National Indian Law Library -- News

NILL added new content to 7 Indian Law Bulletins on 2/01

2012-02-01T14:24:00.000-07:00

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
United States v. Juvenile Male (Sex Offender Registration and Notification Act)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Rolling Frito-Lay v. Stover (tribal jurisdiction)
Dolgencorp Inc. v. Mississippi Band of Choctaw Indians (tribal jurisdiction)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Cases featured:
In re S.M.M.D. (Indian Child Welfare Act, tribal-state agreements)
David S. v. State Department of Health & Social Services (Indian Child Welfare Act, termination of parental rights)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
In the "Voting" section we feature an article on a suit by South Dakota Indians to obtain equal early voting opportunities.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article that provides tips on how to research tribal law.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature a final rule from the Department of Veterans Affairs regarding grants for tribal veterans cemeteries.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
H.R.3815: Elko Motocross and Tribal Conveyance Act was added.

New "Walking on Common Ground" website addresses tribal-state court cooperation

2012-01-27T16:03:00.001-07:00

The Tribal Law and Policy Institute launched the Walking on Common Groundwebsite to address tribal-state collaboration.

The website's focus will be to:

• Identifyand develop resources concerning tribal/state court collaboration &promising practices.

• Identifyand develop resources concerning Public Law 280 tribal/state courtcollaboration & promising practices.

• Includesubject areas such as courts, law enforcement, detention, child welfare, andmulti-agency agreements.

NCAI 2012 State of Indian Nations Address (1/26)

2012-01-26T16:22:00.000-07:00

“Our America:

I want to thank the Native service members andveterans who have joined us today. Many know the story of Indian Country-- the challenges we have faced, and the ones we face today. But very fewAmericans know the story of the hundreds of thousands of tribal members whohave served in the United States military, as far back as the RevolutionaryWar….” Read the full transcript or see a video of the address at the NCAI website.

NILL added new content to 6 Indian Law Bulletins on 1/25

2012-01-25T15:46:00.001-07:00

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
United States v. Juvenile Male (criminal jurisdiction, who is Indian)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Menominee Indian Tribe of Wisconsin v. United States (Health and Human Services contract)
United States v. Youngbear (valid search warrant)
Robinson v. Salazar (right of occupancy, recognized tribe)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Cases featured:
Bradley v. Bear (jurisdiction)
Carden v. Owle Construction, LLC (jurisdiction)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
In the "Environment & Energy" section we feature an article on a conflict in Wisconsin between a planned mine and preserving lands of cultural significance.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article describing criminal jurisdiction challenges that can make Indian country unsafe.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature a notice of public meeting of the National Advisory Council for Environmental Policy and Technology to begin developing recommendations to the Administrator regarding actions that EPA can take in response to the National Academy of Sciences Report on Incorporating Sustainability in the U.S. Environmental Protection Agency.

NILL added new content to 5 Indian Law Bulletins on 1/20

2012-01-20T13:28:00.001-07:00

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
South Dakota v. United States Department of Interior (transfer of land into trust for Indian tribe)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Winnemucca Indian Colony v. United States Department of the Interior (official tribal government)
Fritcher v. Zucco (tribal sovereign immunity)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Cases featured:
Martha S. v. State Department Of Health & Social Services, Office Of Children's Services (child custody, children in need of aid)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htmIn the "Environment & Energy" section we feature an article on a movement of Native American women to oppose the Keystone oil pipeline.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htmWe feature an article on jurisdiction of federal courts in tribal banishment disputes.

New edition of "Rights of Indians and Tribes"

2012-01-20T09:20:00.002-07:00

The new edition of The Rights of Indians and Tribes (Jan,2012) by Stephen Pevar is now available!

This book makes understanding Indianlaw easy for the student or layperson, but also includes valuable footnote references to primary andsecondary resources for the scholar. The Rights of Indians and Tribes is one of thetop five books used by the National Indian Law Library to help answer over 1,200Indian law-related questions each year.

This new edition also contains a forewordwritten by NARF’s executive director, John Echohawk.

See the flierfor more info.

NILL added new content to 5 Indian Law Bulletins on 1/11

2012-01-11T16:41:00.001-07:00

Need Indian law case briefs from the early 1970s to the early 1990s? Can't find them on PACER, Westlaw, or Lexis? The National Indian Law Library has case briefs from hundreds of cases from this time period. Contact the library or search the Internet catalog using case party names in the "title" field to see what we have.

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
The Shoshone Indian Tribe of the Wind River Reservation, Wyoming v. United States (U.S. fiduciary duty)
United States v. Bryant (jurisdiction)
United States v. Pecore (False Claims Act, fire mitigation project)
New Jersey v. Environmental Protection Agency (mercury emissions rules)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Dupris v. McDonald (wrongful arrest)
In re Krystal Energy Co. Inc. (Bankruptcy)
Wells Fargo Bank v. Maynahonah (jurisdiction, loans)
Saginaw Chippewa Indian Tribe of Michigan v. National Labor Relations Board (jurisdiction)
Osage Nation v. Wind Capital Group, LLC (wind energy, land use)
Crow Tribe of Indians v. Peters (mineral leases)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Cases featured:
Miccosukee Tribe of Indians of Florida v. Department of Environmental Protection (eminent domain)
Merrill v. Altman (guardianship, jurisdiction)
David S. v. State, Dept. of Health & Social Services, Office of Children's Services (Indian Child Welfare Act, termination of parental rights)
State v. Taylor (Native American Graves Protection and repatriation Act, NAGPRA)
In re K.H. (guardianship)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature a couple of articles on the current Court of Appeals case regarding using wastewater for snowmaking.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htmWe feature and article on the impact of climate change on Alaska Native subsistence rights.

NILL added new content to 3 Indian Law Bulletins on 1/06

2012-01-06T12:22:00.001-07:00

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.html
Petition for certiorari was granted in Salazar v. Ramah Navajo Chapter (Indian Self-Determination and Education Assistance Act) and was filed in Malaterre v. Amerind Risk Management (Indian housing, tribal sovereign immunity) and Beaulieu v. Minnesota (Public Law 280, jurisdiction).

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
The following bill became law: H.R.2055: Consolidated Appropriations Act, 2012 Summary: (appropriates funds for the Department of Veterans Affairs (VA) for: ...(6) the Native American Veteran Housing Loan Program.
The following new bills were added: H.R.3734: Sandia Pueblo Settlement Technical Amendment Act; S.RES.351: A resolution recognizing the accomplishments and commemorating the numerous achievements and contributions of the Alaska Native people over the past 40 years.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature a notice of tribal consultation meetings regarding how the current Statewide Automated Child Welfare Information System (SACWIS) affect tribes administering a Title IV-E program.

Now Available: The United States Tribal Courts Directory, 4th Edition

2011-12-15T16:22:00.000-07:00

Considered by many to be the best resource of its kind, TheUnited States Tribal Courts Directory recently released its fourthedition. This resource brings together a variety of useful informationabout the courts, including history, jurisdiction, contact information,administrative staff, and judges. The new edition can be ordered at https://www.wshein.com/catalog/347540.

NILL added new content to 6 Indian Law Bulletins on 12/15

2011-12-15T16:03:00.000-07:00

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.htmlPetition for certiorari was granted in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak which was consolidated with Salazar v. Patchak (Quiet Title Act, sovereign immunity). Petitions were recently filed in Ute Mountain Ute Tribe v. Padilla (severance tax) , Shavanaux v. United States (right to counsel) , Nielson v. Ketchum (tribal membership, Indian Child Welfare Act), Gustafson v. Estate of Poitra (jurisdiction) and Cavanaugh v. United States (uncounseled prior convictions in tribal court).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htmCases featured:
Northwestern Band of Shoshone v. United States (tribal trust funds)
Lower Brule Sioux Tribe v. United States (tribal trust funds)
Yakama Nation Housing Authority v. United States (reduction in Housing and Urban Development funding)
Brandt v. United States (railroad right of way)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htmMcCrary v. Ivanof Bay Village (federal recognition of Alaska Native tribes, tribal sovereign immunity)
State v. Comenout (selling cigarettes without a license, taxation)
Girod v. Kroger (state ballot measure on harvesting and selling salmon)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htmIn the "Health & Welfare" section we feature an article about a case brought before the U.S. Supreme Court relating to whether a federally recognized Indian tribe’s membership criteria determine whether a child is a “member” of that tribe for ICWA purposes.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
The following new bill was added: H.R. 3604: Alaska Native Veterans Land Allotment Equity Act.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htmWe feature an article discussing Indigenous peoples and right to free, prior, and informed consent within international law.

NILL added new content to 6 Indian Law Bulletins on 12/08

2011-12-08T12:27:00.001-07:00

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Prairie Band of Potawatomi Indians v. United States (tribal trust funds)
Rosebud Sioux Tribe v. United States (tribal trust funds)
Muscogee (Creek) Nation of Oklahoma v. United States (tribal trust funds)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Stephen H. v. State of Alaska, Department of Health & Social Services, Office of Children's Services (termination of parental rights)
Yavapai-Apache Nation v. Iipay Nation of Santa Ysabel (loan agreement, tribal sovereign immunity)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
In the "Land & Water" section we feature an article related to federal legislation that allows tribal land development relating to national security to be approved without the consent of tribes.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
The following new bills were added: H.R. 3568 Native Culture, Language, and Access for Success in Schools Act; H.R. 1550 National Security and Federal Lands Protection Act; H.R. 3532 American Indian Empowerment Act of 2011; S. 1925 Violence Against Women Reauthorization Act of 2011; and H.R. 3496 America's Wildlife Heritage Act.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article discussing how federal jurisdiction over sexual predators on Indian reservations hobbles effective law enforcement.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature an adopted rule on the assumption of concurrent federal criminal jurisdiction in certain areas of Indian country.

