March 19, 2025

Indian Law Bulletins Updated

U.S. Supreme Court Bulletin
https://www.narf.org/nill/bulletins/sct/2024-2025update.html

One petition for certiorari was filed 2/24/25:

  • Lexington Insurance Company v. Mueller (24-906) (Jurisdiction Over Nonmembers)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • Prairie Band Potawatomi Nation v. Morse (Regulatory Jurisdiction; Amended Complaint; Futility)
  • United States, et al. v. Michigan, et al. (Great Lakes Fishing Decree; Unanimous Consent)
  • Erwine v. Churchill County, et al. (Tribal Sovereign Immunity; Tribal Employees)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2025.html

  • Matter of Macon J. (Indian Child Welfare Act)
  • Koi Nation of Northern California v. City of Clearlake (Cultural Resources/Property; Tribal Consultation)

U.S. Legislation - 119th Congress Bulletin
http://narf.org/nill/bulletins/legislation/119_uslegislation.html

  • S.1008 - Cape Fox Land Entitlement Finalization Act of 2025 / 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.
  • S.1055 - A bill to amend the Indian Health Care Improvement Act to modify the notification requirement for emergency contract health services for certain beneficiaries, and for other purposes.
  • S.1084 - A bill to authorize the relinquishment and in lieu selection of land and minerals in the State of North Dakota, to restore land and minerals to Indian Tribes within the State of North Dakota, and for other purposes.
  • H.R.2130 - To require the Bureau of Indian Affairs to process and complete all mortgage packages associated with residential and business mortgages on Indian land by certain deadlines, and for other purposes.
  • H.R.2236 - 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.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2025.html

  • Notice of Receipt of the Makah Tribe's Permit Request for a Ceremonial and Subsistence Hunt of Eastern North Pacific Gray Whales (Commerce)

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 ola mau ka ʻōlelo Hawaii: Language revitalization, reparations, and the courts.
  • Indigenizing the right to a healthy environment.
  • Mugshots in Oklahoma: Stigmatizing Native American individuals and communities.
  • Our children/our future: Examining how Indigenous Peoples in the US assert self-determination and prioritze child wellbeing.
  • Protection or indifference: Why the Arizona v. Navajo Nation decision doesn't hold water.
  • TFPA, wildfire mitigation, and advocating for the dissemination of Indigenous knowledge.

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

This week, in brief:

  • Haskell Indian Nations University student suing Trump administration speaks out, talks impacts of fed layoffs
  • Wisconsin Tribes urge support for bills, including tribal regalia in school ceremonies
  • Trump Administration rolls back executive order on tribal sovereignty and self-governance
  • Judge rules Minnesota can prosecute marijuana crimes on reservations even after legalization
  • Arizona delegation pushes largest tribal water rights settlement in US history

March 12, 2025

Indian Law Bulletins Updated 3/12/2025

U.S. Supreme Court Bulletin
https://www.narf.org/nill/bulletins/sct/2024-2025update.html

One petition for certiorari was filed 3/3/25:

  • South Point Energy Center v. Arizona Department of Revenue (24-952) (State and Local Taxation)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • United States v. Michigan, et al. (Great Lakes Fisheries Management; Treaty Rights; Amicus Party)
  • North Metro Harness Initiative LLC v. Beattie, et al. (Tribal Gaming; Racketeer Influenced and Corrupt Organizations Act (RICO); Tribal Sovereign Immunity)
  • Association of Village Council Presidents, et al. v. National Marine Fisheries Service, et al. (Federal Management of Fisheries; Administrative Procedure Act (APA))
  • Canadian St. Regis Band of Mohawk Indians, et al. v. New York, et al. (Motion to Intervene)
  • Vipond v. DeGroat, et al. (Tribal Court Jurisdiction; Exhaustion of Tribal Remedies)
  • United States, et al. v. State of Washington, et al. (Treaty Fishing Rights; Usual and Accustomed Fishing Places; Marine Waters)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2025.html

  • Marvin Keith Stitt v. The City of Tulsa (McGirt v. Oklahoma; Oklahoma v. Castro-Huerta; Criminal Jurisdiction)
  • In re J.F. (Indian Child Welfare Act)

U.S. Legislation - 119th Congress Bulletin
http://narf.org/nill/bulletins/legislation/119_uslegislation.html

  • S.870 - 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.953 - 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.
  • H.R.504 - Miccosukee Reserved Area Amendments Act / To amend the Miccosukee Reserved Area Act to authorize the expansion of the Miccosukee Reserved Area and to carry out activities to protect structures within the Osceola Camp from flooding, and for other purposes.
  • H.R.2025 - 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.

