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