Indian Law Bulletins Updated 05/26/2023

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

One petition for certiorari was filed on 5/11/23:

• Klamath Irrigation District v. United States Bureau of Reclamation (Rule 19, Water Rights)

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

• Eagle Bear, Inc. v. Blackfeet Indian Nation (Additional Discovery)
• Slate v. Makes Cents, Inc. (Sovereign Immunity)
• McAlister v. Alaska (Racial Discrimination)

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

• S.1723 - A bill to establish the Truth and Healing Commission on Indian Boarding School Policies in the United States, and for other purposes.
• H.R.3403 - To amend part B of title IV of the Social Security Act to require States to comply with Federal standards established under the Indian Child Welfare Act of 1978.
• H.R.3427 - To extend Federal recognition to the Mono Lake Kutzadikaa Tribe, and for other purposes.
• H.R.3461 - To amend part B of title IV of the Social Security Act to require States to comply with Federal standards established under the Indian Child Welfare Act of 1978.
• H.R.3579 - 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.

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

• Notice of Intended Disinterment (Defense)

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

• Accountability for the harms of indigenous boarding schools: The challenge of "healing the persisting wounds" of "historic injustice".
• Beyond Indian Country: The sovereign powers of Alaska tribes without reservations.
• Bringing to light: Reflections on Professor Yamamoto's "Social Healing Through Justice" and the potential of the California Truth & Healing Council.
• Johnson v. M’Intosh: 200 years of racism that runs with the land.
• People ex rel. K.C. v. K.C.: ICWA is for all Native children.
• Pūpūkahi i holomua: Critical lessons of social healing through justice for Native Hawaiians redress in Canada and its human rights legacy.
• A social healing approach to Native Hawaiian claims: Law and resistance at Maunakea.
• Toward mutual recognition: An investigation of oral tradition evidence in the United States and Canada.

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

This week, in brief:

• Senator Warren revives Indian boarding school legislation with bipartisan support
• Bridging the information gap between tribes and the rest of California
• Biden administration pauses copper mining project on Oak Flat, a sacred Apache site
• At graduations, Native American students seek acceptance of tribal regalia
• The Supreme Court v. Peyote | More Perfect Podcast
• Who gets to adopt Native children?
• Montana TikTok ban brings questions about digital sovereignty
• State MMIP coordinator says initiative is growing in Alaska, Lower 48

Indian Law Bulletins Updated 05/17/23

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

• Sauk-Suiattle Indian Tribe v. Ryser (Indian Taxation; Motion to Dismiss)
• Hogshooter v. Cherokee Nation (Sovereign Immunity; Indian Civil Rights Act)
• Dakota Metal Fabrication v. Parisien (Tribal Employment Rights Ordinance; Indian Taxation)

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

• Papineau v. Cherokee Nation Election Commission (Cherokee Nation Election Commission)
• In re Hoskins, In re Watts (Cherokee Nation Election Commission)
• In re Comingdeer (Attorney's Fees; Cherokee Nation Election Commission)

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

• Taryn M. v. Department of Family & Community Services, Office of Children's Services (Indian Child Welfare Act)
• Jimmy E. v. State of Alaska, Dept. of Health & Social Serivces, Office of Children's Services (Indian Child Welfare Act)
• State of Oklahoma v. Brester (McGirt v. Oklahoma; Indian Country)