FEMA Supports Stafford Amendment

2011-12-07T12:03:00.001-07:00

Today, the Federal Emergency Management Agency (FEMA)announced their support for a legislative amendment to the Stafford Act toallow federally recognized tribal governments to choose whether to requestemergency assistance directly from FEMA or to receive assistance under adeclaration of a state (as they currently are required to do). Read moreabout the proposed change in the FEMA press releaseor see the related FEMA memo.

Dept. of Interior Enacts Policy of Tribal Consultation

2011-12-02T17:21:00.001-07:00

OnDecember 1, Secretary of the Interior Ken Salazar and AssistantSecretary-Indian Affairs Larry Echo Hawk announced a Tribal Consultation Policyfor the Department of the Interior. The new policy provides guidelinesfor consulting with all tribes that might be affected by any change indepartmental matters such as regulations, rulemaking, policy, guidance,legislative proposal, grant funding formula change, or operational activitythat will directly affect those tribes. See pictures of the signingceremony here. The policy is available here.

NILL added new content to 7 Indian Law Bulletins on 12/01

2011-12-01T15:13:00.001-07:00

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.html
Petition was filed in San Carlos Apache Tribe v. United States (water rights) and denied in Lomas v. Hedgpeth (ineffective assistance of counsel) and Evans v. Wapato Heritage (trust funds).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Thorpe v. Borough of Jim Thorpe (Native American Graves and Repatriation Act (NAGPRA))
City of Duluth v. Fond Du Lac Band of Lake Superior Chippewa (Indian Gaming Regulatory Act (IGRA))

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
State ex rel. M.J. (Indian Child Welfare Act, termination of parental rights)
State v. Smith (jurisdiction, police "hot pursuit")

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
In the "Health & Welfare" and "Environment & Energy" sections we feature articles related to an attempt by the Obama administration to facilitate and expedite renewable energy projects and housing development in Indian country.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
Six new bills were added.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htmWe feature an article relating to a recent Navajo water rights settlement.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature proposed rules by the Obama administration to improve the approval process for renewable energy and housing projects in Indian country.

NILL added new content to 4 Indian Law Bulletins on 11/23/11

2011-11-23T15:00:00.000-07:00

We are grateful to all of you who have supported NARF/NILL over the years! Look for a special opportunity to support the National Indian Law Library in the coming months.

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Wyandotte Nation v. Salazar (choice of court)
Coeur D'Alene Tribe v. United States (tribal trust funds, mismanagement)
Iowa Tribe of Kansas and Nebraska v. United States (tribal trust funds, mismanagement)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Seneca Nation of Indians v. State of New York (cigarette taxes)
In re Hunter W. (Indian Child Welfare Act)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature an article relating to a possible water disputeresulting from a Congressional bill aimed to stop casino development inArizona.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article on applying the parens patriae standing doctrine to climate change-related claims brought by Native Nations.

NILL added new content to 6 Indian Law Bulletins on 11/17

2011-11-17T15:47:00.001-07:00

For fun:
Will Jacoby Ellsbury win the American League MVP on November 21? (This recognition would be in addition to the Gold Glove, Silver Slugger, and Comeback Player of the Year awards that he already has won this year!) Read more about Elllsbury, who is a member of the Colorado River Indian Tribes and the first Native American of Navajo descent to make the Major Leagues in this recent article in Indian Country Today.

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.html
Petitions were filed in Salazar v. Patchak (tribal sovereign immunity), Ysleta del Sur Pueblo v. Texas (criminal sanction) and Cavanaugh v. United States (right to legal counsel).

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
Wells Fargo Bank, National Association v. Lake of the Torches Economic Development Corporation (tribal casino development corporation)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature an editorial in the "Environment & Energy" section relating to Obama's delay in making a decision on the Keystone Pipeline which would transport oil from Canada to the U.S.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article on promoting Indigenous innovation, enterprise, and entrepreneurship through the licensing of Indigenous assets and resources.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
This week we added two new bills: S. 1813 MAP-21 (Moving Ahead for Progress in the 21st Century) with language relating to tribal transportation programs, and H.R. 3334, the Northern Rockies Ecosystem Protection Act.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature a notice from the Bureau Of Indian Affairs regarding the deadline for submitting completed applications to begin participation in the Tribal Self-Governance Program in fiscal or calendar year 2013.

NILL added new content to 6 Indian Law Bulletins on 11/10

2011-11-10T17:12:00.001-07:00

***The National Indian Law Library added new content to 6 Indian Law Bulletins on 11/10/11***

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.html
Petitions for certiorari were filed in K2 America Corporation v. Roland Oil & Gas (jurisdiction, real property) and in Owen v. Weber (dependent Indian Community, jurisdiction).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
United States v. Native Wholesale Supply Co. (Fair and Equitable Tobacco Reform Act of 2004)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature an article in the "Tribal Jurisdiction" section relating to a NM tribe requiring tenants to prove they are not illegal immigrants.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature a short article on federal funding for tribal water rights settlements.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
This week we added four new bills including H.R.2362: Indian Tribal Trade and Investment Demonstration Project Act of 2011.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature proposed rules of the Internal Revenue Service regarding tribal governmental plans under the Employee Retirement Income Security Act (ERISA).

NILL added new content to all 7 Indian Law Bulletins on 11/3

2011-11-03T12:36:00.003-06:00

Tribal Code Research:
Did you know the National Indian Law Library provides access to tribal laws?
NILL provides access to more than 240 tribal codes. Visit our Tribal Law Gateway to learn more.

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/currentsct.html
A petition for certiorari was filed in Salazar v. Ramah Navajo Chapter (tribal contractor costs, Indian Self-Determination and Education Assistance Act.) and in Corboy v. Louie (Hawaii Homes Commission Act). Petition for cert. was denied in Gila River Indian Community v. Lyon (United States as a necessary party).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Los Coyotes Band of Cahuilla & Cupeno Indians v. Salazar (tribal law enforcement funding contract)
ERTC, LLC. v. Los Coyotes Band of Cahuilla and Cupeno Indians (lease agreement, eviction)
Alturas Indian Rancheria V. California Gambling Control Commission (intra-tribal dispute)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Janelle A. v. State, Dept. of Health & Social Services (termination of parental rights)
Oneida Indian Nation v. Hunt Const. Group, Inc. (casino, breach of construction contract)

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature an article about an aggresive strategy submitted by U.S. Senator, Daniel Akaka to recognize Native Hawaiians.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature a short article on tribal criminal jurisdiction in Indian Country and Idaho.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/currentleg.html
This week we added one new bill: S.1763: Stand Against Violence and Empower (SAVE) Native Women Act.

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
We feature a notice of the Department of Health and Human Services regarding the Administration on Children, Youth and Families and the award of five single-source expansion supplement grants to support expanded technical assistance activities in the field of child welfare.

NILL added new content to 7 Indian Law Bulletins on 10/27

2011-10-27T17:03:00.004-06:00

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2011-2012update.htm
On October 27, a petition for certiorari was filed in Omaha Tribe of Nebraska v. StoreVisions, Inc. (tribal sovereign immunity)

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
A search has been performed through 10/27 and there have not been any new U.S. Court of Appeals cases discovered since the last update. For the most recent cases, please refer to our 2011 achive.

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Winnebago Tribe of Nebraska v. United States (federal recognition)
Wolfchild v. United States
La Cuna De Aztlan Sacred Sites Prot. Circle Advisory Comm. v. United States DOI (sacred sites)
Mishewal Wappo Tribe of Alexander Valley v. Salazar (federal recognition)
Desautel v. Dupris (tribal membership)
United States v. Washington (shellfish implementation plan)
Salton Sea Venture, Inc. v. Ramsey (fuel taxes)
Vann v. Salazar (Freedman, citizenship, voting rights)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Welfare of R.S. (Indian Child Welfare Act, transfer to tribal court)
In re E.P.F.L. (Indian Child Welfare Act, termination of parental rights)

* News Bulletin - find it at:
http://www.narf.org/nill/bulletins/news/currentnews.htm
We feature a 3 part series of articles on foster care in Indian country in the "Health and Welfare" section.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article relating to tribal courts and federal sentencing guidelines.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
This week we added two new bills: S.1724: School accountability Improvements Act. and S. 1739: Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2011.

NILL added new content to 7 Indian Law Bulletins on 10/20

2011-10-20T14:54:00.002-06:00

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2011-2012update.htm
Petition for certiorari was filed in LaBuff v. United States (Major Crimes Act) and denied in Oneida Indian Nation v. County of Oneida (disposession of tribal lands), United States v. State of New York (Non-Intercourse Act), & Seneca Telephone Company v. Miami Tribe of Oklahoma (doctrine of tribal immunity).

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
United States v. LaBuff (Major Crimes Act, tribal jurisdiction)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Western Sky Financial, LLC v. Maryland Commissioner of Financial Regulation (tribal financial corporation)
Maryland Commissioner of Financial Regulation v. Western Sky Financial, LLC (tribal financial corporation)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Yavapai-Apache Nation V. Fabritz-Whitney (tribal water rights)

* News Bulletin - find it at:
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Land and Water" section, we feature articles on the Oneida land claim case that was pending in the U.S. Supreme Court.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article relating to the "existing indian family" exception to the Indian Child Welfare Act.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
This week we added three new bills including: S.676: A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.

NILL added new content to 7 Indian Law Bulletins on 10/13

2011-10-13T16:50:00.001-06:00

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2011-2012update.htm
Petition for certiorari was filed in Lomas v. Hedgpeth (search and seizure) and denied in Newell v. U.S. (fraud).

