Now Available: The United States Tribal Courts Directory, 4th Edition

Considered by many to be the best resource of its kind, The United States Tribal Courts Directory recently released its fourth edition.  This resource brings together a variety of useful information about the courts, including history, jurisdiction, contact information, administrative staff, and judges.  The new edition can be ordered at https://www.wshein.com/catalog/347540.

NILL added new content to 6 Indian Law Bulletins on 12/15

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.htmlPetition for certiorari was granted in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak which was consolidated with Salazar v. Patchak (Quiet Title Act, sovereign immunity). Petitions were recently filed in Ute Mountain Ute Tribe v. Padilla (severance tax) , Shavanaux v. United States (right to counsel) , Nielson v. Ketchum (tribal membership, Indian Child Welfare Act), Gustafson v. Estate of Poitra (jurisdiction) and Cavanaugh v. United States (uncounseled prior convictions in tribal court).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htmCases featured:
Northwestern Band of Shoshone v. United States (tribal trust funds)
Lower Brule Sioux Tribe v. United States (tribal trust funds)
Yakama Nation Housing Authority v. United States (reduction in Housing and Urban Development funding)
Brandt v. United States (railroad right of way)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htmMcCrary v. Ivanof Bay Village (federal recognition of Alaska Native tribes, tribal sovereign immunity)
State v. Comenout (selling cigarettes without a license, taxation)
Girod v. Kroger (state ballot measure on harvesting and selling salmon)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htmIn the "Health & Welfare" section we feature an article about a case brought before the U.S. Supreme Court relating to whether a federally recognized Indian tribe’s membership criteria determine whether a child is a “member” of that tribe for ICWA purposes.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
The following new bill was added: H.R. 3604: Alaska Native Veterans Land Allotment Equity Act.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htmWe feature an article discussing Indigenous peoples and right to free, prior, and informed consent within international law.

NILL added new content to 6 Indian Law Bulletins on 12/08

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Prairie Band of Potawatomi Indians v. United States (tribal trust funds)
Rosebud Sioux Tribe v. United States (tribal trust funds)
Muscogee (Creek) Nation of Oklahoma v. United States (tribal trust funds)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Stephen H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (termination of parental rights)
Yavapai-Apache Nation v. Iipay Nation of Santa Ysabel (loan agreement, tribal sovereign immunity)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
In the "Land & Water" section we feature an article related to federal legislation that allows tribal land development relating to national security to be approved without the consent of tribes.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
The following new bills were added: H.R. 3568 Native Culture, Language, and Access for Success in Schools Act; H.R. 1550 National Security and Federal Lands Protection Act; H.R. 3532 American Indian Empowerment Act of 2011; S. 1925 Violence Against Women Reauthorization Act of 2011; and H.R. 3496 America's Wildlife Heritage Act.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article discussing how federal jurisdiction over sexual predators on Indian reservations hobbles effective law enforcement.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature an adopted rule on the assumption of concurrent federal criminal jurisdiction in certain areas of Indian country.

FEMA Supports Stafford Amendment

Today, the Federal Emergency Management Agency (FEMA) announced their support for a legislative amendment to the Stafford Act to allow federally recognized tribal governments to choose whether to request emergency assistance directly from FEMA or to receive assistance under a declaration of a state (as they currently are required to do).  Read more about the proposed change in the FEMA press release or see the related FEMA memo.

Dept. of Interior Enacts Policy of Tribal Consultation

On December 1, Secretary of the Interior Ken Salazar and Assistant Secretary-Indian Affairs Larry Echo Hawk announced a Tribal Consultation Policy for the Department of the Interior.  The new policy provides guidelines for consulting with all tribes that might be affected by any change in departmental matters such as regulations, rulemaking, policy, guidance, legislative proposal, grant funding formula change, or operational activity that will directly affect those tribes.  See pictures of the signing ceremony  here. The policy is available here.

