Indian Law Bulletins Updated 09/18/2024

U.S. Supreme Court Bulletin
https://sct.narf.org/termindexes/october2024.html

Beginning with the October 2024 Supreme Court term, the Indian Law Bulletins will link to the Tribal Supreme Court Project website for cert granted, pending, and denied cases. When a case is decided, the opinion will be posted on the Indian Law Bulletins page.

One petition for certiorari was filed on 9/11/24:

• Apache Stronghold v. United States (24-291)

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

• Hendrix v. Bridges (McGirt v. Oklahoma; Writ of Habeas Corpus)
• Newberg, et al. v. Wellpath Recovery Solutions, et al. (Free Exercise Clause; Religious Land Use and Institutionalized Persons Act (RLUIPA))
• Lexington Insurance Company, et al. v. Smith, et al. (Tribal Court Jurisdiction; En Banc Petition)

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

• City of Sammamish v. Titcomb (Resource Management; Fishing Rights)

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

• S.5001 - Sáttítla National Monument Establishment Act / A bill to establish the Sattitla National Monument in the State of California, and for other purposes.
• H.R.9630 - To extend Federal recognition to the Cheroenhaka (Nottoway) Indian Tribe of Virginia, and for other purposes.

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

• Establishing a 5G Fund for Rural America (FCC)
• Tribal General Welfare Benefits (Treasury)
• Alliance for Tribal Clean Energy; Notice of Petition for Rulemaking and Intent To Hold Tribal Consultation Meetings (Energy)

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

• Post-terrestrial Indian gaming.

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

This week, in brief:

• Apache Stronghold takes its case against Oak Flat copper mine to the Supreme Court
• Tribes file lawsuit to delay Southern Oregon floating offshore wind auction
• Hualapai Tribe seeks federal protection for sacred spring
• Trust issues: how schools, hospitals, and prisons in 15 states profit from land and resources on 79 Tribal Nations
• How Arizona tackles a language barrier to provide Navajo voters a ballot they can listen to

Indian Law Bulletins Updated 9/11/2024

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

• Wilson v. Bridges (McGirt v. Oklahoma; Cherokee Freedmen)
• State of California v. Azuma Corporation, et al. (Prevent All Cigarette Trafficking Act (PACT Act); Tribal Sovereign Immunity)
• Hannah v. KOMAN Holdings, LLC, et al. (Alaska Native Corporation; Americans with Disabilities Act (ADA))

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

• In the Matter of S.A. (Appellate Jurisdiction)
• Menz v. Fort Peck Tribes (Acceptance of Guilty Plea)
• In the Interest of K. E. (Tribal Court Comity; Child Custody)
• Wilsey v. Syringa Prop. Mgmt. (Appellate Jurisdiction; Eviction)
• In the Matter of L.K.L.S. (Judicial Custody Petition; Child Custody)
• In the Matter of B.J. (Tribal Court Jurisdiction; Child Custody)
• Louis v. Mohegan Tribal Gaming Authority (Premises Liability; Burden of Proof)

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

• State ex rel. Oklahoma Bar Association v. Jordan (Jurisdiction, Professional Misconduct)
• Rosalind M. v. State of Alaska (Indian Child Welfare Act)

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

• S.4998 - A bill to approve the settlement of water rights claims of the Navajo Nation in the Rio San Jose Stream System in the State of New Mexico, and for other purposes.

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

• Announcement of the President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders Meeting and Solicitation for Oral and Written Comments Regarding Activities To Support the Advancement of Equity, Justice, and Opportunity for Asian American, Native Hawaiian, and Pacific Islander Communities (HHS)
• Alaska Native Claims Selection (Interior)
• Tribal Consultation for HUBZone Program Updates and Clarifications and Potential Reforms (U.S. Small Business Administration)
• Land Acquisitions; Jamul Indian Village of California (Interior)
• Land Acquisitions; Jamul Indian Village of California (Interior)
• Land Acquisitions; Mesa Grande Band of Diegueno Mission Indians of the Mesa Grande Reservation, California (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

• Desettling fixation.
• Minority Indigenous language rights law: A comparative study.
• What are the odds? A comment on the Seminole Tribe of Florida's ability to hold exclusive gaming rights in Florida.

