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