September 27, 2023

Indian Law Bulletins Updated 09/27/23

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

  • Molinar v. Lumpkin (Religious Land Use and Institutionalized Persons Act of 2002)
  • Jensen v. EXC, Inc. (Tribal Jurisdiction)
  • E.J.T. v. Jefferson County, et al. (Section 1983; Tribal Sovereign Immunity)
  • Williams, et al. v. Big Picture Loans, et al. (Tribal Lending; Tribal Sovereign Immunity)
  • Darden v. Vines, et al. (Absolute Immunity)

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

  • Adoption of Leonard. (Indian Child Welfare Act)
  • In the Matter of A. R. T. (Indian Child Welfare Act)
  • In re AAS (Indian Child Welfare Act)

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

  • S.2868 - A bill to accept the request to revoke the charter of incorporation of the Lower Sioux Indian Community in the State of Minnesota at the request of that Community, and for other purposes.
  • S.2903 - Parity for Alaska Native and Native Hawaiian Students in Agriculture Act / A bill to amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to extend education grant programs for Alaska Native serving institutions and Native Hawaiian serving institutions, and for other purposes.
  • S.2908 - Indian Buffalo Management Act / A bill to assist Tribal governments in the management of buffalo and buffalo habitat and the reestablishment of buffalo on Indian land.
  • S.2912 - SNAP Tribal Food Sovereignty Act of 2023 / 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 nutrition assistance programs.
  • S.2927 - A bill to amend the Omnibus Public Land Management Act of 2009 to increase Tribal access to water conservation and efficiency grants, and for other purposes.
  • H.R.5660 - To provide for the protection of natural and cultural resources, Tribal collaborative management, sustainable economic development, enhanced recreation, and equitable access on Federal lands in eastern Imperial and Riverside counties, California, and for other purposes.
  • H.R.5669 - To provide that employees of tribally controlled schools are eligible to receive a pension under the Federal Employees Retirement System and to participate in the Thrift Savings Plan, and for other purposes.
  • H.R.5732 - To reaffirm and clarify the Federal relationships of the Grand River Bands of Ottawa Indians of Michigan as a federally recognized Indian tribe, and for other purposes.
  • S.Res.355 - A resolution recognizing the critical importance of access to reliable, clean drinking water for Native Americans and affirming the responsibility of the Federal Government to ensure such water access.

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

  • Climate change is forcing Indigenous communities to relocate with little assistance from the federal government - but Congress can make it easier?
  • Ethical marketing, cultural integrity, and consumer protection in Hawai'i.
  • Haaland v. Brackeen: The decision that threatened the Indian Child Welfare Act's protections of Native families in Illinois.
  • Humanity, race, and Indigeneity in criminal sentencing: Social change in America, Canada, Europe, Australia, and New Zealand.
  • Keeping "current" with the Idaho water adjudications.
  • Montana water: Establishing priority of water of the Flathead Reservation.
  • Native nations and tribal cultural property law.
  • Wolf law.

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

This week, in brief:

  • 'It’s happy sad': Two Oyate boys leave Carlisle, others left behind
  • Wounded Knee Massacre Bill passes the House of Representatives
  • The state of tribal co-management of public lands
  • LA's largest-ever land back an 'important step' in the movement
  • Class action payments go out to Little Shell, Chippewa Cree members

September 20, 2023

Indian Law Bulletins Updated 9/20/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

Three petitions for certiorari were filed:

  • Becerra v. Northern Arapaho Tribe (Indian Health Service "contract support costs")
  • Becerra v. San Carlos Apache Tribe (Indian Health Service "contract support costs")
  • Tingle v. Florida Dept. of Health (Equal Protection; Due Process; Inherent Powers Doctrine)

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

  • Amboh v. Duchesne County, et al. (Criminal Jurisdiction)
  • Pretends Eagle v. United States (Federal Tort Claims Act; 638 Contract)
  • United States v. Veneno (COVID-19 Courtroom Closure)
  • Bourassa v. United States (Federal Tort Claims Act; 638 Contract)

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

  • Interest of C.J.B. (Indian Child Welfare Act)
  • Seminole Tribe of Florida v. Webster (Sovereign Immunity)

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

  • S.2783 - Miccosukee Reserved Area Amendments Act / A bill to amend the Miccosukee Reserved Area Act to authorize the expansion of the Miccosukee Reserved Area and to carry out activities to protect structures within the Osceola Camp from flooding, and for other purposes.
  • S.2796 - A bill to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes.
  • S.2810 - Tribal Connect Act of 2023 / A bill to amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes.
  • H.R.5493 - Strengthening the Office of Tribal Relations Act of 2023 / To amend the Department of Agriculture Reorganization Act of 1994 to establish an Assistant Secretary of Agriculture for Tribal Relations, and for other purposes.
  • H.R.5494 - Tribal Connect Act of 2023 / To amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes.
  • H.R.5503 - To amend the Food Security Act of 1985 to include Indian Tribes in certain provisions relating to priority resource concerns.
  • H.R.5546 - 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.5553 - To extend Federal recognition to the Patawomeck Indian Tribe of Virginia, and for other purposes.