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

  • Actualizing Indigenous data sovereignty through tribal self-governance.
  • The amplified federal obligation: Why Dobbs v. Jackson Women’s Health Organization amplifies the federal government’s obligation to provide comprehensive reproductive health care in Native American communities.
  • Benefit corporation - A tool for economic development and fostering sovereignty in tribal business structures.
  • How poor is poor enough? How jurisdictional differences in implementing the right to counsel affect indigent Native Americans.
  • Oklahoma v. Castro-Huerta - Using sentencing inequities to address the Oliphant in the room.
  • A tribal court blueprint for the Choctaw Freedmen: Effect of Cherokee Nation v. Nash.
  • Tribal eminent domain: Sovereignty gaps and policy solutions.

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

This week, in brief:

  • Tribes, Native American students file lawsuit over Bureau of Indian Education firings
  • The case for returning U.S. public lands to Indigenous People
  • Gov. Stitt's brother loses appeal of $250 speeding ticket in McGirt-related case
  • Native groups urge equal teatment for Tribal Nations in U.S. appellate courts
  • Senate committee advances ten bills to strengthen tribal water rights and infrastructure

March 5, 2025

Indian Law Bulletins Updated 3/5/2025

U.S. Supreme Court Bulletin
https://www.narf.org/nill/bulletins/sct/2024-2025update.html

One petition for certiorari was denied 3/3/25:

  • Bibeau v. Commissioner of Internal Revenue (24-804) (Federal Income Tax)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • United States, et al. v. Osage Wind, LLC, et al. (Trespass; Damages; Stay Judgment Pending Appeal)
  • Parrotta v. Island Resort and Casino (Fair Labor Standards Act (FLSA); Tribal Sovereign Immunity)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2025.html

  • Johnson v. Lozeau (Child Custody; Ex Parte Interviews; Mediation)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2025.html

  • Pateras v. Armenta (Indian General Welfare Benefits; Child Support)

U.S. Legislation - 119th Congress Bulletin
http://narf.org/nill/bulletins/legislation/119_uslegislation.html

  • S.748 - A bill to reaffirm the applicability of the Indian Reorganization Act to the Lytton Rancheria of California, and for other purposes.
  • S.757 - A bill 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.
  • S.761 - Truth and Healing Commission on Indian Boarding School Policies Act of 2025 / A bill to establish the Truth and Healing Commission on Indian Boarding School Policies in the United States, and for other purposes.
  • S.785 - A bill to extend the Alaska Native Vietnam era Veterans Land Allotment Program.
  • H.R.474 - Lumbee Fairness Act / To amend the Lumbee Act of 1956.
  • H.R.619 - Nor Rel Muk Wintu Nation Federal Recognition Act / To extend Federal recognition to the Nor Rel Muk Wintu Nation, and for other purposes.
  • H.R.1647 - 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.1723 - To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2025.html

  • Notice of Intended Disinterment From Carlisle Barracks Post Cemetery (DoD)

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 in reporting impaired-driving data from Indian Country.
  • “Plants don’t have a culture to appropriate”: Accounting for accusations of cultural appropriation of peyote ceremonies.
  • Prescribed burns: The traditional cure for a modern problem.
  • Sovereign lands.
  • Tradition is a trap.
  • We know about the right to bear arms, but what about the rights of Bears Ears.

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

This week, in brief:

  • What cuts to the federal government mean for Native American communities
  • University of California Native Americans demand action against scholars claiming Indigenous roots without proof
  • Colorado recognizes data sovereignty for Tribes
  • ‘Rights of nature’ laws take root in the West
  • Pushing for their say: Tribes supporting bill to create Indigenous-language compact schools

February 26, 2025

Indian Law Bulletins Updated 2/26/2025

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • Rousseau v. Cheyenne River Sioux Tribe, et al. (Habeas Corpus; Personal Jurisdiction)
  • L.B. v. United States, et al. (Federal Tort Claims Act (FTCA); Scope of Employment)
  • George v. Colville Confederated Tribes, et al. (Indian Civil Rights Act (ICRA); Tribal Sovereign Immunity)
  • United States v. Haack (Indian Arts and Crafts Act (IACA); Identity Theft)
  • United States v. Young (Peremptory Challenge on the Basis of Race)
  • Cow Creek Band of Umpqua Tribe of Indians, et al. v. U.S. Department of the Interior, et al. (Land into Trust; Indian Gaming; Economic Harm)
  • Perank, et al. v. United States (Federal Tort Claims Act (FTCA); Loss of Water)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2025.html