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

This week, in brief:

• Army begins disinterment and return of remains for 11 Native children who died at Carlisle Indian boarding school
• Enbridge agrees to redo key permit for Line 5 tunnel project
• Despite federal dams, Columbia and Snake River Tribes fight to keep fishing traditions alive
• Muscogee Nation pushes back against standard Oklahoma tribal boundary signs
• How is North Carolina getting a marijuana dispensary? Tribal sovereignty

Indian Law Bulletins Updated 9/4/2024

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

• Erwine v. United States, et al. (Stay Discovery; Tribal Sovereign Immunity; Tribal Employees)
• LaBatte v. Gangle, et al. (Tribal Criminal Jurisdiction; Indian Civil Rights Act (ICRA))
• Perez v. City of San Antonio (Free Exercise Clause; Texas Religious Freedom Restoration Act (TRFRA); Texas Constitution)
• United States, et al. v. State of Washington, et al. (Subproceeding; Stillaguamish Tribe; Treaty Fishing Rights)
• Great American Life Insurance Company v. Secretary, United States Department of the Interior (Transfer of Venue; Loan Guaranty, Insurance, and Interest Subsidy Program)

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

• In Re: Guardianship of J.A.A., JR. and S.A. (Indian Child Welfare; Tribal Code)
• Tarabochia and Tarabochia v. Quinault Indian Nation, et al. (Interlocutory Appeal)

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

• Anton K. v. State of Alaska (Indian Child Welfare Act)
• In re Dependency of A.H. (Indian Child Welfare Act)
• Barkus v. State (McGirt v. Oklahoma; Tribal Membership)
• Fort Klamath Critical Habitat Landowners, Inc. v. Woodcock (Water Rights)

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

• Submission for Office of Management and Budget Review; Tribal Maternal, Infant, and Early Childhood Home Visiting Program: Guidance for Submitting an Annual Report to the Secretary (Office of Management and Budget#: 0970-0409) (HHS)
• Catastrophic Health Emergency Fund (HHS)
• Public Land Order No. 7947; Rescission of Public Land Order Nos. 7899, 7900, 7901, 7902, and 7903; Alaska (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

• Dissenting opinion?
• Environmental justice is a civil rights issue.
• Introduction to Johnson v. M'Intosh.
• Nakomidizo: An Anishinaabe law response to two-hundred years of Johnson v. M’Intosh and the doctrines of discovery and implicit divesture.
• Rebalancing Winters: Indigenous water rights and climate change in the Western United States.
• Stephen C. v. Bureau of Indian Education: Reinvigorating the federal right to education for Indian children.
• Understanding recent changes to the Bureau of Indian Affairs fee-to-trust regulations.

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

This week, in brief:

• Obscure government agency at center of Carlisle repatriation dispute
• California Senate passes Tribal Nations Access to Justice Act
• Navajo Nation strengthens tribal law on radiation transport on lands
• SCOTUS ruling on citizenship proof for new voters has an outsized impact for Native voters
• What tribal leaders think about Interior’s dams report

Indian Law Bulletins Updated 8/28/2024

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

• Hualapai Indian Tribe v. Haaland, et al. (Historic Properties; Water Rights; Preliminary Injunction)
• NDN Collective, et al. v. Retsel Corporation, et al. (Native American Organization)
• Winnebago Tribe of Nebraska v. Department of Army, et al. (Native American Graves Protection and Repatriation Act (NAGPRA); Carlisle Indian School)
• Danderson v. Page, et al. (Habeas Corpus; Tribal Court; Exhaustion of Tribal Court Remedies)
• United States v. King (Major Crimes Act; Tribal Court)
• Augustine Band of Cahuilla Indians v. California, et al. (Indian Gaming Regulatory Act (IGRA); Good Faith Negotiation)