NILL added new content to 7 Indian Law Bulletins on 12/01

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.html
Petition was filed in San Carlos Apache Tribe v. United States (water rights) and denied in Lomas v. Hedgpeth (ineffective assistance of counsel) and Evans v. Wapato Heritage (trust funds).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Thorpe v. Borough of Jim Thorpe (Native American Graves and Repatriation Act (NAGPRA))
City of Duluth v. Fond Du Lac Band of Lake Superior Chippewa (Indian Gaming Regulatory Act (IGRA))

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
State ex rel. M.J. (Indian Child Welfare Act, termination of parental rights)
State v. Smith (jurisdiction, police "hot pursuit")

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
In the "Health & Welfare" and "Environment & Energy" sections we feature articles related to an attempt by the Obama administration to facilitate and expedite renewable energy projects and housing development in Indian country.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
Six new bills were added.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htmWe feature an article relating to a recent Navajo water rights settlement.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature proposed rules by the Obama administration to improve the approval process for renewable energy and housing projects in Indian country.

NILL added new content to 4 Indian Law Bulletins on 11/23/11

We are grateful to all of you who have supported NARF/NILL over the years! Look for a special opportunity to support the National Indian Law Library in the coming months.

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Wyandotte Nation v. Salazar (choice of court)
Coeur D'Alene Tribe v. United States (tribal trust funds, mismanagement)
Iowa Tribe of Kansas and Nebraska v. United States (tribal trust funds, mismanagement)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Seneca Nation of Indians v. State of New York (cigarette taxes)
In re Hunter W. (Indian Child Welfare Act)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature an article relating to a possible water dispute resulting from a Congressional bill aimed to stop casino development in Arizona.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article on applying the parens patriae standing doctrine to climate change-related claims brought by Native Nations.

NILL added new content to 6 Indian Law Bulletins on 11/17

For fun:
Will Jacoby Ellsbury win the American League MVP on November 21?  (This recognition would be in addition to the Gold Glove, Silver Slugger, and Comeback Player of the Year awards that he already has won this year!)  Read more about Elllsbury, who is a member of the Colorado River Indian Tribes and the first Native American of Navajo descent to make the Major Leagues in this recent article in Indian Country Today.

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.html
Petitions were filed in Salazar v. Patchak (tribal sovereign immunity), Ysleta del Sur Pueblo v. Texas (criminal sanction) and Cavanaugh v. United States (right to legal counsel).

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
Wells Fargo Bank, National Association v. Lake of the Torches Economic Development Corporation (tribal casino development corporation)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature an editorial in the "Environment & Energy" section relating to Obama's delay in making a decision on the Keystone Pipeline which would transport oil from Canada to the U.S.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article on promoting Indigenous innovation, enterprise, and entrepreneurship through the licensing of Indigenous assets and resources.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
This week we added two new bills: S. 1813 MAP-21 (Moving Ahead for Progress in the 21st Century) with language relating to tribal transportation programs, and H.R. 3334, the Northern Rockies Ecosystem Protection Act.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature a notice from the Bureau Of Indian Affairs regarding the deadline for submitting completed applications to begin participation in the Tribal Self-Governance Program in fiscal or calendar year 2013.

NILL added new content to 6 Indian Law Bulletins on 11/10

***The National Indian Law Library added new content to 6 Indian Law Bulletins on 11/10/11***  

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.html
Petitions for certiorari were filed in K2 America Corporation v. Roland Oil & Gas (jurisdiction, real property) and in Owen v. Weber (dependent Indian Community, jurisdiction).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
United States v. Native Wholesale Supply Co. (Fair and Equitable Tobacco Reform Act of 2004)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature an article in the "Tribal Jurisdiction" section relating to a NM tribe requiring tenants to prove they are not illegal immigrants.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature a short article on federal funding for tribal water rights settlements.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
This week we added four new bills including H.R.2362: Indian Tribal Trade and Investment Demonstration Project Act of 2011.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature proposed rules of the Internal Revenue Service regarding tribal governmental plans under the Employee Retirement Income Security Act (ERISA).

NILL added new content to all 7 Indian Law Bulletins on 11/3

Tribal Code Research:
Did you know the National Indian Law Library provides access to tribal laws?
NILL provides access to more than 240 tribal codes. Visit our Tribal Law Gateway to learn more.