  • Perry v. Mohegan Tribal Gaming Authority (Negligence; Ongoing Storm Doctrine)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2025.html

  • In re Enbridge Energy to Replace and Relocate Line 5 (Cultural Resources; Michigan Environmental Protection Act)

U.S. Legislation - 119th Congress Bulletin
http://narf.org/nill/bulletins/legislation/119_uslegislation.html

  • S.572 - A bill to enhance the effectiveness of the Shadow Wolves Program, and for other purposes.
  • S.630 - A bill to authorize the Secretary of the Treasury to make payments to the Quapaw Nation and certain members of the Quapaw Nation in accordance with the recommendation of the United States Court of Federal Claims, and for other purposes.
  • S.632 - A bill to amend the Indian Health Care Improvement Act to allow Indian Health Service scholarship and loan recipients to fulfill service obligations through half-time clinical practice, and for other purposes.
  • S.637 - A bill to amend the Northwestern New Mexico Rural Water Projects Act to make improvements to that Act, and for other purposes.
  • S.640 - A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the Navajo Nation Water Resources Development Trust Fund, to amend the Claims Resolution Act of 2010 to make technical corrections to the Taos Pueblo Water Development Fund and Aamodt Settlement Pueblos' Fund, and for other purposes.
  • S.642 - A bill to provide compensation to the Keweenaw Bay Indian Community for the taking without just compensation of land by the United States inside the exterior boundaries of the L'Anse Indian Reservation that were guaranteed to the Community under a treaty signed in 1854, and for other purposes.
  • S.643 - A bill to amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes.
  • S.673 - A bill to amend the Miccosukee Reserved Area Act to authorize the expansion of the Miccosukee Reserved Area and to carry out activities to protect structures within the Osceola Camp from flooding, and for other purposes.
  • S.689 - A bill to approve the settlement of the water right claims of the Tule River Tribe, and for other purposes.
  • S.699 - A bill to amend the Indian Health Care Improvement Act to address liability for payment of charges or costs associated with the provision of purchased/referred care services, and for other purposes.
  • S.719 - A bill to amend the Tribal Forest Protection Act of 2004 to improve that Act, and for other purposes.
  • S.723 - A bill to require the Bureau of Indian Affairs to process and complete all mortgage packages associated with residential and business mortgages on Indian land by certain deadlines, and for other purposes.
  • H.R.1499 - To amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of the Grand Ronde Community, and for other purposes.
  • S.Res.83 - A resolution designating February 2025 as "Hawaiian Language Month" or "'Olelo Hawai'i Month".

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

This week, in brief:

  • Appeals Court upholds MPSC permit for Line 5 tunnel project
  • ProPublica updates its database of museums’ and universities’ compliance with federal repatriation law
  • Utah bill would disenfranchise rural Native residents, critics warn
  • Assiniboine and Sioux Tribes defend Yellowstone bison plan in court
  • New bill would transfer ownership of Shawnee Indian Mission to Shawnee Tribe

February 19, 2025

Indian Law Bulletins Updated 02/19/2025

U.S. Supreme Court Bulletin
https://www.narf.org/nill/bulletins/sct/2024-2025update.html

One petition for certiorari was filed 2/13/25:

  • Lexington Insurance Co. v. Suquamish Tribe (24-884) (Jurisdiction Over Nonmembers)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • Waukegan Potawatomi Casino, LLC v. City of Waukegan (Equal Protection Clause; Section 1983)
  • Navajo Nation, et al. v. United States (Standing; Trust Relationship)
  • Sovereign Natchez Nation, et al. v. Riverside County Department of Social Services Children Protective Services, et al. (Indian Child Welfare Act; Recognition)
  • United States v. Whipple-Wright (Major Crimes Act (MCA); Miranda Rights; Tribal Enrollment Status)
  • Mille Lacs Band of Ojibwe, et al. v. Madore, et al. (Treaty Rights; Disestablishment; Mootness)
  • Montgomery v. Seminole Hard Rock Digital, LLC (Intervention; Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2025.html

  • Interest of B.V. (Indian Child Welfare Act)
  • Nelson v. Hawaiian Homes Commission (Hawaiian Homes Commission Act; Trust Breach)

U.S. Legislation - 119th Congress Bulletin
http://narf.org/nill/bulletins/legislation/119_uslegislation.html