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

• Leahy v. Mohegan Tribal Gaming Authority (Defective Condition; Actual Notice)
• Campos, et al. v. Eastern Band of Cherokee Indians, et al. (Tribal Sovereign Immunity; Cherokee Code)
• Wilson v. Harris (Landlord/Tenant; Eviction)
• Wright, et al. v. Nottawaseppi Huron Band of the Potawatomi, et al. (Judicial Recusal; Premature Motion)

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

• In the Matter of the Guardianship of: A.K. (Indian Child Welfare Act)
• Irwin v. State (Jurisdiction)
• Torgerson v. Torgerson (Civil Jurisdiction; Jurisdiction Over Non-members)

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

• Privacy Act of 1974; System of Records (Interior)
• Proclaiming Certain Lands as Reservation for the Bay Mills Indian Community of Michigan (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

• The effect of historical tribal policy and property rights on environmental regulation.
• Finally! WIPO treaty on disclosure of origin or source of genetic resources & associated traditional knowledge in patent applications.
• Is there a tribal right to sports betting? The Southern Ute Indian Tribe says yes.
• On Becerra v. San Carlos Apache Tribe.
• Preempting colonialism: The constitutional & structural dimensions of federal Indian law preemption.

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

This week, in brief:

• Judge blocks Arizona lithium drilling that Tribe says is threat to sacred lands
• Alaska appeals federal court ruling that was a step toward new ‘Indian Country’ here
• Potawatomi Tribe becomes first in Wisconsin to win self-governance in transportation needs
• Secrecy and data issues impede progress on Missing and Murdered Indigenous People
• Several Mountain West states now allow Tribes to register eligible voters automatically

Indian Law Bulletins Updated 8/21/2024

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

• NDN Collective, et al. v. Retsel Corporation, et al. (Summary Judgment; Discrimination; Class Action)
• Hinton v. Cherokee Nation, et al. (Cherokee Freedmen; Tribal Sovereign Immunity)
• Cheyenne River Sioux Tribe v. United States (Breach of Trust; Fort Laramie Treaty)
• Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan (Tribal Contract Health; Discovery)

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

• Eastern Band of Cherokee Indians v. Johnson (Tribal Criminal Jurisdiction)

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

• In re Dezi C. (Indian Child Welfare Act)
• In re Kenneth D. (Indian Child Welfare Act)

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

• H.R.9371 - To take certain lands in the State of Washington into trust for the benefit of the Quinault Indian Nation, and for other purposes.
• H.R.9372 - To take certain Federal land in the State of Washington into trust for the Lower Elwha Klallam Tribe, 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

• Ballot collection and Native American voters: An assessment of benefits and costs.
• Battle in the digital sphere: The repatriation of digitized Native American cultural properties.
• Beyond #landback: The Osage Nation's strategic relations.
• Dual taxation.
• Haaland v. Brackeen — A window into presenting tribal cases to the court.
• Haaland v. Brackeen and Mancari: On history, taking children, and the right-wing assault on Indigenous sovereignty.
• Interrogating Haaland v. Brackeen: Family regulation, constitutional power, and tribal resilience: The Connecticut Law Review symposium.
• Nondelegation and Native Nations.
• The original meaning of commerce in the Indian Commerce Clause.
• The statutory influence of tribal lay advocates.

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

This week, in brief:

• Tribe and environmental groups urge Wisconsin officials to rule against relocating pipeline
• Three CT Tribes rejected by the U.S. Bureau of Indian Affairs 20 years ago could get recognized
• Drawing on her past, a Hopi adoptee champions the rights of Indigenous families
• Hualapai Tribe sues feds over lithium mining project near sacred spring
• Prairie Band Potawatomi Nation asks federal court to resolve jurisdiction dispute with sheriff

Indian Law Bulletins Updated 08/14/2024

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

• Garrett v. Sycuan Casino (Tribal Sovereign Immunity)
• California Valley Miwok Tribe, et al. v. Haaland, et al. (Federal Recognition; Tribal Membership)
• Unite Here v. Wilton Rancheria (Labor Relations; Arbitration; Ripeness)
• Economic Development Authority of the Fort Sill Chiricahua Warm Springs Apache Tribe v. The Business Committee of the Fort Sill Chiricahua Warm Springs Apache Tribe, et al. (Temporary Restraining Order; Indian Gaming Regulatory Act; Tribal Law)