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Omaha Tribe of Nebraska v. United States (fiduciary duty)
Miller v. Wright (antitrust, taxation)
Cobell v. Salazar (appeal bond)
Alto v. Salazar (tribal membership)

* State Courts Bulletin - find case summaries and links to source documents at:
http://www.narf.org/nill/bulletins/state/currentstate.htm
In re D.S. (Indian Child Welfare Act, termination of parental rights)
Young v. Duenas (tribal sovereign immunity)
State v. Eriksen (jurisdiction)

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
This week we feature several proposed rules of the Indian Gaming Commission.

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Land and Water" section, we feature an article on a water rights settlement affecting the Taos Pueblo and the Navajo Nation.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article relating to climate-induced community relocation.
This week, in the "Land and Water" section, we feature an article on a debate regarding a U.S. Supreme Court land-into-trust ruling.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
This week we added H.R.3103 - The Indian Tribal Federal Recognition Administrative Procedures Act.

NILL added new content to 8 Indian Law Bulletins on 10/7

2011-10-07T10:20:00.004-06:00

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2011-2012update.htm
Petitions for certiorari were denied in Reed v. Gutierrez (sovereign immunity) and Navajo Nation v. Equal Employment Opportunity Commission (sovereign immunity, Civil Rights Act of 1964).

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
New Mexico ex rel. Reynolds v. Gutierrez (water rights)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Larimer v. Konocti Vista Casino Resort, Marina & RV Park (Fair Labor Standards Act)
Hopson v. TDCJ-CID (Religious Land Use and Institutionalized Persons Act)
Buxton v. United States (Federal Tort Claims Act)
Nez Perce Tribe v. United States (federal breach of trust)
Vann v. Salazar (Freedman, citizenship)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Storevisions, Inc. v. Omaha Tribe of Nebraska (tribal sovereign immunity)

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
This week we feature a proposed rule of the Environmental Protection Agency regarding Toxics Release Inventory (TRI) reporting for facilities located in Indian country and clarification of additional opportunities available to tribal governments under the TRI program.

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Land and Water" section, we feature an article on a water rights settlement affecting the Taos Pueblo and the Navajo Nation.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article relating to Indian reserved water rights.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
Two bills became law including Public Law No: 112-34. The Child and Family Services Improvement and Innovation Act which approves a Tribal Court Improvement Program.

NILL added new content to 7 Indian Law Bulletins on 9/29

2011-09-29T13:58:00.000-06:00

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
Confederated Tribes and Bands of the Yakama Indian Nation v. Gregoire (cigarette excise taxes)
* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Muwekma Ohlone Tribe v. Salazar (federal recognition)
Colombe v. Rosebud Sioux Tribe (casino management contract)
Cahto Tribe of the Laytonville Rancheria v. Dutschke (tribal enrollment)
Nisenan Maidu Tribe of the Nevada City Rancheria v. Salazar (fiduciary duty)
Native American Council of Tribes v. Weber (Religious Land Use and Institutionalized Persons Act)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
In re Melaya F. (Indian Child Welfare Act, transfer to tribal court)

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
This week we feature a notice from the Department of Interior regarding its intent to amend Bureau of Indian Affairs (BIA) Privacy Act system of records, and update the categories of individuals and records in the system, the authorities, routine uses, and policies and practices for records storage and disposition.

* News Bulletin - find it at:
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Environment & Energy" section, we feature an article on how climate change is affecting indigenous cultures around the world.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature articles relating to tribal courts in Nevada.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
Five new bills were added since the last update.

NILL added new content to 7 Indian Law Bulletins on 9/22

2011-09-22T16:35:00.000-06:00

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
Samish Indian Nation v. United States (jurisdiction of the United States Court of Federal Claims)
Southern Ute Indian Tribe v. Sebelius (self-determination contract)
Red Earth LLC v. United States (out-of-state taxes)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Washoe Housing Authority v. U.S. Department of Housing and Urban Development (Native American Housing Assistance and Self-Determination Act)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
In re G.D.J. (adoption without mother's consent)

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
This week we feature a notice from the Department of Interior regarding a list of programs eligible for inclusion in fiscal year 2012 funding agreements to be negotiated with self-governance tribes by Interior Bureaus other than the Bureau of Indian Affairs.

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, we feature a few artcles relating to the Cherokee Freedmen and tribal recognition/enrollment.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
We feature an article about the Native American Graves Protection and Repatriation Act and the Department of Interior's new rule.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
Six new bills were added and one bill became law since the last update, PL 112-30 The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012. (Among other things, it extends the apportionment of nonurbanized area formula grants for public transportation on Indian reservations.)

The American Jobs Act and Indian Country

2011-09-16T11:20:00.002-06:00

Recently, the White House outlined the ways that President Obama envisions the American Jobs Act specifically helping Native American populations that have been excessively affected by the recent economic downturn. Measures include tax cuts, extending unemployment insurance, and investing in infrastructure (including money allotted to Bureau of Indian Education-funded schools). See more details at the White House blog post.

NILL added new content to 6 Indian Law Bulletins on 9/15

2011-09-15T16:51:00.000-06:00

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2011-2012update.htm
Petitions for certiorari filed in Newell v. United States (jurisdiction) on August 29 , Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak (standing to sue) on August 25, 2011 and Evans v. Wapato Heritage (Individual Indian Money Account) U.S. payments to government contractors) on August 15, 2011 and in Seneca Telephone Company v. Miami Tribe of Oklahoma (tribal sovereign immunity) on August 10, 2011.

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Stillaguamish Tribe of Indians v. Pilchuck Group II. L.L.C. (sovereign immunity)
Alturas Indian Rancheria v. California Gambling Control Commission (gaming funds)
Winnemucca Indian Colony v. United States (official tribal government)
Fife v. Moore (tribal court jurisdiction)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Gustafson v. Estate of Poitra (jurisdiction)
In re Nathkesha (Indian Child Welfare Act, termination of parental rights)

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
This week we feature a notice from the Department of Health and Human Services regarding the final Administration for Children and Families (ACF) Tribal Consultation Policy.

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Tribal Jurisdiction" section, we feature an article about Idaho tribes looking to federalize their police to bridge jurisdiction gaps.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
Two new bills were found since the last update. S.1514: A bill to authorize the President to award a gold medal on behalf of the Congress to Elouise Pepion Cobell and S. 1549: The American Jobs Act.

NILL added new content to 5 Indian Law Bulletins on 9/01

2011-09-02T10:31:00.001-06:00

* U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2011-2012update.htm
Petitions for certiorari filed in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak (standing to sue) on August 25, 2011 and Evans v. Wapato Heritage (Individual Indian Money Account) U.S. payments to government contractors) on August 15, 2011 and in Seneca Telephone Company v. Miami Tribe of Oklahoma (tribal sovereign immunity) on Auguust 10, 2011.
* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
Miami Tribe of Oklahoma v. United States (gift of property to Tribe)
* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Jicarilla Apache Nation v. United States (trust funds)
* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
This week we feature a notice from the Department of Interior, Bureau of Indian Affairs on a scheduled meeting for the No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee.
* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Sacred Sites" section, we feature articles relating to a suit filed by the Hopi Tribe to block AZ ski area plan to expand snowmaking using waste water.
* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
This week we feature an article relating to Kansas criminal jurisdiction in Indian country.

Native Hawaiian Roll Commission Established

2011-08-29T12:56:00.000-06:00

Last month, Hawaii’s Governor Abercrombie signed a bill that recognizes Native Hawaiians as the indigenous people of Hawai’i and establishes a commission to create a roll of qualified Native Hawaiians. Legislators claim that this bill sets the framework for self-determination and increases the possibility of sovereignty. For more information see the governor’s press release as well as the legislative history of the measure.

NILL added new content to 6 Indian Law Bulletins on 8/24

2011-08-24T16:22:00.000-06:00

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
Blatchford v. Alaska Native Tribal Health Consortium (Alaska Native health consortium lien)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Attorney's Process and Investigation Services, Inc. v. Sac & Fox Tribe of the Mississippi in Iowa (jurisdiction, conversion of tribal funds)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Kelly v. Kelly (divorce, custody)
In re M.H. (Indian Child Welfare Act, transfer to tribal court)

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
This week we feature a notice from the Department of Interior, Bureau of Indian Affairs about adding land to the Bay Mills Indian Reservation.

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Land & Water" section, we feature articles relating to a law suit brought by Oklahoma tribes to halt future sales and exports of Southeastern Oklahoma water without agreement from the tribes.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
This week we feature an article relating to concurrent Tribal-State-Federal criminal jurisdiction in Kansas.

NILL added new content to 5 Indian Law Bulletins on 8/17

2011-08-17T15:59:00.000-06:00

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
Cases featured:
Fond Du Lac Band of Lake Superior Chippewa v. Frans (taxation, pensions)
Blue Lake Rancheria v. United States (Federal Unemployment Tax Act (FUTA) taxes)
United States v. Drapeau (jurisdiction)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Cases featured:
Alturas Indian Rancheria v. California Gambling Control Commission ("notice of levy," collection)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
Gustafson v. Estate of Poitra (jurisdiction)
Guardianship of H.C., Z.B. et al. (Indian Child Welfare Act, entitlement to counsel)

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
This week we feature proposed rules of the Department of Interior on class II Indian gaming.

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Health & Welfare" section, we feature an article relating to challenges of collecting child support from tribal members.

* U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/new_uslegislation.htm
This week we feature 1 new bill relating to the Surface Mining Control and Reclamation Act of 1977.