  • S.546 - A bill to amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the water rights settlement for the Shoshone-Paiute Tribes of the Duck Valley Reservation, and for other purposes.
  • S.550 - A bill to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.
  • S.562 - A bill to approve the settlement of water rights claims of the Pueblos of Acoma and Laguna in the Rio San Jose Stream System and the Pueblos of Jemez and Zia in the Rio Jemez Stream System in the State of New Mexico, and for other purposes.
  • S.563 - A bill to approve the settlement of water rights claims of Ohkay Owingeh in the Rio Chama Stream System, to restore the Bosque on Pueblo Land in the State of New Mexico, and for other purposes.
  • S.564 - 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.
  • S.565 - A bill to approve the settlement of water rights claims of the Navajo Nation in the Rio San Jose Stream System in the State of New Mexico, and for other purposes.
  • S.612 - A bill to amend the Native American Tourism and Improving Visitor Experience Act to authorize grants to Indian tribes, tribal organizations, and Native Hawaiian organizations, and for other purposes.
  • S.620 - A bill to provide public health veterinary services to Indian Tribes and Tribal organizations for rabies prevention, and for other purposes.
  • S.621 - A bill to accept the request to revoke the charter of incorporation of the Lower Sioux Indian Community in the State of Minnesota at the request of that Community, and for other purposes.
  • S.622 - A bill to amend the Leech Lake Band of Ojibwe Reservation Restoration Act to provide for the transfer of additional Federal land to the Leech Lake Band of Ojibwe, and for other purposes.
  • H.R.1418 - 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.1444 - 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.Res.136 - Expressing support for the designation of February 2025 as "Hawaiian Language Month" or "'Olelo Hawai'i Month".

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2025.html

  • Federal Acknowledgment of American Indian Tribes (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

  • Congressional tribal trust responsibility and the opioid MDL: A call to finish the work the judiciary was forced to undertake.
  • Ola i ka Malu ʻUlu o Lele: An emerging collective memory of injustice in Maui Komohana as a foundation for recovery from Lahaina’s wildfires and restorative justice for Hawaiʻi.
  • A right to living culture: Articulating issues and opportunities for protecting contemporary and emerging Native Hawaiian rights, practices, and resources.
  • The role of human rights in advancing justice for Native Hawaiians: Infusing Indigenous human rights with Kanaka Maoli values.

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

This week, in brief:

  • Buried but not forgotten: a Colorado archeologist describes her work honoring the lives of Indian boarding school students
  • Sen. Lisa Murkowski: "it's Denali"; co-sponsors legislation to formally recognize its Native name
  • Layoffs at National Park Service, U.S. Forest Service raise concern over sacred lands
  • Native organizations' leaders defend tribal sovereignty before the Senate Committee on Indian Affairs
  • Bill to eliminate Native American voting barriers goes before Montana legislature

February 12, 2025

Indian Law Bulletins Updated 2/12/2025

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • Prairie Band Potawatomi Nation v. Morse, et al. (Civil Jurisdiction; Article III Standing)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2025.html

  • Spirit v. Fort Peck Tribes (Indian Civil Rights Act; Confrontation; Due Process)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2025.html

  • In the Matter of the Guardianship of K.D.B. (Indian Child Welfare Act)

U.S. Legislation - 119th Congress Bulletin
http://narf.org/nill/bulletins/legislation/119_uslegislation.html

  • S.443 - 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.
  • H.R.1010 - To require Federal law enforcement agencies to report on cases of missing or murdered Indians, and for other purposes.
  • S.Res.60 - An original resolution authorizing expenditures by the Committee on Indian Affairs.
  • H.Res.97 - Expressing support for the designation of the week beginning February 3, 2025, as "National Tribal Colleges and Universities Week."

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2025.html

  • Presidential Memorandum; Lumbee Tribe of North Carolina (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

  • Abdication of power: Arizona v. Navajo Nation and judicial refusal to enforce the federal trust relationship.
  • Beyond statutory tango: Native American Tribe's access to bankruptcy relief after Lac Du Flambeau.
  • The erosion of trust: Arizona v. Navajo, climate change, and the potential abrogation of tribal water rights.
  • Green and proud: Protecting the Antiquities Act as a means of fighting climate change and promoting American patriotism.
  • Indigenizing legal republicanism.
  • Native reproductive self-determination.
  • Opportunities for reconciliation: The legal history of the Leech Lake Indian Reservation and the Chippewa National Forest.
  • The parallels in the repatriation of cultural property: How the Holocaust Expropriated Art Recovery Act provides a framework for a more effective Native American Grave Protection and Repatriation Act.
  • Teaching at the intersection of federal Indian law and environmental law courses.
  • Where do we go from here? Navajo Nation's fight for water.