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

• In re N.J. (Indian Child Welfare Act)
• State in Interest of K.B. (Indian Child Welfare Act)

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

• Tribe or Tribal Organization Sponsor Option for Watershed Projects (Agriculture)
• Notice of Reestablishment of the Charter of the Task Force on Research on Violence Against American Indian and Alaska Native Women (Justice)
• Rate Adjustments for Indian Irrigation Projects (Interior)
• Announcement of the Delegation of Partial Administrative Authority for the Southern Ute Indian Reservation to the Southern Ute Indian Tribe for Implementation of the Clean Air Act Federal Minor New Source Review Program in Indian Country and the Indian Country Minor Source Oil and Gas Federal Implementation Plan (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

• Equity along the Yellowstone.
• Native Nations' autonomy in the modern era.
• New York tribal courts of civil jurisdiction in divorce and family law matters.
• Ombuds programs: how alternative dispute resolution improves the lives of Native long-term care residents.
• Poking a sleeping bear: Cultural landscapes in the 1906 Antiquities Act.
• Quantifying Winters rights.
• Sovereignty and dependence in the American empire: Native Nations, territories, and overseas colonies.
• Trust the process: Interior promises final rule will streamline tribal trust land acquisitions.

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

This week, in brief:

• Proposed changes to Indigenous education standards available for public comment
• Tribe sues interior department over approval of Arizona lithium project
• National Park Service awards $3 million to aid return of Native American remains, sacred objects
• Mississippi returns Indigenous remains, artifacts to Chickasaws
• New electronic evidence bill could help tribal courts bring justice to MMIP crisis

Indian Law Bulletins Updated 8/7/2024

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

• HCI Distribution, Inc. v. Peterson, et al. (Indian Commerce Clause; Tobacco Product Regulations; Taxation)
• Wright v. Pyramid Lake Paiute Tribe Human Services (Writ of Habeas Corpus; Child Custody; Tribal Exhaustion)

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

• Center for Biological Diversity et al. v. County of San Benito, Henry Ruhnke et al., Amah Mutsun Tribal Band (California Environmental Quality Act; Cultural Resources/Property)

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

• S.4869 - A bill to amend the Indian Health Care Improvement Act to modify the notification requirement for emergency contract health services for certain beneficiaries, and for other purposes.
• S.4886 - A bill to amend the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act to modify the program for Native Hawaiian and Alaska Native culture and arts development, and for other purposes.
• S.4950 - A bill to amend the Workforce Innovation and Opportunity Act regarding Native American programs.
• H.R.9271 - To amend title XVIII of the Social Security Act to make permanent certain telehealth flexibilities under the Medicare program for telehealth services furnished by Indian health programs.
• H.R.9310 - To amend title 18, United States Code, to provide Tribal courts and law enforcement with more tools to combat the opioid epidemic.

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

• Alaska Native Claims Selection (Interior)
• Temporary Closure and Restriction Orders (Interior)
• 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

• Arizona doubles down on dual taxation.
• Indigenous knowledge as federal policy.
• Landback and the case for land restitution: How the South African Land Claims Court and Restitution Programme can inform the return of Indigenous land in the United States.
• New threats to sacred sites and religious property.
• Revisiting American Indian treaty rights in Arizona.
• Students for Fair Admissions and Indian college admissions.
• Three statutes Tribes can consider adopting to promote economic development and exercise sovereignty.
• Tribal co-management in the Biden Administration: Affirming a commitment to honor tribal voices on ceded lands.

