Indian Law Bulletins Updated 3/27/2024

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

• Johnson, et al. v. AGS CJ Corporation (Tribal Gaming; Tribal Lease Agreements)
• United States v. Brady and Eastern Band of Cherokee Indians (Per Capita Distribution Garnishment)
• Walton v. Uprova Credit LLC, et al. (Economic Development; Tribal Lending; Tribal Sovereign Immunity)
• The Cherokee Nation et al. v. United States Department of the Interior et al. (Tribal Gaming; Certification of Parties; Question of State Law)
• Kwate v. Reece Construction Company (Tribally Chartered Corporation; Tribal Sovereignty; State Wage Laws)

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

• Interest of R.H. (Indian Child Welfare Act)

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

• S.4000 - A bill to reaffirm the applicability of the Indian Reorganization Act to the Lytton Rancheria of California, and for other purposes.
• H.R.7541 - United Houma Recognition Act of 2024 / To extend Federal recognition to the United Houma Nation, and for other purposes.
• H.R.7785 - To make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.
• H.R.7805 - To amend the Immigration and Nationality Act with respect to the right of members of a federally recognized Indian Tribe in the United States and First Nations individuals in Canada to cross the borders of the United States and to be considered lawfully admitted for permanent residence.

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

• Revised VA Tribal Consultation Policy and Directive 8603 (Veterans Affairs)

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

• The overlooked communities of forced displacement in the United States: Humanizing the relocation of Indigenous Tribes in the face of climate change.
• A questionable categorization - tradmark's struggle to protect Tribal cultural property.

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

This week, in brief:

• New NAGPRA rules: ‘We have an obligation to change’
• Great Lakes Fishing Decree: a new era of commercial fishing
• Covering the ‘complexity’ of federal Indian affairs
• California Tribe becomes the first to manage land with National Park Service
• Voting rights win in New Mexico: Navajo community gains equal opportunity at the polls

Indian Law Bulletins Updated 3/20/2024

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

• Soto Palmer, et al. v. Hobbs, et al. (Voting Rights Act; Redistricting)
• Fahy, et al. v. Minto Development Corporation, et al. (Economic Development; Tribal Lending; Tribal Sovereign Immunity)
• Ramos v. San Diego American Health Center (Indian Self-Determination and Education Assistance Act; Federal Tort Claims Act; Data Breach)
• Cordova v. Mendocino County Sheriff's Office (Public Law 280; Tribal Law Ordinances; Cannabis)

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

• South Point Energy Center LLC v. Arizona Department of Revenue (White Mountain Apache Tribe v. Bracker; Indian Taxation)
• State of Montana v. Malinda Crazymule (Criminal Jurisdiction)

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

• H.R.7663 - To amend title 40, United States Code, to include Indian Tribes among entities that may receive Federal surplus real property for certain purposes, and for other purposes.
• H.R.7684 - Udall Foundation Reauthorization Act of 2024 / To reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and for other purposes.
• S.Res.597 - A resolution recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States.

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

• Strengthening the Section 184 Indian Housing Loan Guarantee Program (HUD)
• Request for Information: Office of Head Start Tribal Programs (HHS)
• 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/currentlr.html

• Comparative frameworks for a human rights-based approach to psychedelics.
• Free exercise claims over Indigenous sacred sites: Justice long overdue.
• The impact of the Inflation Reduction Act on energy justice and green energy development in Indian Country.
• Remedying the insular cases: Providing Tribal sovereignty to unincorporated territories to ensure constitutional rights for all U.S. nationals and citizens.
• Tribal water sovereignty: Authorizing Indian water marketing in the Colorado Basin.

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

This week, in brief:

• Are we living up to our obligations to protect Native American rights and Tribal sovereignty? with John Echohawk [podcast]
• New Department of Interior opinion promises to recognize expanded Tribal jurisdiction in Alaska
• Organizations assist Native American voters as election year ramps up
• New NAGPRA rules: A sea change in federal regulations
• Indigenous student wins fight to wear eagle feather at Tennessee graduation

Indian Law Bulletins Updated 3/13/2024

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

• Biers v. Dentons US LLP, et al. (Notice of Tribal Law)
• Bear River Band of Rohnerville Rancheria, et al. v. California Department of Social Services, et al. (Standing; California Government Code section 11135; California Administrative Procedure Act)
• Barrientos v. Walker (Indian Self-Determination and Education Assistance Act; Federal Tort Claims Act)
• Corrales v. Dutschke, et al. (Compel Agency Action; Indian Self-Determination and Education Assistance Act)
• United States v. Veneno (Sixth Amendment Right to Public Trial; Authority to Criminalize Conduct of Indians on Tribal Land)

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

• Bissonnette v. Fort Peck Tribes (Right to Counsel)
• Charles v. Swinomish Tribal Community (Due Process)
• Fort Peck Tribes v. Jackson ("Indian status" Determination)

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

• Interest of A.P. (Indian Child Welfare Act)
• State of Oklahoma v. Steven Leon Fuller (Criminal Jurisdiction)

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

• S.3870 - Slip-on Tanks for Tribes Act of 2024 / A bill to amend the Infrastructure Investment and Jobs Act to expand eligibility for certain financial assistance for the acquisition of slip-on tanker units for wildland firefighting.
• S.3906 - A bill to set aside USDA rural housing funding for Indian Tribes.

