March 13, 2024

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 HawaiĘ»i’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.

March 6, 2024

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

February 28, 2024

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