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

• S.1404 - Chaco Cultural Heritage Area Protection Act of 2023 / A bill to provide for the withdrawal and protection of certain Federal land in the State of New Mexico, and for other purposes.
• S.1536 - A bill to ensure that all federally recognized Indian Tribes that are eligible for gaming in the United States are regulated under the Indian Gaming Regulatory Act, and for other purposes.
• S.1546 - A bill to authorize the Secretary of Education to award grants to eligible entities to carry out educational programs that include the history of peoples of Asian, Native Hawaiian, and Pacific Islander descent in the settling and founding of America, the social, economic, and political environments that led to the development of discriminatory laws targeting Asians, Native Hawaiians, and Pacific Islanders and their relation to current events, and the impact and contributions of Asian Americans, Native Hawaiians, and Pacific Islanders to the development and enhancement of American life, United States history, literature, the economy, politics, body of laws, and culture, and for other purposes.
• S.1554 - A bill to grant a Federal charter to the National American Indian Veterans, Incorporated.
• S.1562 - A bill to ensure that Federal laws that enable Federal, State, and local law enforcement agencies to access firearms apply equally to Tribal law enforcement agencies.
• H.R.3047 - Apache County and Navajo County Conveyance Act of 2023 / To require the Secretary of Agriculture to convey certain lands within the Apache-Sitgreaves National Forest, and for other purposes.
• H.R.3144 - Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2023
• H.R.3188 - To authorize the Secretary of Education to award grants to eligible entities to carry out educational programs that include the history of peoples of Asian, Native Hawaiian, and Pacific Islander descent in the settling and founding of America, the social, economic, and political environments that led to the development of discriminatory laws targeting Asians, Native Hawaiians, and Pacific Islanders and their relation to current events, and the impact and contributions of Asian Americans, Native Hawaiians, and Pacific Islanders to the development and enhancement of American life, United States history, literature, the economy, politics, body of laws, and culture, and for other purposes.
• H.R.3235 - To grant a Federal charter to the National American Indian Veterans, Incorporated.
• H.R.3236 - To ensure that Federal laws that enable Federal, State, and local law enforcement agencies to access firearms apply equally to Tribal law enforcement agencies.
• H.R.3307 - To facilitate the expansion of broadband service to rural and Tribal communities through improved permitting efficiency, and for other purposes.
• H.R.3371 - 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.

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

• 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/2023.html

• Indigeneity in the public health surveillance maze.
• The intersection of language, law, and sovereignty: A Shawnee perspective.
• Mai kēia manawa ā mau loa aku: Kānaka Maoli governance through nearshore fisheries management in Moʻomomi.
• Mutual aid and Maunakea: Policing protests post-Flores.
• Protecting traditional and customary rights from cruel and unusual punishment: An argument to keep incarcerated Kānaka Maoli home.
• Silva v. Farrish: Second Circuit confirms exception to sovereign immunity for tribal claims relating to land and fishing rights.

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

This week, in brief:

• Resolution recognizing boarding school survivors becomes law
• EPA proposes mercury reductions for taconite plants after decades of urging from tribes
• Minnesota poised to close state park, return land to Dakota tribe
• Native American graduate forced to remove eagle feather from cap sues Oklahoma school
• Tribe proposes teaching border agents on culture
• Bills would ensure guardianship cases in tribal court are eligible for state assistance
• House Natural Resources Committee holds hearing on ICWA
• OCCA rules two more Oklahoma reservations fall under McGirt ruling

Indian Law Bulletins Updated 5/20/2023

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

• United States v. Peneaux (Domestic Abuse; Effect of Tribal Court Conviction)

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

• Kelek v. Cherokee Nation Entertainment, LLC (Mental Distress; Summary Judgment)
• In the Matter of K.E.L. (Right to Obtain Legal Counsel)
• In the Matter of L.F.H. (Custody Order; Abuse of Discretion or Misapplication of the Law)
• Fort Peck Tribes v. Ahneman (Dismissal With Prejudice; Right to Speedy Trial)

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

• In re E.W. (Indian Child Welfare Act)

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

• S.1492 - A bill to provide for the settlement of claims relating to the Shab-eh-nay Band Reservation in Illinois, and for other purposes.
• H.R.3097 - To amend the Bridgeport Indian Colony Land Trust, Health, and Economic Development Act of 2012 to remove the restriction on class II gaming on certain land in California.
• S.Res.194 - A resolution designating May 5, 2023, as the "National Day of Awareness for Missing and Murdered Native Women and Girls".

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

• Missing or Murdered Indigenous Persons Awareness Day, 2023 (Presidential Proclamation)
• Alaska Native Claims Selection (Interior)
• Federal Baseline Water Quality Standards for Indian Reservations (EPA)
• Section 184 Indian Housing Loan Guarantee Program; Reduction to the Upfront and Annual Loan Guarantee Fees (HUD)

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

• Abrogating tribal sovereign immunity via the bankruptcy code.
• Case law on American Indians.
• Dual taxation - unbalanced and arbitrary.
• Lost in translation: Absence of domestic implementation of international norms for the Indigenous Peoples of the United States.
• Native American intellectual property protection: Altering federal IP law and the Indian Arts and Crafts Act to aid tribal economic development.
• Oil, indifference, and displacement: An Indigenous community submerged and tribal relocation in the 21st century.
• "The past got broken off": Classifying "Indian" in the Indian Child Welfare Act.
• Searching for Indigenous truth: Exploring a restorative justice approach to redress abuse at the American Indian boarding schools.
• Toward a tribal role in groundwater management.

