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