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

This week, in brief:

  • Amid wave of executive orders, Native communities worry about ‘collateral damage’ to U.S. treaty obligations
  • Billy Kirkland (Navajo) nominated to be Assistant Secretary for Indian Affairs by Trump
  • ‘Our data is our stories’ | Q+A: Abigail Echo-Hawk on data sovereignty
  • Arizona Republicans lose bid to block Grand Canyon monument protections
  • Native Americans and immigration enforcement - know your rights

February 5, 2025

Indian Law Bulletins Updated 2/5/2025

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • United States, et al. v. State of Washington, et al. (Treaty Fishing Rights; Usual and Accustomed Fishing Places; Skagit River)
  • Duwamish Tribe, et al. v. Haaland, et al. (Federal Recognition; Voluntary Remand)
  • Schmasow v. Little Shell Tribe of Chippewa of Montana (Habeas Corpus; Membership; Exhaustion of Tribal Remedies)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2025.html

  • Porporino v. Mohegan Tribal Gaming Authority (Discovery; Protective Order)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2025.html

  • In re Taylor M. (Indian Child Welfare Act)
  • Frankel v. Board of Land and Natural Resources (Trust Breach)

U.S. Legislation - 119th Congress Bulletin
http://narf.org/nill/bulletins/legislation/119_uslegislation.html

  • S.390 - A bill to require Federal law enforcement agencies to report on cases of missing or murdered Indians, and for other purposes.
  • H.R.907 - To provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
  • S.Res.49 - A resolution designating the week beginning February 3, 2025, as "National Tribal Colleges and Universities Week."

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2025.html

  • Federal Recognition of the Lumbee Tribe of North Carolina (Presidential Memorandum)

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

This week, in brief:

  • Native leaders press Trump Admin, Congress to preserve Tribal Nations' political status amid federal changes
  • Although flow of federal money is fine for now, Tribes brace for cuts and plan to protect treaty rights
  • Uranium ore shipments will resume after Navajo Nation, Energy Fuels reach agreement
  • Duwamish Tribe gets another chance at federal recognition
  • #LandBack offers common ground for Native Tribes, Trump Administration

January 29, 2025

Indian Law Bulletins Updated 1/29/2025

U.S. Supreme Court Bulletin
https://www.narf.org/nill/bulletins/sct/2024-2025update.html

One petition for certiorari was filed on 1/24/25:

  • Bibeau v. Commissioner of Internal Revenue (24-804) (Federal Taxation of On-Reservation Income)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • Temple v. Mercier, et al. (Tribal Exhaustion Doctrine; Livestock Grazing Permits)
  • Unkechaug Indian Nation v. Seggos (State Sovereign Immunity; Article VI Debts and Engagements Clause; Supremacy Clause)
  • Village of Hobart, WI v. United States Department of The Interior (Land Into Trust; Discovery)
  • Chinook Indian Nation, et al. v. Haaland, et al. (Federal Recognition; Attorneys' Fees)
  • Federated Indians of Graton Rancheria v. Haaland, et al. (Land Into Trust; National Historic Preservation Act (NHPA))

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2025.html

  • Waukegan Potawatomi Casino, LLC v. Illinois Gaming Board (Illinois Gambling Act; Mootness)
  • Johnson v. Board of Education for Albuquerque Public Schools (New Mexico Human Rights Act; Religious and Cultural Rights)
  • Cherokee Nation v. United States Department of the Interior (Indian Gaming Regulatory Act; State Interest)

U.S. Legislation - 119th Congress Bulletin
http://narf.org/nill/bulletins/legislation/119_uslegislation.html

  • S.236 - A bill to amend the Act of August 9, 1955 (commonly known as the "Long-Term Leasing Act"), to authorize leases of up to 99 years for land in the Mashpee Wampanoag Tribe Reservation and land held in trust for the Wampanoag Tribe of Gay Head (Aquinnah), and for other purposes.
  • S.239 - A bill to take certain mineral interests into trust for the benefit of the Crow Tribe of Montana, and for other purposes.
  • S.240 - A bill to amend the Crow Tribe Water Rights Settlement Act of 2010 to make improvements to that Act, and for other purposes.
  • S.241 - A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
  • S.254 - A bill to amend the Marine Mammal Protection Act of 1972 to protect the cultural practices and livelihoods of producers of Alaska Native handicrafts and marine mammal ivory products, and for other purposes.
  • S.255 - A bill to amend the Migratory Bird Treaty Act to clarify the treatment of authentic Alaska Native articles of handicraft containing nonedible migratory bird parts, and for other purposes.
  • H.R.635 - To amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.
  • H.R.681 - To amend the Act of August 9, 1955 (commonly known as the "Long-Term Leasing Act"), to authorize leases of up to 99 years for land held in trust for the Mashpee Wampanoag Tribe and the Wampanoag Tribe of Gay Head (Aquinnah), and for other purposes.
  • H.R.725 - To take certain mineral interests into trust for the benefit of the Crow Tribe of Montana, and for other purposes.
  • H.R.726 - To amend the Crow Tribe Water Rights Settlement Act of 2010 to make improvements to that Act, and for other purposes.
  • H.R.741 - To elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, 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