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

This week, in brief:

• 50 year fight for Native education leads to lawsuit against Montana Office of Public Instruction
• Riverbank erosion prompts Wisconsin band to ask for emergency shutdown of Line 5
• Odawa tribe in West Michigan continues fight for federal recognition
• California tribe teams up with state, federal agencies to protect endangered salmon
• Proposal would allow American Indian students in NC to wear feathers at graduation
• Biden declares May 5 'Missing or Murdered Indigenous Persons Awareness Day,' but challenges remain
• Tribal advocates secure settlement for local elections in North Dakota county
• The EPA extends federal protection to tribal waters

Indian Law Bulletins Updated 5/03/23

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

• United States v. Milk (Federal Criminal Jurisdiction; Major Crimes Act)
• Upper Skagit Indian Tribe v. Sauk-Suiattle Indian Tribe (Treaty Fishing Rights)
• Tule Lake Committee v. Federal Aviation Administration, et al. (Dismissal for Lack of Jurisdiction; Transfer of Property)
• King v. Calderin, et al. (Religious Land Use and Institutionalized Persons Act; Injunctive Relief)
• HCI Distribution, Inc. and Rock River Manufacturing, Inc. v. Hilgers, et al. (Tobacco Product Regulations; Indian Taxation)
• Old Bull v. United States (Tribal Sovereign Immunity; Tribal Officials)

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

• Fort Peck Tribes v. Lopez (Probable Cause)
• In the Matter of A.G. (Guardianship; Due Process)

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

• In the Matter of: N.D.M. (Indian Child Welfare Act)
• Santa Ynez Band of Chumash Mission Indians of Santa Ynez Reservation California v. Lexington Insurance Company (Contract of Property Insurance; COVID-19 Damages)

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

• S.1308 - A bill to amend the Indian Self-Determination and Education Assistance Act to extend the deadline for the Secretary of the Interior to promulgate regulations implementing title IV of that Act, and for other purposes.
• S.1322 - A bill to amend the Act of August 9, 1955, to modify the authorized purposes and term period of tribal leases, and for other purposes.
• S.1328 - A bill to clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act.
• H.R.2873 - To ensure all federally recognized Tribes that are eligible for gaming in the United States are regulated under the Indian Gaming Regulatory Act, and for other purposes.
• H.Res.353 - Expressing support for the designation of May 5, 2023, as the "National Day of Awareness for Missing and Murdered Indigenous Women and Girls".

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

• Asian American, Native Hawaiian, and Pacific Islander Heritage Month, 2023 (Presidential Proclamation)
• Final Priorities, Requirements, and Definitions-State-Tribal Education Partnership Program (Education)

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

• The effectiveness of an ICWA Court at achieving improved ICWA implementation and outcomes: A pre-post intervention study.
• Exploring Indian Child Welfare Act implementation and case outcomes.
• The Gladue approach: Addressing Indigenous overincarceration through sentencing reform.
• A human rights approach to cultural property: Repatriating the Yaqui Maaso Kova.
• The Indian Child Welfare Act during the Brackeen years.
• Integrating traditional ecological knowledge into US public land management: Knowledge gaps and research priorities.
• Johnson v. M’Intosh and the missing cover of the jigsaw puzzle.
• Laboratories of the future: Tribes and rights of nature.
• Looking for a system with its head and heart in balance: Using institutional analysis to assess Indian Child Welfare Act implementation in Saint Louis County, Minnesota.
• The power of tribal courts in ongoing environmental-tort litigation.
• Restoring Indian reservation status: An empirical analysis.
• The sacred and the profaned: Protection of Native American sacred places that have been desecrated.
• Uncircle the wagons: Reconciling Wyoming's regulatory tradition with the Eastern Shoshone's treaty-based off-reservation hunting rights.
• Water rights of public domain allotments.

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

This week, in brief:

• New podcast sheds light on abuses at Native American boarding schools: 'Justice needs to be served'
• Bill would enforce constitutional mandate to teach students about Native American cultures
• Kivalina fights climate disasters amid Arctic Sea ice loss and storms
• Who gets a say in tribal treaty hunting?
• Oklahoma governor vetoes tribal regalia bill
• How changing the United Nations will help Indigenous peoples and the world
• Oklahoma Supreme Court's opinion challenging parts of the Indian Child Welfare Act is flawed, experts say
• U.S. Department of Justice issues new guidelines for missing and murdered Indigenous people cases