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