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.html
A petition for certiorari was filed in Salazar v. Ramah Navajo Chapter (tribal contractor costs, Indian Self-Determination and Education Assistance Act.) and in Corboy v. Louie (Hawaii Homes Commission Act). Petition for cert. was denied in Gila River Indian Community v. Lyon (United States as a necessary party).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Los Coyotes Band of Cahuilla & Cupeno Indians v. Salazar (tribal law enforcement funding contract)
ERTC, LLC. v. Los Coyotes Band of Cahuilla and Cupeno Indians (lease agreement, eviction)
Alturas Indian Rancheria V. California Gambling Control Commission (intra-tribal dispute)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Janelle A. v. State, Dept. of Health & Social Services (termination of parental rights)
Oneida Indian Nation v. Hunt Const. Group, Inc. (casino, breach of construction contract)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature an article about an aggresive strategy submitted by U.S. Senator, Daniel Akaka to recognize Native Hawaiians.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature a short article on tribal criminal jurisdiction in Indian Country and Idaho.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
This week we added one new bill: S.1763: Stand Against Violence and Empower (SAVE) Native Women Act.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature a notice of the Department of Health and Human Services regarding the Administration on Children, Youth and Families and the award of five single-source expansion supplement grants to support expanded technical assistance activities in the field of child welfare.

NILL added new content to 7 Indian Law Bulletins on 10/27

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2011-2012update.htm
On October 27, a petition for certiorari was filed in Omaha Tribe of Nebraska v. StoreVisions, Inc. (tribal sovereign immunity)

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
A search has been performed through 10/27 and there have not been any new U.S. Court of Appeals cases discovered since the last update. For the most recent cases, please refer to our 2011 achive.

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Winnebago Tribe of Nebraska v. United States (federal recognition)
Wolfchild v. United States
La Cuna De Aztlan Sacred Sites Prot. Circle Advisory Comm. v. United States DOI (sacred sites)
Mishewal Wappo Tribe of Alexander Valley v. Salazar (federal recognition)
Desautel v. Dupris (tribal membership)
United States v. Washington (shellfish implementation plan)
Salton Sea Venture, Inc. v. Ramsey (fuel taxes)
Vann v. Salazar (Freedman, citizenship, voting rights)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Welfare of R.S. (Indian Child Welfare Act, transfer to tribal court)
In re E.P.F.L. (Indian Child Welfare Act, termination of parental rights)

* News Bulletin - find it at:
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature a 3 part series of articles on foster care in Indian country in the "Health and Welfare" section.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article relating to tribal courts and federal sentencing guidelines.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
This week we added two new bills: S.1724: School accountability Improvements Act. and S. 1739: Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2011.

NILL added new content to 7 Indian Law Bulletins on 10/20

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2011-2012update.htm
Petition for certiorari was filed in LaBuff v. United States (Major Crimes Act) and denied in Oneida Indian Nation v. County of Oneida (disposession of tribal lands), United States v. State of New York (Non-Intercourse Act), & Seneca Telephone Company v. Miami Tribe of Oklahoma (doctrine of tribal immunity).

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
United States v. LaBuff (Major Crimes Act, tribal jurisdiction)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Western Sky Financial, LLC v. Maryland Commissioner of Financial Regulation (tribal financial corporation)
Maryland Commissioner of Financial Regulation v. Western Sky Financial, LLC (tribal financial corporation)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Yavapai-Apache Nation V. Fabritz-Whitney (tribal water rights)

* News Bulletin - find it at:
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Land and Water" section, we feature articles on the Oneida land claim case that was pending in the U.S. Supreme Court.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article relating to the "existing indian family" exception to the Indian Child Welfare Act.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
This week we added three new bills including: S.676: A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.

NILL added new content to 7 Indian Law Bulletins on 10/13

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2011-2012update.htm
Petition for certiorari was filed in Lomas v. Hedgpeth (search and seizure) and denied in Newell v. U.S. (fraud).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Omaha Tribe of Nebraska v. United States (fiduciary duty)
Miller v. Wright (antitrust, taxation)
Cobell v. Salazar (appeal bond)
Alto v. Salazar (tribal membership)

* State Courts Bulletin - find case summaries and links to source documents at:
http://www.narf.org/nill/bulletins/state/currentstate.htm
In re D.S. (Indian Child Welfare Act, termination of parental rights)
Young v. Duenas (tribal sovereign immunity)
State v. Eriksen (jurisdiction)

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
This week we feature several proposed rules of the Indian Gaming Commission.

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Land and Water" section, we feature an article on a water rights settlement affecting the Taos Pueblo and the Navajo Nation.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article relating to climate-induced community relocation.
This week, in the "Land and Water" section, we feature an article on a debate regarding a U.S. Supreme Court land-into-trust ruling.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
This week we added H.R.3103 - The Indian Tribal Federal Recognition Administrative Procedures Act.