Indian Law Bulletins Updated 2/28/24

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

• Red Lake Band of Chippewa Indians v. Department of Health and Human Services, et al. (Indian Self-Determination and Education Assistance Act (ISDEAA))
• Mallard v. Howard and Rop (Religious Freedom Restoration Act; Religious Land Use and Institutionalized Persons Act (RLUIPA))
• Bitsuie v. Office of Navajo and Hopi Indian Relocation (Navajo and Hopi Indian Land Settlement Act of 1974; Administrative Procedure Act)
• United States v. Anderson (Criminal; Disqualification of Prosecutor)
• Puyallup Tribe of Indians v. Electron Hydro, LLC, et al. (Ripeness)
• Garren v. Dzurenda, et al. (Religious Land Use and Institutionalized Persons Act (RLUIPA))
• The Sovereign Natchez Nation, et al. v. Riverside County Department of Social Services-Children Protective Services, et al. (Indian Child Welfare Act (ICWA); Federal Recognition)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

• Colorado River Indian Tribes v. Alliant Insurance Services, et al. (Motion to Dismiss Order Appealability)
• Mazzetti, et al. v. Kolb, et al. (Enrollment; Tribal Sovereign Immunity; Exhaust Administrative Remedies)
• Muscogee (Creek) Nation v. Drake (Withdraw Plea; Manifest Injustice)
• Muscogee (Creek) Nation v. Wilson (Criminal Jurisdiction; Violence Against Women Act Reauthorization Act of 2022)
• Campos v. The People of the Grand Traverse Band of Ottawa and Chippewa Indians (Ineffective Assistance of Counsel; Sentencing)
• The People of the Grand Traverse Band of Ottawa and Chippewa Indians v. Gipson (Sentencing)
• Perrault v. GTB Housing (Eviction)
• O'Campo v. Twyman and Colorado River Indian Tribes (Eviction; Trust Land)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

• In re Samantha F. (Indian Child Welfare Act)
• In the Matter of the Dependency of: A.T. (Indian Child Welfare Act)

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

• S.3802 - A bill to make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

• Statement of Findings: Choctaw Nation of Oklahoma and the Chickasaw Nation Water Rights Settlement (Interior)
• Indian Child Welfare Act; Designated Tribal Agents for Service of Notice (Interior)
• Submission for Office of Management and Budget Review; Tribal Child Support Enforcement Direct Funding Requests: (Office of Management and Budget #0970-0218) (HHS)
• Proposed Information Collection Activity; Family Violence Prevention and Services Grants to States; Native American Tribes and Alaskan Native Villages; and State Domestic Violence Coalitions (Office of Management and Budget #0970-0280) (HHS)
• Reservation Economic Summit (RES) Tribal Consultation Notice (HHS)
• Subsistence Management Regulations for Public Lands in Alaska-Subpart B; Federal Subsistence Board Membership (Interior)
• Adoption and Foster Care Analysis and Reporting System (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/currentlr.html

• Getting the green light: Renewable energy as an internal Tribal matter.
• Missing the mark: How legislative adjustments to the disparagement clause could promote the revocation of trademarks for professional sporting teams referencing Native American culture.
• Separate, sovereign, and subjugated: Native citizenship and the 1790 Trade and Intercourse Act.
• A tangled web of jurisdiction: Oklahoma v. Castro-Huerta and the future of justice on the reservation.

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

This week, in brief:

• How Ute Tribes in Colorado resisted U.S. boarding schools
• Northwest Tribes, Washington and Oregon sign Columbia River salmon agreement at the White House
• Members, allies of Mohawk Nation protest land settlement talks in downtown Syracuse
• Native American Tribes gain new authority to stop unwanted hydropower projects
• South Dakota committee advances bill to enhance Native American voting rights

Indian Law Bulletins Updated 2/21/2024

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

• Phillips v. James, et al. (Tribal Sovereign Immunity; Tribal Exhaustion Rule)
• Puyallup Tribe of Indians v. Electron Hydro, LLC, et al. (Endangered Species Act)
• Cully Corporation, Inc. v. North Slope Borough, et al. (Alaska Native Claims Settlement Act; Continuing Trespass)
• Pakootas, et al. v. Teck Cominco Metals, Ltd. (CERCLA; Natural Resources Damages)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

• Tiffany South v. Police Chief Isaac Lujan and Police Captain Will Duran (Jurisdiction)

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

• S.Res.561 - A resolution designating February 16, 2024, as "National Elizabeth Peratrovich Day".

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

• Notice for Public Comment on Administration for Native Americans' Program Policies and Procedures (Health and Human Services)
• Civil Penalties Inflation Adjustments (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/currentlr.html

• Belonging and the right to belong.
• Confronting legacies of Indigenous injustice: Lessons from Sweden.
• Congressional trust responsibility and Tribal health care.
• Indian Child Welfare Act: Upheld by U.S. Supreme Court and enacted into state law.
• The law-of-nations origins of the Marshall Trilogy.
• Nevada Legal Services’s Indian Law Project: Serving Nevada’s Tribal communities.
• Nevada’s Tribal courts: Applicable laws, court rules, and contact information.
• The never-ending struggle for Tribal fishing rights.
• President’s message: An introduction to Nevada’s Tribes and the dynamics of Tribal law.
• Sovereignty, jurisdiction, and lands matter.