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

  • 2023 Tribal Consultation (National Endowment for the Arts)
  • Radio Broadcasting Services; Lac du Flambeau, Wisconsin (Federal Communications Commission)

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

  • Re-placing property.
  • SCOTUS: Tribal sovereign immunity abrogated through the code.
  • Strengthening NAGPRA.
  • Tribal infrastructure as a road to reclaiming sovereignty.
  • What is traditional medicine? A typology for operationalizing the World Health Organization definition.
  • What the trust? Overcoming barriers to renewable energy development in Indian Country.

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

This week, in brief:

  • Northern California health center first in nation to be designated a voter registration center on Tribal lands
  • Native American voters score victory in U.S. district court in Arizona
  • Ohio’s Hopewell Ceremonial Earthworks are nation’s newest UNESCO World Heritage site
  • Mount Evans is now Mount Blue Sky
  • Virginia congresswomen propose federal recognition of Patawomeck Indian Tribe

Announcements

September 13, 2023

Indian Law Bulletins Updated 9/13/2023

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2023-2024update.html

One petition for certiorari was filed on 9/5/23:

  • Klamath Irrigation District v. United States Bureau of Reclamation (Water rights; the McCarran Amendment)

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

  • Swinomish Indian Tribal Community v. Lummi Nation (Fishing Treaty Rights)
  • United States v. Klamath Drainage District (Tribal Water and Fishing Rights)
  • California v. Azuma Corporation, et al. (Ex parte Young; Prevent All Cigarette Trafficking (PACT Act))
  • Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence (Attorney Fees)
  • Gila River Indian Community, and San Carlos Apache Tribe v. Schoebroek (Water Rights)
  • United States, Puyallup Tribe of Indians, et al. v. Electron Hydro, LLC and Fischer (Clean Water Act)
  • Pueblo of Pojoaque and Buffalo Thunder, Inc. v. Biedscheid and Pena (Indian Gaming Regulatory Act; State Tort; Anti-Injunction Act)
  • Butler v. Salt River Pima Reservation Police (Tribal Sovereign Immunity)
  • Jamul Action Committee v. Department of the Interior, Office of Indian Gaming (Gaming Compact; Freedom of Information Act; Tribal Sovereign Immunity)
  • Chase, et al. v. Andeavor Logistics, L.P., et al. (Allotted Lands; Trespass)

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

  • In re Jerry R. (Indian Child Welfare Act)
  • In re V.C. (Indian Child Welfare Act)
  • Pitoitua v. Gaube (Tribal Sovereign Immunity)
  • Westlands Water District v. All Persons Interested (Resource Management)
  • In re N.F. (Indian Child Welfare Act)

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

  • Migratory Bird Hunting; Migratory Game Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands (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

  • Centering Mni Waconi in water law.
  • Does expanding tribal jurisdiction improve tribal economies: Lessons from Arizona.
  • Fighting fire with fire: How NEPA's emphasis on risk prevents prescribed burns and intensifies wildfire.
  • In the room where it happens: How federal appropriations law can enforce tribal consultation policies and protect native subsistence rights in Alaska.
  • Indian boarding school deaths and the Federal Tort Claims Act: A route to a remedy.
  • A mother's domicile in the Indian Child Welfare Act: In re adoption of B.B.
  • Navajo statehood: From domestic dependent nation to 51st state.
  • Property and more-than-human personhood.
  • Rights of nature in Hawaiʻi: Preserving the relationship between natural resources and cultural significance.

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

This week, in brief:

  • National Native American Boarding School Healing Coalition launches interactive map of United States’ 523 American Indian boarding schools
  • Dept. of the Interior cancels all oil and gas leases in the Arctic National Wildlife Refuge; protects 13 million acres in National Petroleum Reserve in Alaska
  • How the land back movement is unraveling manifest destiny
  • In renaming of Mount Evans, Colorado grapples with its violent territorial past
  • Tribal nations face less accurate, more limited 2020 census data because of privacy methods