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.

Indian Law Bulletins Updated 4/3/2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This week, in brief:

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

Indian Law Bulletins Updated 3/27/2024

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

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

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

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

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

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

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

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

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

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

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

This week, in brief:

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

Indian Law Bulletins Updated 3/20/2024

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

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

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

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

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

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

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

• Strengthening the Section 184 Indian Housing Loan Guarantee Program (HUD)
• Request for Information: Office of Head Start Tribal Programs (HHS)
• Alaska Native Claims Selection (Interior)

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

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

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

This week, in brief:

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

Indian Law Bulletins Updated 3/13/2024

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

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

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

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

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

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

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

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

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

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

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

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

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

This week, in brief:

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

Indian Law Bulletins Updated 3/6/2024

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

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

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

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

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

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

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

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

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

This week, in brief:

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

Indian Law Bulletins Updated 2/28/24

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

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

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

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

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

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

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

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

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

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

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

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

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

This week, in brief:

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

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

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

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

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

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