  • Arizona v. Navajo Nation: Leaving a trickle of hope for water security on the Navajo reservation.
  • Live, work, govern using Diné fundamental law.
  • Sovereign immunity: from policy to practice.
  • The way back home: the Indian Land Tenure Foundation's survey of tribal land-back projects across the United States.

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

This week, in brief:

  • The Winnebago Tribe appeals lower court decision; seeks the remains of two Winnebago back from Carlisle Cemetery
  • Donald Trump starts federal recognition process for North Carolina Lumbee Tribe
  • Alaskans don’t have a right to correct errors on absentee ballots, state judge rules
  • "Excluding Indians": Trump admin questions Native Americans' birthright citizenship in court
  • Navajo Nation leaders raise alarm over reports of Indigenous people being questioned and detained during immigration sweeps

January 22, 2025

Indian Law Bulletins Updated 1/22/2025

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • Sierra Club, et al. v. United States Department of Transportation, et al. (National Environmental Policy Act (NEPA); Ripeness; Article III Standing)
  • Sleighter v. United States (Federal Tort Claims Act (FTCA); Discretionary Function Exception)
  • United States v. Jefferson (Expert Testimony; Tribal Law Enforcement)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2025.html

  • Bird v. Eastern Band of Cherokee Indians, et al. (Nonjusticiable Political Question; Tribal Sovereign Immunity)
  • In the Matter of J.M.J-M. (Parental Rights; Placement Preferences)
  • Grant v. Fort Peck Tribes (Insufficient Evidence; Indian Status)
  • Jackson v. Fort Peck Tribes (Tribal Criminal Jurisdiction; Indian Status)
  • Greene v. Harrah's NC Casino Company, LLC, et al. (Cherokee Common Law; Duty of Care)

U.S. Legislation - 119th Congress Bulletin
http://narf.org/nill/bulletins/legislation/119_uslegislation.html

  • S.105 - A bill to direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes.
  • S.107 - A bill to amend the Lumbee Act of 1956.
  • H.R.410 - To extend the Alaska Native Vietnam era veterans land allotment program, and for other purposes.
  • H.R.411 - To provide compensation to the Keweenaw Bay Indian Community for the taking without just compensation of land by the United States inside the exterior boundaries of the L'Anse Indian Reservation that were guaranteed to the Community under a treaty signed in 1854.
  • H.R.412 - To authorize the Bay Mills Indian Community of the State of Michigan to convey land and interests in land owned by the Tribe.
  • H.R.444 - To amend the Internal Revenue Code of 1986 to permit individuals eligible for Indian Health Service assistance to qualify for health savings accounts.
  • H.R.471 - Fix Our Forests Act / To expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2025.html

  • Organization, Functions, and Delegations of Authority; Indian Health Service Headquarters, Office of Information Technology and the Office of Management Services, Part GAG, GAL (HHS)
  • Land Acquisitions; Koi Nation of Northern California, Shiloh Site, Sonoma County, California (Interior)
  • Tribal Consultation on the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (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

  • A battle among sovereigns: Partnering federal exhaustion and infringement principles to safeguard tribal court jurisdiction over labor and employment disputes.
  • A brief look at the legal history and current laws surrounding salmon in Washington.
  • First in time since time immemorial: Tribal instream rights undercut water taking claims.
  • Nanaboozhoo died for your sins.
  • The Navajo Nation and the Colorado River: Their current statuses and the Tribe's path forward.
  • The untenability of Justice Clarence Thomas's Indian law jurisprudence: Confronting the Indian Commerce Clause to address the problem of historical change in federal Indian law.
  • The WIPO Treaty on Genetic Resources and Associated Traditional Knowledge: A negotiating, contextual and conceptual appraisal.
  • Yellowstone National Park's record of decision on bison management.