NILL added new content to 6 Indian Law Bulletins on 8/11/11

2011-08-11T12:43:00.000-06:00

* U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/currentcta.htm
United States v. Poitra (Sex Offender Registration and Notification Act)
K2 America Corporation v. Roland Oil and Gas, LLC (trust lands, federal jurisdiction)

* U.S. Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/currentdct.htm
Lummi Tribe v. Unites States (funding for federal housing)
Different Horse v. Salazar (distribution of funds for taking of the Black Hills)

* State Courts Bulletin
http://www.narf.org/nill/bulletins/state/currentstate.htm
In re S.H. (Indian Child Welfare Act, termination of parental rights)
The People v. Black Hawk Tobacco, Inc. (tobacco sales to non-Indians)

* Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/currentfr.htm
This week we feature a notice from the Department of Agriculture requesting comments on a draft report of the U.S.D.A and U.S. Forest Service on Native American Sacred Sites policies and procedures.

* News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.htm
This week, in the "Health & Welfare" section, we feature articles relating to solving violent crimes in Indian Country.

* Law Review & Bar Journal Indian Law Bulletin
http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm
This week we feature an article relating to revisiting Maine's Indian claims settlement acts in light of the United Nations Declaration on the Rights of Indigenous Peoples.

New Report Highlights the Impact of Climate Change on Indian Country

2011-08-04T11:40:00.000-06:00

As part of a collaborative effort, the National Wildlife Federation recently released Facing the Storm: Indian Tribes, Climate-Induced Weather Extremes, and the Future for Indian Country (available at www.nwf.org/news). The report details how North American Indian Tribes are especially harmed by severe weather events like drought, floods, wildfires, and snowstorms.

See a description NARF’s continuing work to address climate change as well as NARF’s internal sustainability policies.

New Federal Policy Calls for Collaboration to Improve Public Safety

2011-07-25T14:07:00.000-06:00

Visit the Department ofJustice Briefing Room to learn about a recent initiative to improve public safety in Indian Country. The policy calls for all U.S. Attorneys in districts containing Indian Country to establish tribal liaisons who, in consultation with tribes, would develop an operational plan to address elements such as communications, investigations, victim advocacy, and accountability and provide a blueprint for collaboration.

White House Launches Website for Native Americans

2011-06-29T16:07:00.000-06:00

The White House recently unveiled, Winning the Future: President Obama and the Native American Community, a website aimed at helping navigate the numerous federal agencies and policies related to Native Americans. Features include a resources page that lists federal offices that are responsible for serving Indian Country as well as the option to sign up for email updates. See the White House blog post announcing the new site.

Senate Hearing on The Indian Reorganization Act

2011-06-22T09:17:00.000-06:00

On Thursday, June 23, the US Senate Committee on Indian Affairs will be holding an oversight hearing on ”The Indian Reorganization Act - 75 Years Later: Renewing our Commitment to Restore Tribal Homelands and Promote Self-Determination." The webcast will be available from the committee website at that time.

Seeking Comments on Sacred Sites Procedure

2011-06-14T12:40:00.002-06:00

The USDA Office of Tribal Relations and the US Forest Service recently released a draft report related to Sacred Sites policy and language. This draft report incorporates recommendations received during tribal listening sessions held between November 2010 and April 2011. Currently, the Forest Service is soliciting comments on the draft report. Comments should be submitted by September 2011, and the final report to the Secretary of the USDA is scheduled to be completed by November 2011.

New National Tribal Toxics Committee to Advise EPA

2011-06-08T11:29:00.001-06:00

The National Tribal Environmental Council and U.S. Environmental Protection Agency (EPA) have partnered to form the National Tribal Toxics Committee (NTTC). This tribal committee will serve to advise the EPA on issues including how to best serve Indian Country with its chemical management and pollution prevention programs as well as how to address chemical exposures that may be unique to tribes and their members.

For more information see the EPA news release or the official page of the NTTC.

New book on employment law in Indian country

2010-12-02T09:24:00.002-07:00

Attorney Kaighn Smith Jr. and the Native American Rights Fund have teamed up on a new book covering labor and employment issues in Indian Country. This book is due out in January, 2011 but can be pre-ordered.
This title will fill a void in this important area of Indian law and is scheduled for periodic updates. See more information about the book at the Turtle Talk Blog.

Tribal Court's Authority Confirmed by U.S. Supreme Court

2010-10-05T10:10:00.003-06:00

Yesterday, the United States Supreme Court declined to hear the State's appeal in the case of Hogan v. Kaltag Tribal Council, thus effectively ending the case and clearly reinforcing the rule that tribal courts have authority to initiate and fully adjudicate children's cases.

See NARF's press release on this case.

See also case information at the National Indian Law Library's Supreme Court Bulletin.

NARF's 40th Anniversary Celebration to be held October 29th

2010-09-07T09:36:00.004-06:00

September 1, 2010 will mark 40 years since the Native American Rights Fund (NARF) opened its doors in 1970 to tackle a little known area of law – "Indian law" – that was composed of treaties, court decisions, federal statutes, regulations and administrative rulings. Forty years later, NARF has left its mark on over 250 tribes in 31 different states in establishing and protecting their sovereign rights. The survival and strengthened sovereignty of this nation's tribes are due, in no small measure, to the battles waged and won by NARF.

Please join us at our 40th Anniversary Celebration to be held October 29th, 2010 hosted by the Chickasaw Nation of Oklahoma and the WinStar World Casino in Thackerville, Oklahoma. Click here for event details and tickets!

Thank You 2010 NARF Summer Law Clerks

Each summer NARF hosts the summer clerkship program, a ten to twelve week program for second year law students. Law clerk projects consist mainly of legal research and writing. The projects are extremely challenging because NARF practices before federal, state, and tribal forums, and because most of its cases - whether at the administrative, trial, or appellate level - are complex and involve novel legal issues. This year the law clerk program was supported by the Confederated Tribes of Siletz Indians through the Siletz Tribal Charitable Contribution Fund, University of Denver-Sturm College of Law and the Ungar Foundation/Smith, Shelton, and Ragona LLC.

Meet the clerks who worked with us this summer : Daniel Cordalis, Shannon Michael, Mariah Thompson, Colleen Lamarre and Jaimie Park.

NILL Law Librarian Receives National Award for Public Service

David Selden, NILL Law Librarian, has been awarded the 2010 recipient of the Roy M. Mersky Spirit of Law Librarianship Award for Public Service Committee. The award, was created in order to give special recognition to individual law librarians engaged in significant acts of charitable work or community or social service. David was selected for this award for his commitment to environmental sustainability. " The primary focus of his work concerns encouraging communities, organizations and individuals to develop day to day practices that eliminate waste and reduce carbon emissions, " stated the award announcement. Read more about this award.

National Indian Law Library Receives Facelift from Local Volunteers

Over twenty members of the Boulder Valley Christian Church donated three weekends to give the National Indian Law Library a facelift. This 170 hour volunteer project included caulking, painting of the eaves, windows and trim and installing aluminum coverings on horizontal trim around the building. The Native American Rights Fund and the National Indian Law Library would like to thank these volunteers for their time and talent.

NARF Attorney Appointed as Colorado Indian Commission Member

Steve Moore, NARF staff attorney, will serve as an at-large member of the Colorado Commission on Indian Affairs (CCIA) for a one-year appointment.

Read the full story

Resources on the Tribal Law and Order Act 2010

2010-08-27T12:39:00.002-06:00

We have published a web page on the Tribal Law and Order Act. It includes summaries, analysis, commentary, and legislative history on the Act. This page will be updated on a regular basis - as new information becomes available. Please let us know if you have suggestions for additional resources to include on this page.

EPA Seeks Comments on Consultation Policy with Indian Tribes

2010-06-28T15:24:00.003-06:00

EPA Seeks Comments on Consultation Policy with Indian Tribes
Follow this link to information about opportunities to comment on and view a proposed policy. Telephone conferences are set for July 8 and 19.

Shinnecock Nation is Formally Recognized

2010-06-16T10:30:00.003-06:00

The Shinnecock Nation received official recognition on Tuesday, 6/15/2010 from the Federal Government. Read about this development in the articles listed below:

U.S. Recognizes and Indian tribe on Long Island, clearing the way for a casino (NYTimes) 6/15/10.

Shinnecock Tribe formally recognized by Federal Government (New York Magazine) 6/15/10.

Shinnecocks receive final word on federal recognition (Southampton Press) 6/15/10.

EPA Announces New Office of International and Tribal Affairs

2010-04-15T11:11:00.003-06:00

As reported by Indian Country Today 4/9/10:
Administrator Lisa P. Jackson, who has highlighted strengthening tribal partnerships as a top priority during her tenure, recently announced an internal restructuring that brings EPA’s international and tribal programs together under one umbrella organization called the Office of International & Tribal Affairs. This restructuring was initiated in response to a request from the tribes to reconsider the proper location of the American Indian Environmental Office....

Read more from Indian Country Today

2/17 - U.S. Dept. Justice Unveils Plan for Consultation with Tribes

2010-02-17T12:45:00.003-07:00

From a DOJ press release:

Justice Department Unveils Plan of Action for Consultation and Coordination with Tribes

Responds to Presidential Memorandum

The Justice Department today made public its plan of action, submitted to the Office of Management and Budget (OMB), to improve consultation and coordination between the Justice Department and tribal nations, as directed by President Barack Obama’s Memorandum on Tribal Consultation. The Presidential Memorandum, signed on Nov. 5, 2009, at the White House Tribal Nations Conference, directed each federal agency to submit to OMB within 90 days a plan of action to implement President Clinton’s Executive Order 13175 on Consultation and Coordination with Tribal Governments. The Justice Department’s plan was submitted to OMB on January 27, 2010.