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

This week, in brief:

• Extension to file claim: Important information on sexual abuse claims re: Franciscan Friars of California
• Indigenous geography could change how we relate to the Earth
• First Indigenous female U.S. governor will take power if Harris wins
• National monument proposed at site of 3 Native American massacres in Nevada
• Uranium trucking to Utah across the Navajo Nation halts under deal brokered by Arizona governor

Indian Law Bulletins Updated 7/31/2024

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 July 19, 2024: https://sct.narf.org/updatememos/2024/7-19-24.pdf

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

• Roybal v. Schnell (Religious Freedom)
• United States of America v. Joey Anthony Andy (Criminal Jurisdiction)
• L. B. v. United States of America, et al. (Summary Judgment; Scope of Authority; Judicial Reassignment)
• United States v. Wood (Major Crimes Act; Indian Status; Authenticity of Record)
• United States v. Holt (Tribal Search Warrant; Probable Cause; Good Faith Exception)
• Narragansett Indian Tribe v. Bhatt (National Historic Preservation Act (NHPA); Administrative Procedure Act (APA); Programmatic Agreement)
• Bibeau v. Commissioner of Internal Revenue (Taxation; Treaty Rights; Self-Employment Income)
• Protect The Peninsula's Future, et al. v. Haaland, et al. (Refuge Act; Administrative Procedure Act (APA); Tribal Economic Development)

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

• S.4842 - A bill to amend the Stored Communications Act to include Tribal courts as courts of competent jurisdiction.
• H.R.9121 - To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to allow Indian Tribal Governments to directly request fire management assistance declarations and grants, and for other purposes.

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

• Organization, Functions, And Delegations of Authority; Part G, Office of Environmental Health and Engineering (HHS)
• Alaska Native Claims Selection (Interior)
• Indian Education Discretionary Grant Programs; Professional Development Program (Education)
• Native American Graves Protection and Repatriation Review Committee Notice of Public Meeting (Interior)
• Notice of Availability and Request for Comments on Draft Director's Order #71C Concerning Consultation With Indian and Alaska Native Tribes (Interior)
• Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Tribal Usual and Accustomed Fishing Areas (Commerce)
• Tribal Consultation for HUBZone Program Updates and Clarifications and Potential Reforms Under Executive Order 14112 (U.S. Small Business Administration)
• Alaska Native Claims Selection (Interior)
• Alaska Native Claims Selection (Interior)
• 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

• Barriers and opportunities for tribal access to public health data to advance health equity.
• Building a strong and diverse workforce? Consider Indian preference, in the private sector.
• Chapter I: Indigenous law.
• Indigenous arts and crafts and copyright law: A comparative analysis of the United States and Australian legal frameworks.
• Indigenous Peoples and international trade law.
• Indigenous Peoples' cultural heritage and international law: A tale of wrongs and of struggle for survival and renaissance.
• Lifeworld, landscape, and law: From territoriality to rights in knowledge.
• Upholding tribal sovereignty in federal, state, and local emergency vaccine distribution plans.

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

This week, in brief:

• DOI releases final report on the traumatic legacy of Indian boarding schools
• Land back: Winnebago Tribe of Nebraska get back 1,600 acres that were illegally taken by US 50 years ago
• Florida man indicted in Wisconsin on charges of selling fake Native American jewelry
• Native American exhibits at major museums closed months ago, but Tribes are still waiting to get artifacts back
• Getting Native voters means organizing and removing barriers, leaders say

Indian Law Bulletins Updated 07/17/2024

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

• House v. National Park Service, et al. (Fourth Amendment; Religious Freedom Restoration Act (RFRA); Administrative Procedures Act (APA))
• Tesoro High Plains Pipeline Company, LLC v. United States of America, et al. (Rights-of-way; Preliminary Injunction; Administrative Proceedings)
• Pakootas, et al. v. Teck Cominco Metals, Ltd. (Cultural Resource Damage; Interlocutory Appeal)
• California Land Stewardship Council LLC v. County of Shasta, et al. (Intergovernmental Agreement; State Court Removal; Tribal Sovereign Immunity)
• Steve v. Tuni, et al. (Tribal Court Jurisdiction)

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

• S.4654 - Fire Management Assistance Grants for Tribal Governments Act / A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to allow Indian tribal governments to directly request fire management assistance declarations and grants, and for other purposes.
• S.4705 - A bill to approve the settlement of water rights claims of the Yavapai-Apache Nation in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes.