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

This week, in brief:

  • MHA Nation secures key victory as Supreme Court upholds majority-Native District 4A
  • Burgum pledges tribal consultation, pushes energy policy at Interior hearing
  • Congress to again consider Lumbee recognition bill as Trump returns to office
  • A peaceful alternative: a Native American tradition focused on community-driven conflict resolution gains popularity in courts and in legal education
  • Tribal leaders call on Colorado to respect Tribes’ sovereignty, and include them in policymaking

January 15, 2025

Indian Law Bulletins Updated 1/15/2025

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • Saiz v. Rincon Band of Luiseno Mission Indians of the Rincon Reservation, et al. (Exhaustion of Tribal Remedies; Motion to Stay)
  • Barton v. Office of Navajo and Hopi Indian Relocation (Administrative Procedure Act (APA); Navajo-Hopi Land Settlement Act of 1974)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2025.html

  • Nicholas v. Metoxen, et al. (Procedural Irregularity Resulting in Harm)
  • Table Games Dept., Oneida Casino v. White (Abuse of Discretion; Prior Precedent)
  • In re the matter of J.M.A. (Appellate Court Review)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2025.html

  • Matter of L.B. (Indian Child Welfare Act)

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2025.html

  • Public Land Order No. 7958; Extension of Public Land Order No. 6597, as Extended; for White Mountain Petroglyphs Site, Wyoming (Interior)
  • Land Acquisitions; Coquille Indian Tribe, Medford Site, City of Medford, Jackson County, Oregon (Interior)
  • Land Acquisitions; Scotts Valley Band of Pomo Indians, Vallejo Site, Solano County, California (Interior)
  • Federal Acknowledgment of American Indian Tribes (Interior)
  • Proposed Information Collection Activity; Tribal Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program Community Needs and Readiness Assessment Guidance and Implementation Plan Guidance (Office of Management and Budget#: 0970-0611) (HHS)
  • Submission for Office of Management and Budget Review; Administration for Native Americans Project Outcome Assessment Survey (Office of Management and Budget #: 0970-0379 (HHS)
  • Federal Baseline Water Quality Standards for Indian Reservations; Withdrawal of Proposed Rule (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

  • Alaska's arm-of-the-Tribe jurisprudence: Ito v. Copper River Native Association and its contribution to a more uniform system of justice in America.
  • Arizona v. Navajo Nation: A persistent legacy of broken promises.
  • Community justice workers: Part of the solution to Alaska's legal deserts.
  • From paternalism to self-determination: Examining evolving tribal-federal relationships and co-management arrangements through three case studies.
  • Hawaiʻi family court and bridging the misconnect.
  • State taxing power over tribal leasing activity: Balancing Bracker with the call to modernize.

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

This week, in brief:

  • Supreme Court upholds a North Dakota state house district on an American Indian reservation
  • Court of Appeals hears arguments against Line 5 tunnel project
  • California wildfires and climate solutions: a Klamath River perspective
  • Minnesota regulators require studies along possible routes before pipeline construction near sacred site
  • Fight for Native boys' remains on Army property tests strength of landmark federal law

Announcements

January 8, 2025

Indian Law Bulletins Updated 1/8/2025

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2025.html

  • Consumer Financial Protection Bureau v. CashCall, Inc., et al. (Consumer Financial Protection Act (CFPA); Tribal Incorporation)
  • Portland General Electric Company v. State of Oregon, et al. (Eminent Domain; Perpetual Cultural Practices Easement)
  • Lamkin v. Hutchinson, et al. (Section 1983; Tribal Sovereign Immunity; Entwined with the State)
  • Corrales v. Dutschke, et al. (Attorney Fee Agreement; Administrative Procedures Act (APA); Federal Tort Claims Act (FTCA))
  • United States, et al. v. Osage Wind, LLC, et al. (Trespass; Conversion; Damages)
  • WPX Energy Williston LLC v. Fettig, et al. (Tribal Court Jurisdiction; Allotments)
  • United States v. Levi (Restitution; Native American Healer Qualifications)
  • Crowe v. Idaho Dept. of Fish and Game (Section 1983; Treaty Hunting Rights)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2025.html

  • Palma v. Mohegan Tribal Gaming Authority (Negligence; Bifurcation)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2025.html

  • Held v. State of Montana (Montana Environmental Policy Act; Cultural Resources)
  • Humboldt Alliance for Responsible Planning v. California Coastal Commission; Bureau of Indian Affairs (California Coastal Act of 1976; Tribal Sovereignty)

U.S. Legislation - 119th Congress Bulletin
http://narf.org/nill/bulletins/legislation/119_uslegislation.html