See the plan at: http://justice.gov/opa/documents/exec13175-consultation-policy.pdf

State of Indian Nations Address - NCAI

2010-02-04T10:07:00.002-07:00

The National Congress of American Indian delivered their 2010 "State of Indian Nations Address" on 1/29/10. Find the text and link to webcast at: http://www.ncai.org/Home.477.0.html

Cobell Trust Fund Lawsuit Settles 12/8

2009-12-08T10:21:00.005-07:00

The Department of Interior announced today (12/8/09)the settlement of the long standing Cobell class action lawsuit.

For more information on this case see: www.indiantrust.com and http://www.narf.org/nill/resources/trustfunds.htm

Here is the settlement agreement.

New book: Navajo Courts and Navajo Common Law

2009-12-04T09:36:00.002-07:00

Just published:
Navajo Courts and Navajo Common Law: A Tradition of Tribal Self-Governance

For information on this title see Turtle Talk Blog.

Electronic ICWA book updated - cases added

2009-12-01T12:35:00.005-07:00

The Internet version of The Practical Guide to the Indian Child Welfare Act has been updated to include 61 new full-text cases through 8/1/09.
These new cases can be found at:
a) updates page
b) case index A-Z
c) FAQ Topic pages
d) State resources - cases

See the Scope of the Guide to learn what has been added to the Internet version since the print publication was published in 2007.

Presidential Memo - Tribal Consultation

2009-11-10T16:16:00.003-07:00

On November 5, 2009, President Obama issued a Memorandum for Heads of Executive Departments and Agencies Relating to Consultation with Tribes.

Indian Affairs won't recognize Little Shell Tribe

2009-10-27T11:38:00.000-06:00

See AP story.

Little Shell Band Recognition delayed until 10/27

2009-10-26T16:28:00.001-06:00

See short article about the delay at: greatfallstribune.com

NILL & Westlaw Work with Tribes to Improve Access to Tribal Law

2009-08-27T12:58:00.006-06:00

The Native American Rights Fund (NARF) is pleased to announce a new strategic alliance with West, a Thomson Reuters business. Under this alliance, NARF and West will work to improve access to Native American tribal law available through NARF's National Indian Law Library (NILL) and Westlaw, West's premier online legal research service. Select tribal law content will be editorially annotated by West for Westlaw and will be cross-linked to court opinions and other law on Westlaw when available. Unannotated tribal law will be freely available through the NILL website. Select materials may also be published in West print products and law books. Content will include tribal codes, ordinances, constitutions, and intergovernmental agreements. Read More

2009 List of Federally Recognized Tribes, 8/11/09

2009-08-11T17:06:00.001-06:00

The Department of Interior, Bureau of Indian Affairs has published "Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs." on 8/11/09.

The list includes 564 tribal entities in the contiguous 48 states and Alaska.

Two tribes have been added to the list since the last publication. Federal relations have been reestablished with Wilton Rancheria pursuant to a court-ordered settlement and government-to-government relations were reestablished with the Delaware Tribe of Indians through its reorganization under federal statute, the Oklahoma Indian Welfare Act. In addition, name changes and corrections have also been made.

See the notice on the Access GPO web site: PDF, Text.

New Edition - American Indian Law In a Nutshell

2009-06-24T15:02:00.002-06:00

The 2009 edition of American Indian Law in a Nutshell contains no drastic changes in terms of its organization (chapter titles, subsections, preface, or index). It still focuses on cases involving American Indians and Alaska Natives, generally leaving cases related to Native Hawai’ians out. The major update is Canby’s addition of a number of new law cases, which brings the book’s length to 548 pages (496 in the fourth edition). Canby accounts for the expansion of Indian case law by mentioning the “greatly increased economic activity of many tribes, particularly those engaged in gaming.” Most of the new cases are from recent years (since the publication of the previous edition in 2004), but some older cases are included as well. If you would like to purchase the book, you can follow this link.

Canby, William C. American Indian Law in a Nutshell. Fifth edition. St. Paul, MN:
Thomson/West, 2009.

New library materials feature education and taxation materials, among others

2009-05-11T11:36:00.002-06:00

Education : your guide to higher learning in Indian Country. 2008-2009. This year's edition includes articles on language preservation activities.
Indian taxation : a look at Indian tax cases through the prism of Atkinson Trading / Michael J. McIntyre. A presentation that is also available online at http://faculty.law.wayne.edu/mcintyre/text/Multistate_class/indian_tax2-print.pdf
Constitution : Standing Rock Sioux Tribe : approved April 24, 1959, with amendments through June 11, 2008. The Tribe has given permission to the Library to digitize this. Find it at http://www.narf.org/nill/Constitutions/standingrock/srconsttoc.htm
Ceremony comes home [videorecording]. About the Wintu Indians.
Native American veterans. An historical statistical publication from the United States. Dept. of Veterans Affairs. Office of Information Management and Statistics. Research Division. (1985).
34th annual FBA Indian law conference / Federal Bar Association, Indian Law Section.

New Legislation Bulletin

2009-04-24T15:19:00.008-06:00

On April 24, 2009, the Library launched a new Bulletin as part of its Indian Law Bulletin service. The U.S. Legislation Bulletin tracks selected federal Native American-related legislation from Congress. To read more about the Bulletin, visit http://narf.org/nill/bulletins/legislation/aboutlegislation.htm

To access the Bulletin, go to http://narf.org/nill/bulletins/legislation/new_uslegislation.htm

The purpose of the Indian Law Bulletins, a current awareness service, is to provide succinct and timely information about new developments in Indian Law. Access the Bulletins at http://narf.org/nill/bulletins/ilb.htm . You can also contact us to receive E-mail notification when new updates are published. Please specify if you wish to be notified when all or only selected bulletins have been published. (dselden@narf.org or by phone at (303) 447-8760).

New Tribal Supreme Court Project update available

2009-04-13T12:56:00.003-06:00

The Tribal Supreme Court Project April 9, 2009 Memorandum is now available.

"The Tribal Supreme Court Project is part of the Tribal Sovereignty Protection Initiative and is staffed by the National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF). The Project was formed in 2001 in response to a series of U.S. Supreme Court cases that negatively affected tribal sovereignty. The purpose of the Project is to promote greater coordination and to improve strategy on litigation that may affect the rights of all Indian tribes. We encourage Indian tribes and their attorneys to contact the Project in our effort to coordinate resources, develop strategy and prepare briefs, especially at the time of the petition for a writ of certiorari, prior to the Supreme Court accepting a case for review. You can find copies of briefs and opinions on the major cases we track on the NARF website."

Teacher Training Guides in Support of Land Based Curriculum Released

2009-04-07T08:30:00.001-06:00

The Tribal Education Departments National Assembly (TEDNA) and the Indian Land Tenure Foundation (ILTF) are pleased to announce the ILTF's land base curriculum, Lessons of Our Land and the supporting teacher implementation guides recently developed by TEDNA and Reinhardt & Associates. Grants are available from ILTF to implement the curriculum in your community, school or organization.

The ILTF curriculum, Lessons of Our Land was developed to offer quality Indian land tenure educational opportunities for Head Start, K-12, college, adult and community education, tribal leaders and Indian landowners. While this curriculum positions Native American tribal issues and values at the forefront, the curriculum framework places emphasis on the fundamental relationship between land and people in general, not just Native Americans. Whether you teach on an Indian reservation or in an urban school with students from many ethnic backgrounds, you will find lessons that are both timely and adaptable for each and every one of these students.

However, the primary goal of this curriculum is for all Indian students to become intellectually reconnected to the land and to internalize its significance to their past, present and future as sovereign and land based peoples. Through this curriculum, Indian allottees, their children and other family members who will inherit their land, and landless tribal members will acquire the knowledge necessary to achieve self-determination through informed and responsible decision making concerning land assets. The ILTF and TEDNA believe that successful implementation of this curriculum is one of the best ways to strengthen Native communities and prevent further loss of Indian lands.

With the assistance of Reinhardt & Associates, TEDNA has developed teacher implementation guides to support the ILTF curriculum in Head Start, K-12, college, adult and community education programs. Grant money is available to communities interested in utilizing the curriculum. For more information simply, send an email to info@tedna.org indicating your interest in learning more about the curriculum. TEDNA will send you the curriculum and the teacher training guides free of charge!

TEDNA is a nonprofit organization that supports Tribal Education Departments; it strives to increase tribal sovereignty over education by improving law and policy and sharing information with our membership. For more information about TEDNA, see www.tedna.org. The ILTF strives to return land within original reservation boundaries or of cultural significance back to tribal ownership. For more information about ILTF, see www.indianlandtenure.org.

Supreme Court Bulletin updates

2009-04-06T15:18:00.004-06:00

United States v. Navajo Nation (breach of trust, minerals) was decided.

Petitions were denied in: Coushatta Tribe of Louisiana v. Meyer , and Associates (sovereign immunity) and Catskill Development v. Harrah's Operating Company (gaming).

View the Bulletin at http://narf.org/nill/bulletins/sct/2008-2009update.htm

Indian Child Welfare

2009-04-02T08:38:00.013-06:00

The 30th anniversary of The Indian Child Welfare Act of 1978 was recently marked. For more information about the ICWA, see the following:

Recent law journal articles online:

Reparations, self-determination, and the seventh generation, by Lorie M. Graham. Harvard Human Rights Journal, Volume 21. Available at Harvard's web site: http://www.law.harvard.edu/students/orgs/hrj/iss21/47-104.pdf

The voice of the Indian child: strengthening the Indian Child Welfare Act through children's participation, by Barbara Ann Atwood. Arizona Law Review, Volume 50. Available at the University of Arizona's web site: http://www.law.arizona.edu/journals/ALR/ALR2008/VOL501/Atwood--FINAL.pdf

Civil procedure: narrowed lens, clearer focus: considering the use of de novo review in Indian child welfare proceedings - In re welfare of child of T.T.B.. , by Emily Bucher. William Mitchell Law Review, Volume 34, Number 4. Available at the William Mitchell College of Law's web site. http://www.wmitchell.edu/lawreview/Volume34/documents/7.Bucher.pdf

The Native American Rights Fund and the Library continue to update our Practical Guide to the Indian Child Welfare Act at http://www.narf.org/icwa. The Guide is intended to answer questions about the ICWA by people of all levels of familiarity with this important law, and to provide a comprehensive resource of information on the ICWA.

