Indian Law Bulletins Updated 9/29/2021

The Native American Rights Fund Boulder office is hiring for the open position of law librarian. The Native American Rights Fund Anchorage office is hiring for the open position of Alaska Fellow. Learn more about the vacancies at: https://www.narf.org/contact-us/join-team/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Navajo Nation v. Regan (Clean Water Act; Navigable Waters Protection Rule)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• In the Matter of D.J. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• One proposed bill was signed into law this week, on 9/24/21:
  • Public Law 117-41 - A bill to amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes.
• Two bills were introduced in the Senate this week:
  • S.2867 - A bill to clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act.
  • S.2874 - A bill to amend the Internal Revenue Code of 1986 to exclude from gross income payments under the Indian Health Service Loan Repayment Program and certain amounts received under the Indian Health Professions Scholarships Program.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• Alaska Native Corporation endowment models.
• Alaska's tribal trust lands: A forgotten history.
• Selective justice: A crisis of missing and murdered Alaska Native women.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• The Cherokee Nation has agreed to a $75M settlement with opioid distributors
• 'The first step is to understand what's there' -- Albuquerque mayor announces search for missing Indigenous children's remains
• BIA announces tribal climate resilience grants totaling $13.84 million awarded for FY 2021
• Following the coronavirus relief funds in Alaska
• The only Native American 'In America': Korina Emmerich is the only Indigenous designer included in the Met's new exhibition on American fashion
• Leading the way in vaccinations, Grand Traverse Band still aims higher
• Tribe wins major step toward resuming whaling off Washington
• Marilyn Vann becomes the first Freedman in Cherokee Nation government
• Muscogee Nation voters pass press protections
• Exploring the Afro-Indigenous experience

Indian Law Bulletins Updated 9/22/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html

• A petition for certiorari challenging McGirt v. Oklahoma was filed on 9/17/21:
  • Oklahoma v. Castro-Huerta (Criminal Jurisdiction; McGirt v. Oklahoma)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Brice v. Plain Green, LLC (Tribal Lenders; Tribal Law)
• Whalen v. Oglala Sioux Tribe Executive Officers (Tribal Elections; Tribal Sovereign Immunity)
• Maples v. Whitten (Habeas Corpus Petition)
• Evans Energy Partners, LLC v. Seminole Tribe of Florida (Tribal Sovereign Immunity; Contract Breach)
• Shade v. Department of the Interior (Allotments; Alaska National Interest Lands Conservation Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• State of Alaska v. Arctic Village Council (Voting Rights; Absentee Ballots)
• In the Interest of J.S., G.S., and I.F., Children (Indian Child Welfare Act)
• In re Hotchkiss (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.2757 - A bill to amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Indian Tribes and Tribal organizations to carry out supplemental nutritional assistance programs.
• H.R.5317 - To direct the Secretary of Veterans Affairs to carry out a program to provide technical assistance to States and American Indian and Alaska Native tribes for the development of veteran suicide prevention activities, and for other purposes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Deb Haaland signs Montana tribes water rights compact
• Tribal governments adopting vaccine mandates amid COVID-19 surges
• Native American communities submit New Mexico redistricting maps
• Two Oregon tribes chosen for federal crime data-sharing program
• Coalition of experts sound alarm on Line 5 pipeline's threats to tribal interests and climate change
• A key component of Peacemaking circle rests on foundation of trust and respect
• Call for submissions: WIPO photography prize for Indigenous peoples and local community youth 2021-2022
• Native Hawaiian education programs to receive $28 million in federal dollars
• Tribal solar projects provide more than climate solutions
• 'We're not going anywhere': Choctaw Freedmen cite history, ties to tribal nation in fight for citizenship
• Texas forced out nearly all Indigenous people. A new monument memorializes broken treaty
• 'Like auctioning off the Sistine Chapel': An auction house sold an Osage cave containing important prehistoric art for $2.2 million

Indian Law Bulletins Updated 9/15/21

The Native American Rights Fund Boulder office is hiring for the open position of law librarian. Learn more about the vacancy at: https://www.narf.org/contact-us/join-team/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html

