February 15, 2019

NILL added new content to the Indian Law Bulletins on 2/


Swinomish Indian Tribal Community logo

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
First Interstate Bancsystem, INC. v. First Interstate Bank (Official Tribal Government)
Swinomish Indian Tribal Community v. Army Corps of Engineers
(Clean Water Act)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • No Ordinary Lawsuit: The Public Trust and the Duty to Confront Climate Disruption—Commentary on Blumm and Wood.
  • Climate change and the Arctic: Ideas for how the United States and Canada can protect their Arctic Indigenous peoples.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment and Energy section, we feature an article about the Green New Deal and what it might mean for tribes.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were introduced:
  • H.R.1151: To allow veterans to use, possess, or transport medical marijuana and to discuss the use of medical marijuana with a physician of the Department of Veterans Affairs as authorized by a State or Indian Tribe, and for other purposes.
  • H.R.1191: To amend section 520E of the Public Health Service Act to require States and their designees receiving grants for development and implementation of statewide suicide early intervention and prevention strategies to collaborate with each Federally recognized Indian tribe, tribal organization, urban Indian organization, and Native Hawaiian health care system in the state.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2019.html
The update includes two Department of the Interior, Bureau of Indian Affairs, notices of land acquisitions for tribes.

February 8, 2019

NILL added new content to the Indian Law Bulletins on 2/8

logo of FCC
Federal Communications Commission

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
National Lifeline Association v. Federal Communications Commission (Federal Communications Commission - Subsidies)
Mandan, Hidatsa and Arikara Nation v. United States Department of the Interior (Oil and Gas Drilling Permits)
United States of America v. Jack W. Turtle
(Lacey Act; Endangered Species)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Interest of D.E.D.I (Indian Child Welfare Act - Expert Witnesses)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. Window Rock District Court
(Jurisdiction; Pro Hac Vice)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Remaining silent in Indian Country: Self-incrimination and grants of immunity for tribal court defendants.
  • Second wave due diligence: The case for incorporating free, prior, and informed consent into the deep sea mining regulatory regime.
  • A clash between culture and law: A comparative look at the conflict between quiet title actions in Hawaii, the Kuleana Act of 1850, and the displacement of Indigenous people.
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Land and Water section, we feature an article about Arizona's drought plan and how it may impact farms, cities, tribes, and developers.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills and resolutions were introduced:
  • S.Res.37: A resolution designating the week beginning February 3, 2019, as "National Tribal Colleges and Universities Week."
  • S.Res.52: A resolution authorizing expenditures by the Committee on Indian Affairs.
  • S.294: A bill to establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities.
  • S.305: A bill to amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs.
  • S.336: A bill to direct the Comptroller General of the United States to submit a report on the response of law enforcement agencies to reports of missing or murdered Indians.
  • H.R.958: To protect Native children and promote safety in Indian country.
  • H.R.1031: To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes.

January 31, 2019

NILL added new content to the Indian Law Bulletins on 1/31


Tulalip Tribe seal

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed recently in:
King Mountain Tobacco Company, Inc. v. United States (Tobacco; Federal Taxation)
Mitchell, et al. v. Tulalip Tribes of Washington (Tribal Authority to Tax)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Agua Caliente Band of Cahuilla Indians v. Riverside County (Indian Trust Lands - Possessory Interest Tax)
Stillaguamish Tribe of Indians v. Washington (Jurisdiction; Tribal Sovereign Immunity)
United States of America v. Merle Denezpi
(Double Jeopardy)
Winnemucca Indian Colony v. United States of America, Department of the Interior
(Attorneys' Fees; Equal Access to Justice Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
In re Interest of Audrey T. (Indian Child Welfare Act - Expert Witnesses)
Chemehuevi Indian Tribe v. Mullally (Attorneys' Fees)
In re Interest of Mercedes L. (Indian Child Welfare Act - Application of)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
  • Accessing traditional Kipuka: Protecting the storehouse of knowledge through the rule of law.
  • Stolen or lawful? A case review of an Indian tribe's claim to aboriginal land in California.
  • A clash between culture and law: A comparative look at the conflict between quiet title actions in Hawaii, the Kuleana Act of 1850, and the displacement of Indigenous people.
  • Best interest of the child.
  • Beyond VAWA: Protecting Native Women from sexual violence within existing tribal jurisdictional structures.
  • Agency pragmatism in addressing law's failure: The curious case of federal "deemed approvals" of tribal-state gaming compacts.
  • America's big league national monuments: Can President Trump make them smaller?

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about proposed legislation in Arizona restricting sports betting to tribal gaming facilities.

U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were introduced:
  • S.207: A bill to enhance tribal road safety, and for other purposes.
  • S.209: A bill to amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes.
  • S.210: A bill to amend the Tribal Law and Order Act of 2010 and the Indian Law Enforcement Reform Act to provide for advancement in public safety services to Indian communities, and for other purposes.
  • S.211: A bill to amend the Victims Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
  • S.212: A bill to amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000, the Buy Indian Act, and the Native American Programs Act of 1974 to provide industry and economic development opportunities to Indian communities.
  • S.216: A bill to provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam, and for other purposes.
  • S.224: A bill to provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes.
  • S.227: A bill to direct the Attorney General to review, revise, and develop law enforcement and justice protocols appropriate to address missing and murdered Indians, and for other purposes.
  • S.229: A bill to provide advance appropriations authority for certain accounts of the Bureau of Indian Affairs and Bureau of Indian Education of the Department of the Interior and the Indian Health Service of the Department of Health and Human Services, and for other purposes.
  • S.256: A bill to amend the Native American Programs Act of 1974 to provide flexibility and reauthorization to ensure the survival and continuing vitality of Native American languages.
  • S.257: A bill to provide for rental assistance for homeless or at-risk Indian veterans, and for other purposes.
  • H.R.729: To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
  • H.R.779: To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act.
  • H.R.773: To provide for the transfer of certain Federal land in the State of Minnesota for the benefit of the Leech Lake Band of Ojibwe.
  • H.R.759: To restore an opportunity for tribal economic development on terms that are equal and fair, and for other purposes.
  • H.R.871: To expand the boundaries of the Bears Ears National Monument, to ensure prompt engagement with the Bears Ears Commission and prompt implementation of the Proclamation establishing the Bears Ears National Monument, and for other purposes.