And the National Indian Child Welfare Association has recently posted materials about its upcoming conference: "Access to Prevention, Protection, and Treatment: A Matter of Fairness, Justice, and Action."

From http://www.nicwa.org/conference/:

"The Indian Child Welfare Act (ICWA) serves as a promising practice for serving Indian children and families and its role in strengthening tribal communities. The intent of Congress under ICWA was to ''protect the best interests of Indian children and to promote the stability and security of Indian tribes and families'' (25 U.S.C. § 1902). Tribal communities are strengthening and sustaining their traditional methods of protecting and nurturing Indian children."

Hawaii v. Office of Hawaiian Affairs (trust lands - Hawaii) was decided on 3/31/09

2009-03-31T12:47:00.001-06:00

* U.S. Supreme Court Bulletin - find it at: http://www.narf.org/nill/bulletins/sct/2008-2009update.htm

Wolfchild v. United States featured in U.S. Courts of Appeals Bulletin

2009-03-16T10:38:00.003-06:00

This week, we feature a case relating to the Interior Department and trust responsibility to Dakota descendants who were promised land in the late 1800s. U.S. Courts of Appeals Bulletin - find case summaries and links to source documents at: http://www.narf.org/nill/bulletins/cta/currentcta.htm

Wolfchild v. United States (Fiduciary accountability)

*Synopsis: Lineal descendants of Mdewakanton Sioux who were loyal to United States during 1862 Sioux Outbreak in Minnesota brought suit against United States for breach of fiduciary duty and contract in management of property originally provided for benefit of loyal Mdewakanton. The United States Court of Federal Claims, Charles F. Lettow, J., 62 Fed.Cl. 521, ruled that government had breached its fiduciary duties, and government filed interlocutory appeal.

Climate Change Report: final version released

2009-03-12T09:18:00.008-06:00

The final version of "Native Communities and Climate Change: Protecting Tribal Resources as Part of National Climate Policy : Report" has been released. The report was published by the Natural Resources Law Center at the University of Colorado Law School in conjunction with the Western Water Assessment at the University of Colorado. The author is Jonathan Hanna.

The executive summary, draft report, and final version are available from the Library's catalog.

Go to http://narf.org/nill/catalog/catalog.htm and click on "Search the catalog."

Type id=17484 into the search screen, or search by title "Native Communities and Climate Change" (include the quotes).

New memorandum from the Tribal Supreme Court Project

2009-03-12T09:16:00.003-06:00

The Tribal Supreme Court Project February 28, 2009 Memorandum is now available at http://narf.org/sct/updatememos/sctcaseupdates.html

"The Tribal Supreme Court Project is part of the Tribal Sovereignty Protection Initiative and is staffed by the National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF). The Project was formed in 2001 in response to a series of U.S. Supreme Court cases that negatively affected tribal sovereignty. The purpose of the Project is to promote greater coordination and to improve strategy on litigation that may affect the rights of all Indian tribes. We encourage Indian tribes and their attorneys to contact the Project in our effort to coordinate resources, develop strategy and prepare briefs, especially at the time of the petition for a writ of certiorari, prior to the Supreme Court accepting a case for review. You can find copies of briefs and opinions on the major cases we track on the NARF website
(www.narf.org/sct/index.html)."

Sex Offender Registration and Notification Act featured in the Indian Law Bulletins

2009-03-09T09:50:00.006-06:00

The Indian Law Bulletins were updated on March 6, 2009. Among the cases featured is United States v. Begay about sex offender registration (U.S. District Courts Bulletin). The Regulatory Bulletin features a notice from the Bureau of Indian Affairs relating to tribal reassumption of jurisdiction over child custody proceedings. Find the Bulletins -- new and archived editions -- at http://narf.org/nill/bulletins/ilb.htm

Online map resource for Indian reservations and other new items at the library:

2009-03-09T09:45:00.007-06:00

Find new items at the library easily by going to the online catalog home page: http://www.narf.org/nill/catalog/catalog.htm

Click on "search the catalog" and then on "new items."

Recently cataloged:

Federal lands and Indian reservations.
http://www.nationalatlas.gov/printable/fedlands.html
"These maps were designed for use on the World Wide Web or for generating high quality color prints. Each map shows the Federal Lands and Indian Reservations overlaid on top of State boundaries, selected streams and waterbodies, and major cities for easy reference. In addition, there is a map showing Federal Lands and Indian Reservations for the entire United States."

The four hills of life : Northern Arapaho knowledge and life movement / Jeffrey D. Anderson.

States and tribes: building new traditions : sustainable development : state and tribal initiatives / by Sia Davis. This is one of numerous publications by the National Conference of State Legislatures on relationships and partnerships between tribes and states.

Indian Law Bulletins updated at the end of January include:

2009-02-02T16:00:00.003-07:00

U.S. Supreme Court Bulletin -http://www.narf.org/nill/bulletins/sct/2008-2009update.htm . Petition for writ of certiorari was denied in Rodriguez-Martinez v. United States on 1/26/09 and filed in Cook v. Avi Casino Enterprises and California v. Cachil Dehe Band of Wintun Indians of the Colusa Indian Community on 1/22/09.

Federal Court of Appeals -- http://www.narf.org/nill/bulletins/cta/currentcta.htm . We feature a case relating to a State alleging that Indian tribe was operating Class III electronic games of chance on land located outside the boundaries of the tribe's reservation in violation of Indian Gaming Regulatory Act.

Tribal self-governance program

2009-01-21T08:43:00.001-07:00

The U.S. Regulatory Information Bulletin features a Department of Interior notice relating to the deadline for Indian tribes/consortia to submit completed applications to the Office of Self-Governance (OSG) to begin participation in the tribal self-governance program in fiscal year 2010 or calendar year 2010. Find this and other bulletins at http://www.narf.org/nill/bulletins/ilb.htm.

Petitions for writ of certiorari were denied in two cases

2009-01-21T08:41:00.002-07:00

Petitions for writ of certiorari were denied in both Roberts v. Hagener and South Fork Band v. United States on 1/12/09. Roberts deals with hunting regulations and South Fork Band deals with whether relief from void judgment must be raised within a reasonable amount of time.

Find the case information at the Supreme Court Bulletin.

NARF Legal Review: Summer/Fall 2008 issue now available

2009-01-16T11:06:00.003-07:00

The latest issue of NARF's semiannual newsletter, the NARF Legal Review, is now available at http://www.narf.org/pubs/nlr/nlr33_2.pdf This issue discusses:

Federal Court orders Alaska to provide language assistance to tribes.
NARF Attorney is one of four equal justice heroes to receive national awards at NLADA annual conference.
NARF Executive Director and two former NARF Attorneys named to Obama transition team.
Case updates.

Previous issues can be accessed online at http://www.narf.org/pubs/nlr/index.html or by contacting NARF's National Indian Law Library.

Gaming regulations, double jeopardy and more in the Indian Law Bulletins this week

2008-12-16T09:15:00.006-07:00

This week in the Indian Law Bulletins, we feature a case relating to Indian gaming regulations promulgated by the Department of the Interior, in the U.S. Trial Courts Bulletin: http://www.narf.org/nill/bulletins/dct/currentdct.htm

The U.S. Courts of Appeals Bulletin has a case relating to double jeopardy and federal prosecution: http://www.narf.org/nill/bulletins/cta/currentcta.htm

The Regulatory Bulletin contains a notice relating to National Indian Gaming Commission annual fee rates: http://www.narf.org/nill/bulletins/regulatory/currentfr.htm

You can find additional bulletins, including announcements of law journal articles and news stories, at http://www.narf.org/nill/bulletins/ilb.htm.

Tribal Supreme Court Project Update

2008-11-20T14:17:00.002-07:00

A new Tribal Supreme Court Project Update Memorandum has been posted at http://www.narf.org/sct/updatememos/sctcaseupdates.html

This week in the Indian Law Bulletins

2008-11-20T14:08:00.015-07:00

Petition for writ of certiorari was denied in Bodkin v. Cook Inlet Region Inc. on 11/17/08. This case dealt with age discrimination and Alaska Native regional corporation shareholders. Find the U.S. Supreme Court Bulletin at: http://www.narf.org/nill/bulletins/sct/2008-2009update.htm

Other features include:

A case relating to sovereign immunity of a manufacturer as an enterprise of a tribe. See the U.S. Courts of Appeals Bulletin at: http://www.narf.org/nill/bulletins/cta/currentcta.htm

A case where an administrator of a self-insurance risk pool is subject to jurisdiction of a tribal court. See the District Courts Bulletin at: http://www.narf.org/nill/bulletins/dct/currentdct.htm

A case where a member of a tribe was convicted of unlawful use of nets to take fish and, as part of sentence, was prohibited from owning gillnets during term of sentence, on and off reservation. See the State Courts Bulletin at: http://www.narf.org/nill/bulletins/state/currentstate.htm

In the U.S. Regulatory Bulletin is an adopted rule of the Department of Interior/Bureau of Indian Affairs relating to trust reform. http://www.narf.org/nill/bulletins/regulatory/currentfr.htm

In the Economic Development section of the News Bulletin, we feature a story about a tribe starting their own wireless company. http://www.narf.org/nill/bulletins/news/currentnews.htm

The Law Journal Bulletin includes an article on indigenous sovereignty in light of the UN Declaration on the Rights of Indigenous Peoples. http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm

Indian Law Bulletins Updated

2008-11-14T13:54:00.004-07:00

This week's U.S. Trial Courts Bulletin features a case relating to the RICO (Racketeer Influenced and Corrupt Organizations) Act: Southwest Casino and Hotel Corp. v Flyingman. Find case summaries and links to source documents at: http://www.narf.org/nill/bulletins/dct/currentdct.htm

The New Bulletin features stories relating to Native American Heritage month and a push for education reform. Find it at: http://www.narf.org/nill/bulletins/news/currentnews.htm

The Law Review & Bar Journal Bulletin includes an article about state taxation of tribal construction projects. Find it at: http://www.narf.org/nill/bulletins/lawreviews/currentlr.htm

National Native American Heritage Month

2008-11-14T13:50:00.006-07:00

From the Librarians' Index to the Internet: ""The Library of Congress, National Archives and Records Administration, National Endowment for the Humanities, National Gallery of Art, National Park Service, Smithsonian Institution and United States Holocaust Memorial Museum join in paying tribute to the rich ancestry and traditions of Native Americans" by providing links to material on Native Americans. Features links to collections and exhibitions, historic places, images, audio and video sources, and related material."