  • H.R.42 - To amend the Alaska Native Claims Settlement Act to exclude certain payments to aged, blind, or disabled Alaska Natives or descendants of Alaska Natives from being used to determine eligibility for certain programs, and for other purposes.
  • H.R.43 - To amend the Alaska Native Claims Settlement Act to provide that Village Corporations shall not be required to convey land in trust to the State of Alaska for the establishment of Municipal Corporations, and for other purposes.
  • H.R.84 - To expand opportunity for Native American children through additional options in education, and for other purposes.
  • H.R.103 - To provide Members of Congress lawful access to certain Indian land to assess the security of the international boundary between the United States and Mexico located on that Indian land, and for other purposes.
  • H.R.165 - To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes.
  • H.R.226 - To take certain Federal lands in Tennessee into trust for the benefit of the Eastern Band of Cherokee Indians.

118th Congress:

  • S.5619 - A bill to authorize the Secretary of the Treasury to make payments to the Quapaw Nation and certain members of the Quapaw Nation in accordance with the recommendation of the United States Court of Federal Claims, and for other purposes.
  • S.5635 - A bill to amend the Energy Policy Act of 1992 with respect to the Department of Energy Tribal loan guarantee program, and for other purposes.
  • S.5636 - A bill to ensure progress toward the fulfillment by the Federal Government of its trust and treaty obligations to Native Americans and Tribal governments, and for other purposes.
  • H.R.10492 - To amend the Act of August 9, 1955 (commonly known as the "Long-Term Leasing Act"), to authorize leases of up to 99 years for land held in trust for the Mashpee Wampanoag Tribe and the Wampanoag Tribe of Gay Head (Aquinnah), and for other purposes.
  • H.R.10533 - To authorize the Secretary of Agriculture to administratively transfer covered parcels of National Forest System land to the Secretary of the Interior to be held in trust for the benefit of Indian Tribes.

Passed legislation:

  • Native American Child Protection Act / To amend the Indian Child Protection and Family Violence Prevention Act. - became Public Law No: 118-160 on 12/23/2024.
  • Jamul Indian Village Land Transfer Act / 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. - became Public Law No: 118-199 on 12/23/2024.
  • NACIE Improvement Act / National Advisory Council on Indian Education Improvement Act / A bill 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. - became Public Law No: 118-209 on 12/23/2024.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2025.html

  • Organization, Functions, and Delegations of Authority; Part G; Indian Health Service Headquarters, Office of the Director (HHS)
  • Receipt of Documented Petition for Federal Acknowledgment as an American Indian Tribe (Interior)
  • Tribal Consultation (NEA)
  • Proclaiming Certain Lands as Reservation for the Rincon Band of Luiseno Mission Indians of Rincon Reservation, California (Interior)
  • Land Acquisitions; Hopi Tribe, Coconino County and Navajo County, Arizona (Interior)
  • Request for Information: Child Nutrition Programs Tribal Pilot Projects (USDA)
  • Proclaiming Certain Lands as Reservation for Kickapoo Traditional Tribe of Texas (Interior)
  • Fiscal Year 2024 List of Programs Eligible for Inclusion in Funding Agreements Negotiated With Self-Governance Tribes by Interior Bureaus Other Than the Bureau of Indian Affairs; Fiscal Year 2025 Programmatic Targets (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

  • Addressing legal gaps: The case for more attorneys in tribal courts.
  • The Akwesasne black hole: America’s hidden border crisis.
  • Can Tribes get a receipt?: Seeking transparency for state spending of tribal tax dollars.
  • From Wounded Knee to Carlisle to SFFA: An Indigenous case for affirmative action.
  • Gwayak ateg onaakonigewi dibenjigewin: Decolonizing jurisdiction in Anishinaabe tribal courts.
  • Implementation of tribal consultation laws in California.
  • Justice beyond the state.
  • Not "Indian" enough: Freedmen, jurisdiction, and equal protection.
  • Protecting land on religious freedom grounds: The case of Oak Flat.
  • Protecting salmon and upholding the rights of nature against greenwashing in the Pacific Northwest.
  • Water security in the wake of Arizona v. Navajo Nation: How the president's emergency powers can provide a path forward for the Navajo Nation.

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

This week, in brief:

  • Biden designates two national monuments on tribal ancestral lands in California
  • A Tacoma Native student couldn’t wear a sacred tribal blanket to graduate. Now she’s suing
  • Q&A: Native American Rights Fund founder John EchoHawk on the 50th anniversary of the Indian Self-Determination and Education Act of 1975
  • MHA Nation and Native voters argue for voters' protections from politician gerrymandering
  • What’s next after the failed effort to secure Colorado River Basin water rights for tribes in Arizona?