Passed legislation:

• Winnebago Land Transfer Act of 2023 / 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. - became Public Law No: 118-68 on 7/12/2024.

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

• Proclaiming Certain Lands as Reservation for Yavapai-Apache Nation (Interior)
• Proclaiming Certain Lands as Reservation for the Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota (Interior)
• Increase Flexibility for Tribes in Child Care and Development Fund (CCDF) Eligibility (HHS)
• Self-Governance PROGRESS Act Regulations (Interior)
• Federal Acknowledgment of American Indian Tribes (Interior)
• Tribal Transportation Facility Bridge Program (DOT)

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

• Protecting policy space for Indigenous data sovereignty under international digital trade law.

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

This week, in brief:

• ‘Bring our kids home’: Winnebago Tribe in court over children buried at Indian boarding school
• No end in sight for Line 5 conflict
• Tribal agreement allows hunting and fishing across reservations
• Public wants indigenous knowledge to manage Bears Ears National Monument
• A new program invites national park visitors to donate to Native American Tribes

Announcements

• The Indian law bulletins will be off next week. We will be back in your inbox on Wednesday, July 31.
• The Native American Rights Fund is hiring for the open position of Staff Attorney. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team.

Indian Law Bulletins Updated 07/10/2024

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

• Navajo Nation, et al. v. United States Department of the Interior, et al. (Land Into Trust; Easement; Intervention)
• United States v. Spencer (Cross Deputization Agreement; Indian Country)

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

• Payment v. Election Commission of the Sault Ste. Marie Tribe of Chippewa Indians (Tribal Election; Tribal Election Code; Campaign Violation)
• McRorie v. Election Commission of the Sault Ste. Marie Tribe of Chippewa Indians (Tribal Referendum Election; Election Administration; Standing)

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

• Cayuga Nation v. Parker (Appeal No. 2) (Economic Development; Enforcement of Tribal Court Judgment)
• Cayuga Nation v. Parker (Appeal No. 1) (Economic Development; Enforcement of Tribal Court Judgment)
• Cayuga Nation v. Seneca-John (Economic Development; Enforcement of Tribal Court Judgment)

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

• S.4633 - A bill to provide for the settlement of the water rights claims of the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, and for other purposes.
• S.4643 - A bill to approve the settlement of water rights claims of the Zuni Indian Tribe in the Zuni River Stream System in the State of New Mexico, to protect the Zuni Salt Lake, and for other purposes.
• H.R.8937 - To establish subaccounts in the Indian Water Rights Settlement Completion Fund to satisfy the obligations of the United States with respect to certain Indian water rights settlements, and for other purposes.
• H.R.8940 - To provide for the settlement of the water rights claims of the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, and for other purposes.
• H.R.8942 - To amend the Indian Health Care Improvement Act to ensure that certain employees, providers, and volunteers associated with the Indian Health Service receive educational training in the history and culture of the Tribes served by such persons, and for other purposes.
• H.R.8951 - To approve the settlement of water rights claims of the Zuni Indian Tribe in the Zuni River Stream System in the State of New Mexico, to protect the Zuni Salt Lake, and for other purposes.
• H.R.8952 - To take certain mineral interests into trust for the benefit of the Crow Tribe of Montana, and for other purposes.
• H.R.8953 - To amend the Crow Tribe Water Rights Settlement Act of 2010 to make improvements to that Act, and for other purposes.
• H.R.8955 - To amend the Indian Health Care Improvement Act to ensure that, whenever the Indian Health Service undertakes an investigation into the professional conduct of a licensee of a State, the Service notifies the relevant State medical board, and for other purposes.
• H.R.8956 - To amend the Indian Health Care Improvement Act for the development and implementation of a centralized system to credential licensed health professionals who seek to provide health care services at any Indian Health Service unit.
• H.R.8966 - 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.
• H.R.8973 - To amend the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act.

