December 8, 2017

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

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed on 11/27/17 in: Renteria, et al. v. Superior Court of California, Tulare County, et al. (Indian Child Welfare Act - Application of)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Lower Elwha Klallam Indian Tribe v. Lummi Nation (Fishing Rights - Usual and Accustomed Fishing Areas)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Interest of K.G. and A.R. (Indian Child Welfare Act - Notice)
Brown v. Garcia (Disenrollment; Tribal Sovereign Immunity)
Flathead Joint Board of Control v. State of Montana (Water Compacts)

Hands Off Bears Ears
News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature articles about the Trump administration's decisions to revoke and replace Bears Ears National Monument. 

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
We added the following bills and resolutions:
  • H.R.4506: To provide incentives to encourage tribal job creation and economic activity, and for other purposes.
  • H.R.4490: To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, to maximize government efficiency and reduce costs, in cooperation with state, local, and tribal governments and other entities, and for other purposes.
  • H.R.4532: To create the first tribally managed national monument, and for other purposes.
  • S.2189: A bill to require the Secretary of the Treasury to mint coins in commemoration of the 400th anniversary of the landing of the Mayflower and settlement of Plymouth Colony, the signing of the Mayflower compact near Provincetown, and the role of the indigenous Wampanoag Tribes in the realization of the settlement.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:
  • Resource Wars: A conflict of interests in the Bering Sea Climate Resilience Area.
  • Melting ice, shifting seas: An Arctic law update.
  • The Oil Sands of time: Pipelines and promises.

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of Commerce has published a notice relating to endangered and threatened species and taking of anadromous fish.

November 30, 2017

NILL added new content to the Indian Law Bulletins on 11/30


Agua Caliente Band of Cahuilla Indians seal

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petitions for certiorari were denied on 11/27/17 in:
Town of Vernon v. U.S. (Land into Trust)
Upstate Citizens for Equality v. U.S. (Land into Trust)
Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians (Federal Reserved Water Right - Groundwater)
Desert Water Agency v. Agua Caliente Band of Cahuilla Indians (Federal Reserved Water Right - Groundwater)
Petition for certiorari was filed on 11/20/17 in: Public Service Company of New Mexico v. Barboan, et al. (Condemnation - Rights of Way)
Read the latest Tribal Supreme Court Project update published on 11/30/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Darnell v. Merchant (Exhaustion of Tribal Remedies; Sentencing)
Allen v. United States of America (Tribal Membership; Federal Recognition)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
Read about a tribal groundwater case in the Land & Water section.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
We added the following bills and resolutions:
H.R.4443: Urban Indian Health Parity Act.
H.R.4485: 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.
H.R.4419: Bureau of Reclamation and Bureau of Indian Affairs Water Project Streamlining Act.
H.R.4436: Caguana Indigenous Ceremonial Park and Tribes Indigenous Ceremonial Center Study Act.
H.R.4448: To provide for an exchange of Federal land and non-Federal land in the State of Idaho, and for other purposes.
S.Res.342: A resolution expressing the sense of the Senate that States, cities, Tribal nations, businesses, and institutions of higher education in the United States should work towards achieving the goals of the Paris Agreement.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:
The fairness of tribal court juries and non-Indian defendants.
Access to energy in Indian Counrty: The difficulties of self-determination in renewable energy development.
Continuning to work for Indian Country in the 115th Congress.
The Tribal Labor Sovereignty Act: Do Indian tribes finally hold a trump card?
Indigenous people, human rights, and consultation: The Dakota Access Pipeline.
Yellowbear v. Lampert - Putting teeth into the Religous Land Use and Institutionalized Person Act of 2000.
Salvaging the United Nations REDD Program against the backdrop of international human rights violations.
Making strategic choices: How and why Indian groups advocated for Federal Recognition from 1977-2012.
Legacy in paradise: Analyzing the Obama adiminstration's efforts of reonciliation with Native Hawaiians.
"Why should I go vote without understanding what I am going to vote for?" The impact of first generation voting.
The case against property rights in old intangible Indigenous cultural property.
Water Security.
To sue and be sued: Capacity and immunity of American Indian Nations.
(Re)Righting history: Deconstructing the Court's narrative of Hawai'i's past.
Mitigating state sovereignty: The duty to consult with Indigenous peoples.

