February 14, 2024

Indian Law Bulletins Updated 2/14/2024

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

Three petitions for certiorari were filed:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This week, in brief:

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