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