November 16, 2017

NILL added new content to the Indian Law Bulletins on 11/16

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature a few articles highlighting the findings in a new survey: "Discrimination in America: Experiences and Views of Native Americans.”

Photo of U.S. Supreme Court building
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Tein et al. v. Miccosukee Tribe of Indians of Florida (Tribal Sovereign Immunity) on 11/7/17.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.4359: To provide rental assistance for homeless or at-risk Indian veterans.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:
An Indian by another name: Cross-border affirmative action.
Tribal sovereignty and gaming: A proposal to amend the National Labor Relations Act.

November 9, 2017

NILL added new content to the Indian Law Bulletins on 11/9

Secretary Tahsuda with Kiowa Black Leggings
Warrior Society. Photo: U.S. DOI



News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article about the Trump administration delaying the roll-out of a controversial trust land rule.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Mitchell v. Tulalip Tribes of Washington (Tribal Taxation - Real Estate)
Redding Rancheria v. Hargan (Health Insurance - Tribally-funded Program)
Ute Indian Tribe v. Lawrence (Jurisdiction; Breach of Contract)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Rocks Off Inc. v. Ute Indian Tribe of the Uintah and Ouray Reservation (Tribal Sovereign Immunity; Jurisdiction)
Coeur D'Alene Tribe v. Johnson (Tribal Court Judgments - Full Faith and Credit)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Administration for Native Americans publishes rules relating to funding areas.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.4208: Wildland Fires Act of 2017 (See Sec. 3 Definitions: (5) Indian Tribe)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:
Native Hawaiians wage an ongoing battle to organize into a sovereign nation.
"To further justice in the greater Native American community": Ethical responsibilities of a tribal attorney in disenrollment disputes.
Hope for Indian tribes in the U.S. Supreme Court?: Menominee, Nebraska v. Parker, Bryant, Dollar General.

November 2, 2017

NILL added new content to the Indian Law Bulletins on 11/2

NILL logo feather
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was denied in S.S. v. Colorado River Indian Tribes (Indian Child Welfare Act) on 10/30/17.
Read the latest Tribal Supreme Court Project update published on 10/26/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature a couple of articles relating to legal challenges to the Indian Child Welfare Act.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
The Stockbridge-Munsee Community v. State of Wisconsin (Gaming; Statute of Limitations)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
GTB Anishinaabek Family Services (Child Custody; Traditional Law)
In re Donn (Child Custody; Traditional Law)
Frank and Risling v. Jackson (Employment - Wrongful Termination; Tribal Sovereign Immunity)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Brown v. Garcia (Tribal Sovereign Immunity; Disenrollment)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a notice of the Department of Agriculture about a meeting of the office of tribal relations council for Native American farming and ranching.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.Res.316: A resolution recognizing National Native American Heritage Month and celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States.
S.2012: Tribal Economic Assistance Act of 2017.
H.R.4164: Industrial Hemp Water Rights Act.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature this article:
Representing states, tribes, and local governments before, during, and after a presidentially-declared disaster.

October 26, 2017

NILL added new content to the Indian Law Bulletins on 10/26

seal of the state of Alaska
News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about the Alaska Attorney General's opinion upholding tribal sovereignty for Alaska tribes and native villages.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Makah Indian Tribe v. Quileute Indian Tribe (Fishing Rights - Whaling & Sealing)
Oneida Nation v. Village of Hobart, Wisconsin (Jurisdiction)
Amerind Risk Management Corporation v. Blackfeet Housing (Tribal Sovereign Immunity)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Pablo v. Ak-Chin Indian Community (Same-Sex Marriage)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Paquin v. City of St. Ignace (Employment; Elections)
In the Interest of C.A. (Indian Child Welfare Act - Application)
Becerra v. Rose (Taxation - Tobacco)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Bureau of Indian Affairs, Bureau of Indian Education, asks for feedback on a proposed strategic plan.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1986: A bill to amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes.
H.R.4114: Environmental Justice Act of 2017.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature this article:
The global protection of traditional knowledge: Searching for the minimum consensus.

