Indian Law Bulletins Updated 4/26/2023

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Chicken Ranch Rancheria of Me-Wuk Indians v. California (Attorney Fees; Indian Gaming Regulatory Act)
• Kanam and Pilchuck Nation v. Haaland, et al. (Federal Recognition; Tribal Court Judgment)
• Greene, et al. v. United States (Oklahoma Criminal Convictions; Treaty of Washington; Limited Jurisdiction)
• Gilliland v. Barteaux et al. (Indian Civil Rights Act; Tribal Court Jurisdiction)
• Center for Biological Diversity, et al. v. U.S. Forest Service, et al. (Preliminary Injunction; Knotty Pine Project; Grizzly Bear)
• Mandan, Hidatsa and Arikara Nation v. United States Department of the Interior (Mineral Royalties; State Intervention)
• Alturas Indian Rancheria v. Newsom (Indian Gaming Regulatory Act; Good Faith Negotiation)
• Garcia, III v. Hobbs, et al. (Equal Protection; Racial Gerrymander)
• In re Gold King Mine Release in San Juan County, Colorado, on August 5, 2015 (Tort Damages; Restoration Costs)
• Eagle Bear, Inc. v. Blackfeet Indian Nation (Additional Discovery)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• In the Matter of S.J.W. (Indian Child Welfare Act)
• In re Manuel C. (Indian Child Welfare Act)
• M. Y. v. Texas Department of Family and Protective Services (Indian Child Welfare Act)
• In the Matter of 2021 Redistricting Cases (Legislative Redistricting)
• Friends of Oceano Dunes v. California Coastal Commission (Intervention; Regulatory Authority)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• S.1286 - A bill to amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering activities of the Confederated Tribes of Siletz Indians, and for other purposes.
• S.1287 - A bill to amend the Grand Ronde Reservation Act to address the hunting, fishing, trapping, and animal gathering activities of the Confederated Tribes of the Grand Ronde Community, and for other purposes.
• H.R.2762 - To remove administrative barriers to participation of Indian tribes in Federal child welfare programs, and increase Federal funding for tribal child welfare programs, and for other purposes.
• H.R.2783 - To establish an integrated research, education, and extension competitive grant program and scholarship grant program for certain Asian American Native American Pacific Islander-Serving agricultural institutions, and for other purposes.
• H.R.2839 - To amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians, and for other purposes.
• H.R.2850 - 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.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Approval and Promulgation of Air Quality Implementation Plan; Mohegan Tribe of Indians of Connecticut (EPA)
• Major Portion Prices and Due Date for Additional Royalty Payments on Gas Produced From Indian Lands in Designated Areas That Are Not Associated With an Index Zone (Interior)
• Elimination of the Tribal Non-Federal Share Requirement (HHS)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• After Brackeen: Funding tribal systems.
• Appellate courts: Stop accepting an "absurd" First Amendment analysis for Native Nations' sacred site destruction.
• Blood quantum and the ever-tightening chokehold on tribal citizenship: The reproductive justice implications of blood quantum requirements.
• Brackeen and the "domestic supply of infants."
• “The gold standard of child welfare” under attack: The Indian Child Welfare Act and Haaland v. Brackeen.
• Oklahoma v. Castro-Huerta--Rebalancing federal-state-tribal power.
• The promise at the end of the trail: Using McGirt to close the tribal enterprise performance gap.
• The Religious Freedom Restoration Act and Indian law: From individual advocacy to collective action.
• The role of environmental law in addressing the violent effects of resource extraction on Native women.
• Standing matters: Brackeen, Article III, and the lure of the merits.
• An unexpected challenge: The consequence of a limited tribal appellate caseload.

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

This week, in brief:

• Interior secretary visits WA in wake of boarding school revelations
• Judge denies state's effort to dismiss Indian education lawsuit
• Scramble for clean energy metals confronted by calls to respect Indigenous rights
• Walns settle lawsuit against school district over traditional graduation regalia
• San Carlos Apache take copper mine fight to United Nations
• Free, prior and informed consent ‘is more than just a checklist’
• SCOTUS hears arguments in bankruptcy case that has implications for doing business in Indian Country
• WA launches cold case unit for missing and murdered Indigenous people

Indian Law Bulletins Updated 4/19/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2022-2023update.html

• One petition for certiorari was granted on 1/13/23:
• Lac du Flambeau Band of Lake Superior Chippewa Indians v. Brian W. Coughlin (Tribal sovereign immunity from suit under the Bankruptcy Code)
• One petition for certiorari was filed on 3/28/23:
• Sauk-Suiattle Indian Tribe v. City of Seattle (Judicial futility doctrine and removal from state court to federal court)
• Two petitions for certiorari were denied on 3/20/23:
• Smith v. United States (Federal criminal jurisdiction of tribal citizen in Indian country)
• Sulgrove v. Spokane Indian Tribe (Article III standing and right the right of non-parties to appeal)
•  The Tribal Supreme Court Project published an Update Memorandum on February 23, 2023: https://sct.narf.org/updatememos/2022/02-22-2023.pdf