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

• Notice of Proposed Withdrawal Revocation; Proposed Restoration of Public Lands; Proposed Transfer Into Trust; Nevada (Interior)
• Land Acquisitions; Redding Rancheria, California, Strawberry Fields Site, Shasta County, California (Interior)
• Land Acquisitions; Timbisha Shoshone Tribe, County Land Parcel, Kern County, California (Interior)
• Proclaiming Certain Lands as Reservation for Kootenai Tribe of Idaho (Interior)
• Notice of Availability of the ANCSA 17(d)(1) Withdrawals Final Environmental Impact Statement, Alaska (Interior)

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

This week, in brief:

• Supreme Court’s Chevron ruling could bring changes for Tribes
• Barriers to the ballot: Indigenous communities in Michigan and New York face voter suppression in local school board elections
• New legislation would ratify Colorado River water settlements for three AZ Tribes
• Ancestor's voices: Native leadership brings change to conservation efforts
• New bill would nix blood quantum rule for St. Regis Mohawk tribal members at border crossings

Indian Law Bulletins Updated 7/3/2024

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

• Sault Ste. Marie Tribe of Chippewa Indians v. Haaland, et al. (Land Into Trust; Administrative Procedure Act (APA); Indian Gaming Regulatory Act (IGRA))
• Association of Washington Business, et al. v. U.S. Environmental Protection Agency, et al. (Tribal Fishing Rights; Administrative Procedure Act; Clean Water Act)
• Seamon v. Navajo Nation Gaming Enterprise, et al. (Arm of the Tribe; Tribal Sovereign Immunity)
• State of Alaska v. Newland, et al. (Land Into Trust; Alaska Native Claims Settlement Act; Indian Reorganization Act)

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

• Ferguson v. Fort Peck Tribes (Hearsay; Indian Civil Rights Act; Right to Confront Witness)
• Confederated Salish and Kootenai Tribes v. Steele (Restitution Determination)

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

• San Carlos Apache Tribe v. State (Clean Water Act)

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

• H.R.8920 - To approve the settlement of the water right claims of the Tule River Tribe, and for other purposes.
• H.R.8921 - To set aside funds for payments to Indian tribes and tribal consortia under subpart 1 of part B of title IV of the Social Security Act.

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

• Alaska Native Claims Selection (Interior)
• Alaska Native Claims Selection (Interior)
• Chippewa National Forest; Minnesota; Transfer of Administrative Jurisdiction to Lands To Be Held in Trust by the United States for the Benefit of the Leech Lake Band of the Minnesota Chippewa Tribe Pursuant to the Leech Lake Band of Ojibwe Reservation Restoration Act (USDA)

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 systemic failures in the tribal water allocation scheme.
• Existence and survival: A dimension of indigenous self-determination in the context of climate change impacts.
• Indigenous fire data sovereignty: Applying indigenous data sovereignty principles to fire research.
• Mau Forest evictions in Kenya: How an international tribunal’s affirmation of indigenous rights differs from Federal Indian Law in the United States.
• Preserving the sacred medicine: Why peyote should be excluded from entheogenic plant decriminalization efforts.
• When John Locke meets Lao Tzu: The relationship between intellectual property, biodiversity and indigenous knowledge and the implications for food security.

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

This week, in brief:

• Tribes move to defend EPA’s Tribal Water Rights rule
• Truth and Healing Commission bill heads to the Senate floor
• 'Tribal courts are essential' | New legislations aims to strengthen tribal court system
• House subcommittee considers bills to expand tribal land trust authority
• Federal judge says Alaska Tribes may put land into trust, a step toward ‘Indian Country’ here

Indian Law Bulletins Updated 6/26/2024

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

• Tanner-Brown v. Haaland (Injury-in-Fact; Standing; Freedmen)
• Rincon Mushroom Corporation of America, et al. v. Mazzetti, et al. (Tribal Court; Tribal Regulatory Jurisdiction)
• Santee Sioux Nation v. Tso, et al. (Contracts Dispute Act (CDA); Indian Self-Determination and Education Assistance Act (ISDEAA))
• Rodriguez v. State of Montana (Indian Child Welfare Act; Jurisdiction)
• Chemehuevi Indian Tribe v. United States (Breach of Fiduciary Duties; Tucker Act; Water Rights)
• Quechan Indian Tribe v. United States of America (Cultural Resource Damages; Resource Equivalency Analysis)
• United States of America v. Stevens, et al. (Tribal Property Held in Trust; Permit Default; Trespass)