URL: http://www.loc.gov/topics/nativeamericans

New at the Indian Law Bulletins

2008-11-06T13:17:00.014-07:00

U.S. Supreme Court: Petition for writ of certiorari was filed in Roberts v. Hagener. This case relates to alleged violation of the Equal Protection Clause in Montana hunting regulations. http://www.narf.org/nill/bulletins/sct/2008-2009update.htm

U.S. Courts of Appeals: This week we feature Catskill Development v. Park Place Entertainment Corporation where a casino development group and land developer brought action against competitor alleging tortious interference with contractual relations and tortious interference with prospective business relationships in connection with development and management of Native American casino. http://www.narf.org/nill/bulletins/cta/currentcta.htm

U.S. Trial Courts Bulletin: This week we feature a case relating to a challenge to a tribal court search warrant in United States v. Wahtomy. http://www.narf.org/nill/bulletins/dct/currentdct.htm

State Courts: This week, we feature a case relating to child support in Cypress v. Jumper. http://www.narf.org/nill/bulletins/state/currentstate.htm

U.S. Regulatory information: This week we feature an announcement from the Department of Health and Human Services Announcement of funding awards for fiscal year 2008; Tribal Colleges and Universities Program. http://www.narf.org/nill/bulletins/regulatory/currentfr.htm

New in the Supreme Court

2008-11-03T15:19:00.002-07:00

Petitions for writ of certiorari were filed in two cases: Bodkin v. Cook Inlet Region, Inc., which deals with age discrimination and shareholder distributions, and Michigan Gambling Opposition v. Kempthorne, which deals with whether Congress’ delegation of authority to the Secretary of the Interior to acquire land for Indians is unconstitutional, and also whether the IRA authorizes the Secretary to acquire land in trust for Indian Tribes that were not recognized and under federal jurisdiction in 1934.

Read about the cases in the U.S. Supreme Court Bulletin - http://www.narf.org/nill/bulletins/sct/2008-2009update.htm - and the News Bulletin - http://www.narf.org/nill/bulletins/news/currentnews.htm.

In the Indian Law Bulletins this week:

2008-10-24T15:32:00.007-06:00

A case against the United States alleging trust mismanagement and a failure to properly account for trust funds. Federal Trial Courts
A case relating to termination of parental rights under the Indian Child Welfare Act. State Courts
A notice from the Secretary of the Interior announcing the Department's intent to form a negotiated rulemaking committee to develop recommendations for proposed regulations regarding Bureau of Indian Education (BIE)-funded school facilities under the No Child Left Behind Act of 2001. Regulatory bulletin
News relating to the current state of the Indian Health Service in the "Health & Welfare" section of the News Bulletin.

Navajo Nation Code Available at Reduced Rate

2008-10-21T15:47:00.002-06:00

The Navajo Nation Office of Legislative Council has announced a deep discount on the cost of the 4 hardbound volumes of the Navajo Nation Code. You can purchase the code for $150.00 plus shipping and tax. In addition, the CD-Rom version of the code is available for only $50.00 plus shipping and tax.

Contact the Office of Legislative Council to purchase a copy or for additional information at: 928-871-7166.

New content posted in the following NILL Indian Law Bulletins

2008-10-17T15:06:00.016-06:00

U.S. Supreme Court Bulletin - find it at: http://www.narf.org/nill/bulletins/sct/2008-2009update.htm . Petitions for writ of certiorari were filed in two cases relating to possession of eagle feathers: Friday v. United States and Rodriguez-Martinez v. United States.

U.S. Trial Courts Bulletin - find it at: http://www.narf.org/nill/bulletins/dct/currentdct.htm . This week we feature the Alaska v. Federal Subsistence Board case granting residents of a rural community in Southeast Alaska a customary and traditional use determination (C & T determination) for moose.

News Bulletin - find it at: http://www.narf.org/nill/bulletins/news/currentnews.htm . Check out news stories relating to the federal government turning over federal land to the Pechanga Tribe in California for use as a wildlife preserve.

U.S. Supreme Court: 5 Indian Law Cases Denied Review on 10/06/08.

2008-10-08T08:03:00.004-06:00

On 10/06/08, petitions for writ of certiorari were denied in South Fork Band v. United States, Matheson v. Gregoire, Klamath Tribes of Oregon v. PacificCorp, Kemp v. Osage Nation, and Kickapoo Traditional Tribe of Texas v. Texas.

Our Supreme Court Bulletin is at http://www.narf.org/nill/bulletins/sct/2008-2009update.htm

Indian Law Bulletins updated

2008-10-03T10:26:00.015-06:00

This week we feature:

U.S. Supreme Court: On 10/1/08, petitions for writ of certiorari were granted in United States v. Navajo Nation and Hawaii v. Office of Hawaiian Affairs and Ho-Chunk v. Wisconsin was dismissed under rule 46.

Federal Court of Appeals: A case decided on 9/24/08 relating to an arrest of tribal members on tribal land and the sale of cigarettes.

Federal Trial Courts: A case relating to a Native American defendant who was charged with conspiracy to defraud United States.

State Courts: A case decided on 9/29/08 in Louisiana relating to suit by an Indian tribe against an engineering firm for damages related to various contracts concerning an electric power plant.

News: A story published on 9/19/08 on U.S. legislation that would impact the Indian tobacco industry.

Great Resources for Current Events Research

2008-08-11T11:31:00.008-06:00

For students and others who are doing current events research, some excellent resources exist at the Library's web site:

Listen to NARF Attorneys on Native America Calling -- Previous interviews with NARF Attorneys are now cataloged at http://www.narf.org/nill/catalog/catalog.htm Search by the phrase "Native America Calling" in our online catalog (Search or Advanced screens).

Review the Indian Law Bulletins weekly, especially the News, at http://www.narf.org/nill/bulletins/ilb.htm The Bulletin is a current awareness service (free) that tracks cases and news in Indian Country.

Read the NARF Legal Reviews at http://www.narf.org/pubs/nlr/index.html

New Tribal Law Added to Westlaw

2008-07-02T10:39:00.006-06:00

In a recent interview, Thomson West says they are committed to increasing access to tribal law. In the past couple of months, they have added annotated tribal court opinions from the Mashantucket Pequot Tribal Court as well as the Mashantucket Pequot Court of Appeals to the Westlaw databases and are also offering the cases in print reporters. The coverage is from Vol. 1 (1992) – present. The database identifier is: MASHPQ-CS and a description of the print copy can be found at: http://west.thomson.com/productdetail/146855/40704092/productdetail.aspx

Thomson West reports that they have contracts with several other tribes to publish their tribal court opinions and codes in both print and on Westlaw. This new content will complement the Oklahoma tribal and CFR court opinions (OKTRIB-CS database) that have been available on Westlaw for many years.

Search, Track the BIA in the Federal Register

2008-05-21T10:59:00.009-06:00

There is a new tool that will allow you to search or track regulatory action of the Bureau of Indian Affairs or other agency information. Justia regulation tracker is a free service that allows people to search and track the Federal Register, "the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents."

Justia enables searching or browsing by department or agency, (for instance Department of Interior, Bureau of Indian Affairs) include keywords, and limit by document type or date; or browse by agency or date. Coverage begins January 1, 2005. In addition, to searching and browsing, Justia allows you to save a search that will deliver results via an RSS feed. This is a great feature for people who are anticipating or wish to be alerted to developments on a specific topic.

Researchers will wish to compare the Justia regulation tracker to GPO Access a governmental research portal that provides research access to the Federal Register back to 1994.

New list of federally recognized tribes published

2008-04-14T13:50:00.010-06:00

The Department of the Interior released a new list of federally recognized tribes on April 4, 2008, titled:"Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs." For a copy in PDF format, click here.

Only tribes who maintain a legal relationship to the U.S. government through binding treaties, acts of Congress, executive orders, etc., are officially "recognized" by the federal government. Once "recognized" a tribe has a legal relationship with the United States. There are currently more than 550 federally recognized tribes in the United States, including some 200 village groups in Alaska. See the Native American Rights Fund web site for more information.

According to Interior, changes include the following:

"The Mashpee Wampanoag Tribe was acknowledged under 25 CFR part 83. The final determination for Federal acknowledgment became effective on May 23, 2007. The list also contains several tribal name changes and corrections. To aid in identifying tribal name changes, the tribe's former name is included with the new tribal name. To aid in identifying corrections, the tribe's previously listed name is included with the tribal name. We will continue to list the tribe's former or previously listed name for several years before dropping the former or previously listed name from the list."