• Additional petitions for certiorari challenging McGirt v. Oklahoma have been filed.
• Four petitions for certiorari were filed on 9/3/21:
  • Haaland v. Brackeen (Indian Child Welfare Act)
  • Cherokee Nation v. Brackeen (Indian Child Welfare Act)
  • Texas v. Haaland (Indian Child Welfare Act)
  • Brackeen v. Haaland (Indian Child Welfare Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Chase v. Andeavor Logistics, L.P. (Indian Country Trespass; Pipeline Development)
• Holguin v. Ysleta del Sur Pueblo (Tribal Sovereign Immunity; Law Enforcement Jurisdiction; Tribal Exhaustion Doctrine)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

• Interest of K.B. (Indian Child Welfare Act)
• Matter of D.A. (Indian Child Welfare Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• S.2728 - A bill to amend title VI of the Social Security Act to extend the coverage of Coronavirus Relief Fund payments to Tribal Governments.
• H.R.5221 - Urban Indian Health Confer Act
• H.R.5234 - To amend the Internal Revenue Code of 1986 to provide for elective payments to Indian tribal governments for energy property and electricity produced from certain renewable resources.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

• The tribal right to exclude others from Indian-owned lands.
• Impact of the coronavirus and federal responses on Indigenous peoples' health, security, and sovereignty.
• State v. Nobles: Chance to settle needless jurisdictional turbulence.
• The Supreme Court of Washington's broad interpretation of the "reason to know" standard in In Re Dependency of Z.J.G. and why a uniform, broad interpretation of the standard will lead to better outcomes.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• 6 things you should know about the 2021 Native American Voting Rights Act
• Cherokee Nation passes historic nearly $3 billion budget
• Chair Grijalva introduces the Urban Indian Health Confer Act to create parity for American Indians and Alaska Natives living in urban areas
• In 'This Land,' a custody tribal over Native children heads to the Supreme Court
• Southeast Alaska Indigenous Transboundary Commission receives Bureau of Indian Affairs tribal climate resilience funding
• Hundreds march in Pierre, demanding resignation of numerous South Dakota public officials for Indigenous erasure
• Native American women lose nearly $1 million to the pay gap over their careers--and COVID-19 could make the disparity worse
• Stronghearts Native Helpline releases one year sexual violence advocacy report
• 'We gave them a lot of authority to guide us': How the Native tribes of Oklahoma are helping shape the new First Americans Museum

Indian Law Bulletins Updated 9/8/21

The Native American Rights Fund Boulder office is hiring for the open position of water rights attorney. Learn more about the vacancies at https://www.narf.org/contact-us/join-team/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

• Minnesota Department of Natural Resources v. The White Earth Band of Ojibwe (Tribal Sovereign Immunity; Treaty Rights)
• Bartell Ranch LLC v. McCullough (Lithium Mining; Federal Land Policy and Management Act; National Historic Preservation Act)
• State of Texas v. Alabama Coushatta Tribe of Texas (Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act; Indian Gaming Regulatory Act)

U.S. Legislation - 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

• H.R.5160 - To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
• H.R.5193 - To provide payments to States and Tribal governments to support energy transition communities, and for other purposes.
• H.R.5195 - To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, 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/2021.html

• A national truth commission for Native Americans.
• When justice does not work: A solution focused approach to violence against Native women in Indian Country.
• Tribal pardons: A comparative survey.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

• Tribes file cert petition defending Indian Child Welfare Act before Supreme Court
• Indigenous, local communities key to successful nature conservation: study
• Federal court affirms health care as treaty right
• WSU nabs $250,000 grant for Indigenous-developed and -instructed clinical simulation space
• Culturally relevant financial education
• EPA and Justice Department reach settlement with Northern Cheyenne Utilities Commission to address Clean Water Act violations in Montana
• Oregon’s first tribal- and artist- preference housing nearly complete
• Native American tribes enforce mask mandates regardless of state bans
• A pioneering exhibit will showcase contemporary Indigenous architecture