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

• Jones v. Mashantucket Pequot Gaming Enterprise (Negligence; Actual Damages)
• Mathews v. Mashantucket Pequot Gaming Enterprise (Dangerous Condition; Proximate Cause)

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

• Surface Water Use Permit Applications, Integration of Appurtenant Rights and Amendments to the Interim Instream Flow Standards, Nā Wai ‘Ehā Surface Water Management Areas of Waihe‘e River, Waiehu Stream, Wailuku River (Previously Known as ‘Īao Stream) and Waikapū Stream, Maui (Water Rights)

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

• H.R.8790 - To expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes.
• H.R.8791 - To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
• H.R.8829 - To expedite new Tribal court assessments and base support funding, and for other purposes.

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)

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 to justice in the shadow of colonialism.
• Batok in the east, aloha in the west: intellectual property protections of Indigenous Peoples in the Philippines and the United States.
• Chief Justice Angela R. Riley and Professor Suzette Malveaux in conversation at the eleventh annual John Paul Stevens Lecture: The third sovereign: Tribal courts and Indian Country justice.
• E hoʻi ka nani i Mokuʻula lā: The Commission on Water Resource Management’s public trust duty to fully restore Mokuʻula and Mokuhinia.
• Naloxone and methadone access in Tribal communities.
• Native nation resistance to the machinations of settler colonial democracy.
• Responsible governance and Tribal customary rights.
• The vision of Chief Justice William S. Richardson.
• Wai ea: restoring Hawaiʻi’s public trust and reclaiming Lahaina’s water future.
• Where’s Mr. Postman? The struggles of voting by mail in Indian Country.

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

This week, in brief:

• Federal leaders knew Northwest dams would hurt Native communities — and they approved
• In green energy boom, one federal agency made the Yakama Nation an offer they had to refuse
• Where the buffalo roamed: Bill would return herds to ancestral Native American lands
• They took part in Apache ceremonies. Their schools expelled them for satanic activities
• U.S. Senate unanimously passes bill to return land to Nebraska’s Winnebago Tribe

Indian Law Bulletins Updated 06/18/2024

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

One petition for certiorari was denied on 6/17/24:

• West Flagler Associates v. Haaland (Indian Gaming)

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

• Swinomish Indian Tribal Community v. BNSF Railway Company (Trespass Restitution)
• Ute Indian Tribe of the Uintah and Ouray Reservation v. Ure, et al. (Sale of Trust Lands; Civil Rights Acts; Sovereign Immunity)

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

• Lela Mae Flowers v. Jena Bank of Choctaw Indians, et al. (Tribal Sovereign Immunity)

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

• S.4558 - A bill 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.

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

• Regulations Governing the Taking of Marine Mammals (Commerce)
• Strengthening the Section 184 Indian Housing Loan Guarantee Program; Delay of Effective and Compliance Dates (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

• Arizona v. Navajo Nation.
• Indigeneity in the classroom: Avenues for Native American students to challenge anti-critical race theory laws.
• The link between individual domestic violence and Missing & Murdered Indigenous Women: VAWA is not enough.
• Students for Fair Admissions, Inc. v. University of North Carolina and Haaland v. Brackeen: Lessons on the future of affirmative action for Native American college applicants.
• Tribal sovereignty & sovereign immunity in bankruptcy.

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

This week, in brief:

• Railway ordered to pay Washington state Tribe nearly $400M for trespassing
• Report finds Colorado was built on $1.7 trillion of land expropriated from Tribal Nations
• Why so many California Indians lack the federal recognition given to other Native Americans
• Oklahoma City University launches Tribal sovereignty institute
• US bishops release pastoral framework for healing with Native Catholics

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

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’

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

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

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

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

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

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

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

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.