October 19, 2017

NILL added new content to the Indian Law Bulletins on 10/19

Tara Sweeney,
nominee Asst. Secretary for Indian Affairs
photo from Arctic Slope
Regional Corporation at www.asrc.com

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature a couple of articles about new leadership positions filled at the Bureau of Indian Affairs.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Chemehuevi Indian Tribe v. Brown (Tribal-State Gaming Compacts)
Standing Rock Sioux Tribe v. U.S Army Corps of Engineers (Dakota Access Pipeline - Easements
Moody v. United States (American Indian Agricultural Resources Management Act - Leases)
Allergan INC. v. TEVA Pharmaceuticals USA, INC. (Patents; Tribal Sovereign Immunity)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature proposed amendments of the Indian Gaming Commission relating to the Freedom of Information Act.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1965: Allowing Alaska IVORY Act.
H.R.4026: Pala Band of Mission Indians Land Transfer Act of 2017.
H.R.4032:  Gila River Indian Community Federal Rights-of-Way, Easements and Boundary Clarification Act.
H.R.4070: Central Coast Heritage Protection Act. (See SEC. 12: Use by members of Tribes.)
H.R.4019: To provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature this article:
Catching up with the twenty-first century: How Article IX, chapter one of the law and order codes of the Shoshone and Arapaho Tribes should be updated to better protect domestic violence victims.

October 11, 2017

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

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was filed in Kansas v. National Indian Gaming Commission (Indian Lands - Gaming)
Petition was filed in Herrera v. Wyoming (Treaty Hunting Rights)
Petition was denied in French v. Starr (Tribal Jurisdiction - Non-member)
Petition for certiorari was denied in Williams v. Poarch Band of Creek Indians (Employment Law; Tribal Sovereign Immunity)
Petition for certiorari was denied in Hackford v. Utah (Criminal Jurisdiction)

Standing Rock Sioux tribal seal

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Energy & Environment section, see a couple of stories about the current status of the Dakota Access pipeline.

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Contereras v. Mohegan Tribal Gaming Authority (Tribal Sovereign Immunity)
Frank v. Jackson (Employment Law - Wrongful Termination)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
County of Amador v. United States Department of the Interior (Land into Trust)
Sturgeon v. Frost (Alaska National Preserve - Regulation of Hovercraft)
United States v. Long (Criminal Law - Prohibited Person in Possession of Firearm)
United States of America v. State of New Mexico (Indian Water Rights)
Forest County Potawatomi Community v. Zinke (Gaming; Freedom of Information Act)
Baley v. United States (Indian Water Rights - Klamath Project)
FMC Corporation v. Shoshone-Bannock Tribes (Tribal Jurisdiction - Permit Fees)
Begay v. Office of Navajo and Hopi Indian Relocation (Navajo-Hopi Settlement Act - Relocation Benefits)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Wilkes and Russell v. PCI Gaming Authority (Tribal Sovereign Immunity)
Rape v. Poarch Band of Creek Indians (Tribal Sovereign Immunity)
Harrison v. PCI Gaming Authority (Tribal Sovereign Immunity)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Environmental Protection Agency is seeking input on the department's strategic plan 2018-2022.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3873: Disaster Tax Relief and Airport and Airway Extension Act of 2017.
S.1953: A bill to amend the Tribal Law and Order Act of 2020 and the Indian Law Enforcement Reform Act to provide for advancements in public safety services to Indian communities, and for other purposes.
S.1895: A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.
S.1942: 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.
H.R.3917: To amend the Public Health Service Act to extend funding for the special diabetes program for Indians.
H.R.2402: San Juan County Settlement Implementation Act.
H.R.3894: Tribal Heritage and Grizzly Bear Protection Act.
S.1948: A bill to abrogate the sovereign immunity of Indian tribes as a defense in inter partes review of patents.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:
Columbia River tribal housing: Federal progress addressing long unmet obligations.
Indigenizing equality.

September 28, 2017

NILL added new content to the Indian Law Bulletins on 9/28

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was filed in Window Rock Unified School District v. Reeves (Employment) on 9/25/17.
Petition was filed in  Tavares v. Whitehouse (Indian Civil Rights Act) on 9/21/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about the status of Indian housing and, in the Sovereign Immunity section, we feature some articles about a drug company transferring patents to a tribe.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Upper Skagit Indian Tribe v. Suquamish Indian Tribe (Fishing Rights - Usual and Accustomed Fishing Grounds)
Wyoming v. Zinke (Trust Lands - Hydraulic Fracturing)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a Department of Homeland Security, Federal Emergency Management declaration of an emergency for the Seminole Tribe of Florida.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1870: A bill to amend the Victims of Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
H.R.3847: To revise the Yurok reservation, and for other purposes.
S.1855: A bill to permit the Miami Nation of Indiana to apply for acknowledgment as a federally recognized Indian tribe, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature this article:
Towards ethical stewardship: Balancing natural and historic cultural resources in national parks.