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

• 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)
• Notice for Public Comment on Administration for Native Americans' Survey To Measure Native American Language Vitality (HHS)
• Advance Tribal Notification of Category 1 Quantities of Radioactive Material Shipments (Nuclear Regulatory 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/currentlr.html

• Biopiracy: Using new laws and databases to protect Indigenous communities.
• Hawaiian education in Hawaiʻi’s public schools: A path to reasonable access.
• Health care law - obligation of Indian Health Services to fund the administration of Tribe run health care services has expanded - San Carlos Apache Tribe v. Becerra, 53 F.4th 1236 (9th cir. 2022).
• Kala: Disentangling Kamehameha schools from the 2022 Federal Indian Boarding School Initiative Investigative Report while actualizing social healing through justice for its Kanaka Maoli students.
• Narrowing from below: How lower courts can limit Castro-Huerta.
• Reconciling Maoli interests in a haole forum: Limitations to the U.S. Department of the Interior’s consultation policy that undermine Native Hawaiian self-determination.
• Tribal court jurisdiction and the exhausting nature of federal court interference.

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

This week, in brief:

• Beyond acknowledgments, land grant universities make up some impressive ground
• The future of the Bureau of Indian Affairs
• Tribes and the feds will try to co-manage a national monument for the first time. Here’s what that could look like.
• Oklahoma court recognizes Wyandotte Reservation, criminal jurisdiction
• Unequal before the law: Native Americans serve astoundingly longer prison sentences — because they are Native.

Indian Law Bulletins Updated 3/6/2024

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

• Mandan, Hidatsa & Arikara Nation v. U.S. Department of the Interior (Administrative Procedure Act; Tribal Sovereignty)
• Whiteman v. Roundstone, et al. (Indian Civil Rights Act; Tribal Court)
• United States v. Pemberton (McGirt v. Oklahoma; Indian Country)
• Apache Stronghold v. United States, et al. (Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA); Religious Freedom Restoration Act (RFRA))
• Eagle Bear, Inc. v. The Blackfeet Indian Nation, et al. (Surety Bond; Tribal Court Jurisdiction)
• Lexington Insurance Company, et al. v. Smith, et al. (Tribal Court Jurisdiction)
• Berry v. United States (Trust Land Acquisition; Fee to Trust)
• Rosales, et al. v. The Roman Catholic Bishop of San Diego, et al. (Property Ownership; Tribal Sovereign Immunity; Indispensable Party)
• Duncan v. County of Humboldt, et al. (Indian Child Welfare Act)
• Mi Familia Vota, et al. v. Fontes, et al. (Civil Rights Act; National Voter Registration Act; Voting Rights Act)
• Alturas Indian Rancheria v. Newsom, et al. (Indian Gaming Regulatory Act (IGRA); Good Faith Negotiation)
• California v. Del Rosa (Tribal Sovereign Immunity; Civil Contempt)

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

• Kinnart v. Morrow (Removal of Sitting Elected Officials)

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

• S.3857 - A bill to take certain land in the State of California into trust for the benefit of the Jamul Indian Village of California, and for other purposes.
• H.R.7500 - To amend the Defense Production Act of 1950 to allow an Indian Tribe to request CFIUS review of certain transactions between the Indian Tribe and foreign persons, and for other purposes.
• H.R.7515 - To amend the Fair Credit Reporting Act to delay the inclusion in consumer credit reports and to establish requirements for debt collectors with respect to medical debt information of Native Americans due to inappropriate or delayed billing payments or reimbursements from the Indian Health Service, and for other purposes.
• H.R.7516 - 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.
• S.Res.573 - A resolution commemorating the 50th anniversary of the Boldt decision of 1974.

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

• The civilization canon: Common law, legislation, and the case of Hawaiian adoption.
• The consequences of mythology: Supreme Court decisionmaking in Indian Country.
• Indians - sovereign immunity: The U.S. Supreme Court's interpretation of the Bankruptcy Code.
• A look into NAGPRA: Application, issues, and the future.
• Reclaiming the airwaves: An analysis of claims to wireless spectrum by Tribal nations based on treaty obligations and the federal trust responsibility.
• Taking the land back: How to return stolen land to the Indigenous people of New York State through eminent domain.

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

This week, in brief:

• US circuit court rules against preservation of Oak Flats sacred site
• 30 Great Lakes Tribes urge the Biden administration to speak out against Enbridge Line 5
• Landmark deal offers Upper Basin Tribes a long-awaited foothold in Colorado River discussions
• Tribes from Alaska to Wisconsin will get millions of dollars for clean energy projects. Here’s how they’ll roll out
• Chinook Indian Nation land claim settlement awarded, nation could be closer to federal recognition