Interior is required to publish a list of federally-recognized tribes per the "Federally Recognized Indian Tribe List Act of 1994" (Pub. L. 103-454). In the United States Code Annotated, it is found at 25 USCA § 479a and 479a-1. A previous list was published March 22, 2007. For previous lists back to 1979, contact the Library.

Training programs

2008-03-26T08:25:00.005-06:00

The Library posts Indian-law related training programs at it's web site: http://www.narf.org/nill/resources/programs.htm Recently posted is: Working Effectively with Tribal Governments Training - (Federal Employee/Workforce Native Education and Training sub-working group). This free online course discusses tribal concepts, federal Indian law and policy, and culture. Complete description and sign-in link.

State of Indian Nations Address from NCAI

2008-02-06T08:16:00.001-07:00

The National Congress of American Indians has posted its annual "State of Indian Nations Address" by President Joe Garcia at its web site. This year's speech is titled: "Through the Eyes of Our Children: Hope for a Restored Native America" and is the 6th annual address. Previous speeches, back to the first one delivered in 2003, can be accessed by contacting the Library.

NARF Library Helps Guide Standards for Indexing Indian Law Materials Worldwide

2008-02-05T15:39:00.000-07:00

Boulder, CO-NARF Librarian Monica Martens is participating in a legal terminology project that will improve the retrieval capabilities of online library databases. Martens' role is to contribute to discussions about terminology for tribal legal materials. NARF's National Indian Law Library (NILL) has been the leader in developing a nationwide collection of tribal codes, constitutions, and intergovernmental agreements.

Librarians regularly educate researchers and the public about the processes for conducting tribal legal research. The terminology project titled the "Classification and Subject Cataloging Policy Advisory Working Group" is organized under the auspices of the American Association of Law Libraries and the Library of Congress. NARF's Librarians are expertly situated to play an important role in bringing attention to tribal legal materials at research institutions and for the general public, through projects such as these.

To learn more about NARF's award-winning National Indian Law Library (NILL) and its services please click here. Donations to support NILL's important work on behalf of Indian Country and NARF are also greatly appreciated.

Model Tribal Secured Transactions Act

2008-01-03T14:56:00.000-07:00

The conference proceedings for "Sovereignty symposium 2007 : making medicine" (2007) provide a wealth of information on the Model Tribal Secured Transactions Act. The Act itself is provided, along with analysis, sample tribal codes/regulations and sample tribal compacts (or intergovernmental agreements). Much of the information is reprinted with permission from the National Conference of Commissioners on Uniform State Laws and can be accessed at the NCCUSL's web site.

For more information, go to the National Indian Law Library's online catalog at http://nillcat.narf.org/ Then type "security law" into the Subject Terms field.

New at the Library

2007-12-20T09:28:00.003-07:00

New tribal code: The Library recently obtained permission to post The Law and Order Code of the Shoshone and Arapaho Tribes of the Wind River Indian Reservation, Wyoming. The Code is one of more than 100 tribal legal documents available at the Library's web site.

Economic summit materials: The National Congress of American Indians is providing white papers from the National Native American economic policy summit : Phoenix Arizona at its web site. Conference proceedings, which the Library collects, often offer a wealth of research material on current issues of importance to Indian Country.

Tribal law online

2007-12-03T15:12:00.001-07:00

Each week the Library looks for new tribal law web sites and tribal laws that have been published on the Internet by the various federally recognized tribal governments.

From Sept. 2006 - Aug. 2007, we have found 23 new tribal web sites, 21 new constitutions posted online and 12 new codes posted online.

Access these laws as well as other tribal laws. All information is available at the National Indian Law Library's Tribal Code & Constitution Directory -- the A-Z List at the Tribal Law Gateway.

Search our site more efficiently

2007-12-03T13:50:00.000-07:00

This month we launched a new search engine for our web site, donated to NARF by ISYS Search Software. The search interface is still under development, but still offers great improvements over our previous search engine.

Now you can search parts of the NARF web site in addition to the entire site, with a powerful search engine that lets you select search screens, search terms within proximity of each other, and preview highlighted results. Especially helpful to web site users is the ability to isolate large segments of our site, such as the tribal law collection or the ICWA web guide to conduct research. From any NARF page, click on "Search". http://document.narf.org/

Note that the Library's collection of materials must still be searched using the catalog at http://nillcat.narf.org/

As we continue to customize ISYS to fit our web site, we welcome suggestions for improvement or general comments. Send Emails to dselden@narf.org

Federal Recognition Resources

2007-10-08T10:02:00.000-06:00

To research the federal recognition (aka federal acknowledgment) process for American Indian tribes at the National Indian Law Library, start at this web page: http://www.narf.org/nill/resources/recog.htm

A list of tribes recognized as of 2007 is linked, in addition to Bureau of Indian Affairs Acknowledgment Database showing the status of tribes. (last updated August, 2004)

The library has numerous materials on federal recognition. Go to the library's catalog (http://nillcat.narf.org) and type "federal recognition" in the subject field. A new book at the library on this process is Forgotten tribes : unrecognized Indians and the federal acknowledgment process / Mark Edwin Miller. Federal recognition documents for various tribes can be found, and numerous journal articles on the acknowledgment process.

Contact the library for more assistance.

A Practical Guide to the Indian Child Welfare Act

2007-10-05T15:47:00.000-06:00

BOULDER, CO-NARF is proud to announce the publication of its new "Practical Guide to the Indian Child Welfare Act." The Guide, available both on the Internet and in print, is a powerful resource tool for tribal, state and federal entities involved in Indian child custody proceedings. Among the wealth of contents and resources is frequently asked questions with answers falling under 22 topics, including:

Application of the ICWA
Jurisdiction
Who has rights under the Act
Intervention
Role of Tribal Courts
Tribal State Agreements
Foster placement & removal
Resources

The Internet version, available at www.narf.org/icwa, also contains more than 1,000 full-text resources.

The ICWA Practical Guide Project was generously funded by the Administration for Native Americans, with supplemental funding by the Morongo Band of Mission Indians, and supported by NICWA as a key partner. NARF and an Advisory Board-made up of multi-disciplinary team consisting of members of tribal courts, tribal ICWA departments, state governments, Indian law practitioners, Native non-profit organizations, law firms and urban Indian centers-provided guidance on the comprehensive content of the guide. To order a copy of the Guide, print a free copy, or access the expanded Internet edition, please visit: www.narf.org/icwa.

Federal Indian Law and Tribal Law Research Guides Updated 9/07

2007-09-19T15:19:00.000-06:00

The Library has updated two important Guides to doing Indian law research

Indian law is a growing area of law, as many of the more than 560 federally recognized tribes and Alaska Native Villages exercise their sovereignty and self-governance, as well as develop their economies. Many western states have significant populations of American Indians, and trust lands cover more than fifty-five million acres in the United States. A sign of the growing importance of Indian law is that the New Mexico, South Dakota and Washington State Bar Associations have decided to add a question on Indian law on their state bar exams. This article, set out in two parts, and originally published in the Colorado Lawyer, attempts to provide some practical tips for the Indian law researcher. Part I focuses on federal Indian law research. Although hundreds of pages could be written on researching federal Indian law, this article focuses on providing basic tips related to common questions received by the National Indian Law Library (“ NILL” ) and the best sources of information to answer those questions.

Part II focuses on tribal law research. Tribal law is law developed by the tribes, which applies within their territories and to their members. Tribal law can be a difficult area of law to research, because few primary and secondary resources are published or distributed to the public. Despite the lack of commercial publication, tribal law resources have become more accessible in the past six years, primarily on the Internet. However, locating the right resources often requires patience and tenacity and the skilled researcher should be aware of who to contact for assistance.

Two new books on the state of Native American Nations

2007-08-28T08:03:00.001-06:00

Two new books discuss the state of Native American Nations. American Indian Nations: Yesterday, Today, and Tomorrow discusses myriad topics from tribal nationalism to educational initiatives and challenges. Several chapters address environmental issues, voting rights and the Native media. NARF Staff Attorney Walter Echo-Hawk, Jr. wrote the chapter titled "An Overview and Patterns in Federal Indian Law."

From the Harvard Project on American Indian Economic Development comes the book The State of the Native Nations: Conditions Under U.S. Policies of Self-Determination. The book covers tribal government and jurisdiction; relations between tribal governments and federal and state governments; and topics such as the environment, gaming, health, culture, and education.

For researchers, the library recommends these books and others listed at http://www.narf.org/nill/resources/basicguide.htm

New Tribal Law Materials

2007-08-16T15:55:00.000-06:00

This week the Library received permission to post the Constitution and Waganakising Odawa Tribal Code of the Little Traverse Bay Bands of Odawa Indians. Both documents can be found at our online tribal laws web page. From the same web page you can also access an updated copy of the Swinomish Tribal Code. And at the bottom of the web page is a link to Gaming Ordinances of Tribes, posted at the web site of the National Indian Gaming Commission.

New resource - Guide for Tribal Court Law Clerks and Judges

2007-07-23T13:52:00.000-06:00

A Guide for Tribal Court Law Clerks and Judges is a recent publication of the University of Colorado law school. It includes practical information such as "the benefits of clerkship," "how to best work with a law clerk," and sample forms and letters to help make a new or existing tribal court law clerk program run smoothly.

The book was co-authored by Jill Tompkins, the Director of the American Indian Law Clinic at the University of Colorado. She has also served as a tribal court judge and as the president of the National American Indian Court Judges Association.

The book is available via a free download.

See information about the American Indian Law Program (which is the umbrella over the Indian Law Clinic.) at www.triballawclerkships.org