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

This week, in brief:

• Tribal courts can't prosecute non-Native drug suspects. Tribes say it's a problem
• Federal energy regulators deny permits for a controversial project on the Navajo Nation
• Increasing Tribal judicial transparency
• Book review: The dramatic story behind a court decision, told 50 years after it transformed Tribal and fisheries law
• WATCH: How one school is creating a culture of belonging for its Native American students

Indian Law Bulletins Updated 2/14/2024

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

Three petitions for certiorari were filed:

• Littlefield v. Department of the Interior (Land trust acquisitions under the Indian Reorganization Act)
• No Casino In Plymouth v. National Indian Gaming Commission (Land trust acquisitions under the Indian Reorganization Act; Indian Gaming Regulatory Act)
• West Flagler Associates v. Haaland (Online sports betting under the Indian Gaming Regulatory Act)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2024.html

• United States v. Sam (Garnishment; Per Capita Distributions)
• In Re Aqueous Film-Forming Foams Products Liability Litigation (Class Settlement; Tribal Guidance)
• Klamath Tribes v. United States Bureau of Reclamation, et al. (Water Rights; Endangered Species Act; National Environmental Policy Act)
• Legend Lake Property Owners Association Inc. v. United States Department of the Interior (Lands Into Trust; Administrative Procedures Act)
• Pakootas v. Teck Cominco Metals, Ltd. (Cultural Resources Damages)
• CHR Solutions, Inc. v. Gila River Telecommunications, Inc. (Tribal Sovereign Immunity; Tribal Corporation)
• United States v. Johnson (Criminal Jurisdiction; Tribal Court)
• United States v. Thompson (Indian Country Determination; Criminal Jurisdiction)
• Winnebago Tribe of Nebraska v. Thurston County, Nebraska (Voting Rights Act; Consent Decree)
• United States v. Simpkins (Indian Country Crimes Act)
• Spencer v. Saluskin (Tribal Court Jurisdiction; Tribal Sovereign Immunity)
• California v. Azuma Corporation (Tribal Sovereign Immunity; Tribal Corporation)
• United States v. Gila Valley Irrigation District (Intervention)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2024.html

• Bherwani v. Mohegan Tribal Gaming Authority (Lack of Standing; Wrongful Death)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2024.html

• Interest of C.J.B. (Indian Child Welfare Act)
• Matter of Dependency of A.T. (Indian Child Welfare Act)

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

• S.3789 and S.3790 - A bill to make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.
• S.3797 - A bill to amend the Indian Health Care Improvement Act to address liability for payment of charges or costs associated with provision of purchased/referred care services, and for other purposes.
• H.R.7102 - Native American Entrepreneurial Opportunity Act / To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
• H.R.7227 - To establish the Truth and Healing Commission on Indian Boarding School Policies in the United States, and for other purposes.
• H.R.7234 - To ensure that the National Advisory Council on Indian Education includes at least 1 member who is the president of a Tribal College or University and to require the Secretaries of Education and Interior to consider the National Advisory Council on Indian Education's reports in the preparation of budget materials.
• H.R.7240 - Fort Belknap Indian Community Water Rights Settlement Act of 2024 / To achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana for the Fort Belknap Indian Community of the Fort Belknap Reservation of Montana, and for other purposes.
• S.Res.544 - A resolution designating the week beginning February 5, 2024, as "National Tribal Colleges and Universities Week".
• H.Res.981 - Recognizing the importance of Tribal colleges and universities to the United States and expressing support for designating the week beginning February 5, 2024, as "National Tribal Colleges and Universities Week".
• H.Res.1010 - Supporting the designation of February 2024 as "Hawaiian Language Month" or "'Olelo Hawai'i Month".

U.S. Regulatory Bulletin
http://narf.org/nill/bulletins/regulatory/2024.html

• Older Americans Act: Grants to State and Community Programs on Aging; Grants to Indian Tribes and Native Hawaiian Grantees for Supportive, Nutrition, and Caregiver Services; Grants for Supportive and Nutritional Services to Older Hawaiian Natives; and Allotments for Vulnerable Elder Rights Protection Activities (HHS)
• Elimination of the Tribal Non-Federal Share Requirement (HHS)
• Implementing Rental Housing Assistance for the Native Hawaiian Housing Block Grant Program (HUD)
• National Tribal Colleges and Universities Week, 2024 (Presidential Proclamation)
• Proclaiming Certain Lands as Reservation for the Pascua Yaqui Tribe (Interior)
• Request for Comments on a Draft of Updated National Register Bulletin: Identifying, Evaluating, and Documenting Traditional Cultural Places (Draft TCP Bulletin) (Interior)
• Land Acquisitions; Pascua Yaqui Tribe, Eleven Parcels, Pima County, Arizona (Interior)
• Submission for Community Development Block Grant Program, Consolidated Plans, and Indian Community Development Block Grant Program Changes (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/currentlr.html

• ABA's Human Rights Magazine January 2024: Native American and Alaska Native Rights and Issues, which includes the article "The future of Native American civil rights" by John Echohawk.
• All homelands need Agua Caliente: Analyzing the impact of Arizona’s Gila III via the Hopi Tribe’s recommended decree.
• Banishing federal overstep: Why protecting Tribal sovereignty justifies a narrow reading of the Indian Civil Rights Act.
• Indigenous knowledge as evidence in federal rule-making.
• Putting the public back in the public trust doctrine: A reinterpretation to advance Native Hawaiian water rights.
• Seeding a movement: Indigenous food sovereignty.
• Shielding Tribal nations: How a prejudicial narrative and harmful rhetoric culminated into challenges to ICWA and what may loom ahead.

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

This week, in brief:

• Tribal nations often can’t access their own water. A new Colorado institute wants to help.
• Ignoring Indigenous rights is making the green transition more expensive
• Fifty years on, a case to uphold Indigenous rights resonates in the US
• Nebraska Tribes and Native voters come out on top in redistricting lawsuit
• Lincolnites and city reach settlement in Niskithe prayer camp land dispute