negotiations on intellectual property, genetic resources and associated traditional knowledge.

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

This week, in brief:

  • Lawmakers will again push for more Tribal control over how Indigenous children are educated
  • No turning back: The largest dam removal in U.S. history begins
  • A legal historian’s book captures the continuing impacts of the Boldt Decision
  • State Supreme Court finds Tribes have jurisdiction over casino personal injury cases
  • Senators introduce bipartisan legislation to advance Tribal parity in federal law

January 10, 2024

Indian Law Bulletins Updated 1/10/2024

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

Three petitions for certiorari were denied on 1/8/24:

  • Alaska v. USA (Breach of contract; Administrative Procedure Act; Takings)
  • Klamath Irrigation District v. United States Bureau of Reclamation (Prior exclusive jurisdiction doctrine)
  • Tingle v. Florida Dept. of Health (Due process and equal protection under U.S. and Florida Constitutions)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

  • The Church of the Celestial Heart, et al. v. Garland, et al. (Religious Freedom Restoration Act; Ayahuasca)
  • Eagle Bear, Inc. v. The Blackfeet Indian Nation, et al. (Business Leasing; Tribal Trust Land)
  • Lamkin v. Hutchinson, et al. (Tribal Sovereign Immunity for Tribal Employees)
  • NDN Collective, et al. v. Retsel Corporation, et al. (Discrimination; Class Action; Added Parties)
  • United States v. Good Left (Tribal Courts; Domestic Violence; Sentencing Discretion)
  • United States v. Osage Wind, LLC (Trespass; Conversion)
  • Thlopthlocco Tribal Town v. Wiley (Tribal Court Jurisdiction; Tribal Sovereign Immunity)
  • United States v. Gastelum (Ineffective Assistance of Counsel; Double Jeopardy)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

  • Hopi Tribe v. Arizona Corporation Commission (Ripeness; Lack of Jurisdiction)
  • In re L.B. (Indian Child Welfare Act)
  • Seminole Tribe of Florida v. Pupo (Tribal Sovereign Immunity)
  • State ex rel. Children, Youth & Families Department v. Eric E. (Indian Child Welfare Act)

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

  • S.3564 - A bill to amend title 40, United States Code, to include Indian Tribes among entities that may receive Federal surplus real property for certain purposes, and for other purposes.
  • H.R.6859 - Gabrielino/Tongva Nation Recognition Act of 2023 / To extend the Federal recognition to the Gabrielino/Tongva Nation, and for other purposes.

Passed legislation:

  • Grand Ronde Reservation Act Amendment of 2023 / To amend the Grand Ronde Reservation Act, and for other purposes. - became Public Law No: 118-32 on 12/26/2023.
  • To amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians, and for other purposes. - became Public Law No: 118-33 on 12/26/2023.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

  • Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs (Interior)
  • Removal of Outdated Regulations (HHS)
  • Radio Broadcasting Services; Lac Du Flambeau, Wisconsin (FCC)
  • Revised Final Tribal Consultation Policy (Labor)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/currentlr.html

  • Aia i waiʻoli ke aloha ʻaina: Re-centering ʻaina and Indigenous knowledge for restorative environmental justice.
  • Alaska's contaminated lands are an environmental injustice.
  • Case law on American Indians: October 2022-August 2023.
  • A new Cobell: The needs of a continued buy-back program.
  • A new entry into the anticanon of Indian law: Oklahoma v. Castro-Huerta and the actual state of things.
  • Reclaiming sacred homelands: Asserting treaty rights and the path towards restoration of the Badger-Two Medicine.
  • Rights of nature and Tribal sovereignty: Protecting natural communities, wild rice, and salmon in the United States.
  • Seeking higher ground: Developing a Tribal model code for disaster and emergency management in a complex jurisdictional environment.

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

This week, in brief:

  • Tribally-led bison, grassland restoration efforts get $1.5 million
  • Bristol Bay fishermen celebrate Supreme Court decision to reject Alaska v. EPA
  • Judge orders removal of wind farm opposed by Osage
  • Judge orders new North Dakota legislative district for 2 Native American Tribes
  • South Dakota city asks Oglala Sioux Tribe to waive sovereign immunity to fulfill records request