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2023.html

• Barton, et al. v. Office of Navajo and Hopi Indian Relocation (Administrative Procedure Act; Navajo and Hopi Indian Land Settlement Act of 1974)
• United States v. Buzzard (Major Crimes Act; Discovery; Cherokee Nation)
• United States v. Wilson (Major Crimes Act; Assimilated Child Abuse)
• Schemmer v. Crow (McGirt v. Oklahoma; Certificate of Appealability)
• In re Gold King Mine Release in San Juan County, Colorado, on August 5, 2015 (CERCLA; Natural Resource Damages)
• Turtle Mountain Band of Chippewa Indians, et al. v. Howe (Voting Rights Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2023.html

• In re Byrd (Cherokee Nation Election Commission)
• Priest v. Colville Confederated Tribes (Tribal Law and Order Act; Indian Civil Rights Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2023.html

• In re S.S. (Indian Child Welfare Act)
• In re Robert F. (Indian Child Welfare Act)
• Indigenous Lifeways v. New Mexico Compilation Commission Advisory Committee (Constitutional Amendment)
• Lustre Oil Company LLC v. Anadarko Minerals, Inc. and A&S Mineral Development Co., LLC (Tribal Sovereign Immunity; Economic Development)
• Interest of M.S.P. (Indian Child Welfare Act)

U.S. Legislation - 118th Congress Bulletin
http://narf.org/nill/bulletins/legislation/118_uslegislation.html

• H.R 2461 - San Juan Southern Paiute Tribal Homelands Act of 2023 / To ratify a Treaty between the San Juan Southern Paiute Tribe and the Navajo Nation, to provide for the creation of a reservation for the San Juan Southern Paiute Tribe, and for other purposes.
• H.R.2498 - To extend Federal recognition to the Nor Rel Muk Wintu Nation, and for other purposes.
• H.R.2519 - To support the education of Indian children.
• H.R.2535 - 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.
• H.R.2547 - To amend title III of the Public Health Service Act to extend funding for special diabetes programs for Indians.
• H.R.2687 - 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.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2023.html

• Extension of Public Interest, General Applicability Waiver of Build America, Buy America Provisions as Applied to Tribal Recipients of HUD Federal Financial Assistance: Extension of Public Comment Period (HUD)
• Land Acquisitions; the Samish Indian Nation, Washington (Interior)
• Definitions; Background Investigation for Primary Management Officials and Key Employees; Gaming Licenses for Primary Management Officials and Key Employees (Interior)
• Pacific Halibut Fisheries of the West Coast; 2023 Catch Sharing Plan and Recreational Management Measures (NMFS, NOAA)
• Copayment Exemption for Indian Veterans (Veterans Affairs)
• Special Tribal Criminal Jurisdiction Reimbursement (Justice)
• Land Acquisitions; Cayuga Nation, Cayuga County Parcels, Cayuga County, New York (Interior)
• Tribal Transportation Facility Bridge Program (Transportation)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2023.html

• We the (Native) people? : How Indigenous Peoples debated the U.S. / Ablavsky, Gregory & Allread, W. Tanner
• Intertribal : The unheralded element in indigenous wildlife sovereignty. / Berger, Bethany R.
• An intertribal business court. / Crepelle, Adam C.
• Feminist jurisprudence in tribal courts : An untapped opportunity. / Deer, Sarah
• The food distribution program on Indian reservations : Past, present, and future. / Doss, Samantha
• The journey home : The repatriation of the Maaso Kova. / Esterling, Shea
• Environmental justice and the transition from fossil fuels to renewable energy. / Hill, Barry E.
• The legacy of the right to control land and dependency. / Malloy, Kerri J.
• Beyond Brackeen : Active efforts toward antiracist child welfare policy. / Martin, Andrea
• Johnson v. M’Intosh, Wi Parata v. Bishop of Wellington, and the legacy of the Doctrine of Discovery in Aotearoa-New Zealand. / Ngata, Tina
• The color(blind) conundrum in Colorado property law. / Romero, Tom
• Legal violence and restorative justice. / Shackford-Bradley, Julie
• Ctr. for Biological Diversity v. United States Fish & Wildlife Serv. / Stapleton, Ali

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

This week, in brief:

• 'Our children deserve to be found;' The painful legacy of Native American boarding schools
• Michigan tribes, others file grievance with UN over Line 5 project
• New York State prohibits use of Native American names and logos in schools
• Ancestral lands to be returned from the City of Tucson to Tohono O’odham Nation
• Tribes, leaders celebrate Avi Kwa Ame national monument
• Oklahoma lawmakers advance bill to ensure Indigenous students' right to wear tribal regalia at graduation
• The largest global gathering of Indigenous leaders begins today at the UN. Here’s what you need to know
• States try to protect tribes' rights in child custody cases as Supreme Court weighs law
• White House report highlights voting barriers for Native American voters

Announcements:

• The Indian Law Bulletins are back and will be in your inbox most Wednesdays. If you'd like to catch up on earlier 2023 developments, visit each individual topic page or the news archives at https://www.narf.org/nill/bulletins/index.html. Please send any feedback to [email protected].