September 22, 2017

NILL added new content to the Indian Law Bulletins on 9/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was filed in Upper Skagit Indian Tribe v. Lundgren (Tribal Sovereign Immunity) on 9/11/17.

Read the latest Tribal Supreme Court Project update published on 9/22/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Tribal Government section, we feature an article regarding a possible tribal carbon tax initiative.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
United States v. Osage Wind, LLC (Mining Leases; Wind Turbines)
Jamestown S'Klallam Tribe v. McFarland (Bankruptcy - Fraudulent Transfers)
Nanticoke Lenni-Lenape Tribal Nation v. Porrino (State Recognition of Tribes)
Flandreau Santee Sioux Tribe v. Gerlach (Indian Gaming; State Taxation)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Scott Ranch LLC (Tribal Water Rights Adjudication)
Sharp Image Gaming INC. v. Shingle Springs Band of Miwok Indians (Indian Gaming - Collateral Agreements)

U.S. Regulatory Bulletin   
Jamestown S'Klallam Tribe of Washington seal
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a notice of the Department of the Interior, Bureau of Indian Affairs, proclaiming certain lands as reservation for the Jamestown S'Klallam Tribe of Washington. 

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3354: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018.
H.R.3744: Tribal Recognition Act of 2017.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:
Sacrifice zones in the green energy economy: The "new" climate refugees.
Rights without remedies.

September 14, 2017

NILL added new content to the Indian Law Bulletins on 9/14

photo of John Tahsuda III
 John Tahsuda III named Principal Dep Asst Sec'y for Indian Affairs


News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature a story about the appointment of the Principal Deputy Assistant Secretary for Indian Affairs.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Toya v. Toledo (Right to Counsel; Right to Jury Trial; Indian Civil Rights Act)
Lummi Tribe of the Lummi Reservation v. United States (Native American Housing Assistance and Self-Determination Act - Funding)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Interest of: S.E. and B.E. (Indian Child Welfare Act - Intervention)
Douglas Indian Association v. Central Council of Tlingit and Haida Indian Tribes of Alaska (Tribal Sovereign Immunity)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of the Interior, Bureau of Indian Affairs, proposes a rule to revise the Bureau of Indian Education adequate yearly progress regulation and invites tribes to nominate members to the standards, assessments, and accountability system negotiated rulemaking committee.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3704: To amend the Public Health Service Act to improve behavioral health outcomes for American Indians and Alaska Natives, and for other purposes.
S.1770: A bill to approve the settlement of water rights claims of the Hualapai Tribe and certain allottees in the State of Arizona, to authorize construction of a water project relating to those water rights claims, and for other purposes.
H.R.3764: To extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
Norton v. Ute Indian Tribe: Seeking concrete delineations in the tribal exhaustion doctrine.
The evolution of indigenous peoples' consultation rights under the ILO and U.N. regimes.
International trade in indigenous cultural heritage: What protection does international law provide for indigenous cultural goods and services in international commerce?
Varying vernaculars: How to fix the Lanham Act's weakness exposed by the Washington Redskins.

September 8, 2017

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

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Recognition & Enrollment section, we feature a couple of articles about the Cherokee Nation Freedmen case.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Mdewakanton Sioux Indians of Minnesota v. Zinke (Tribal Consultation)
The Cherokee Nation v. Nash (Tribal Enrollment)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Michelle M. v. Department of Child Safety (Indian Child Welfare Act - Notice)
In the Matter of the Adoption of B.B. (Indian Child Welfare Act - Application of)
In Matter of: L.W.S. (Indian Child Welfare Act - Notice)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature the first Trump administration Department of the Interior, Bureau of Indian Affairs, HEARTH Act approvals for Indian tribes.
Winnebago Tribe of Nebraska seal

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3688: To transfer administrative jurisdiction of certain Federal lands from the United States Army Corps to the United States Bureau of Indian Affairs, to take such lands into trust for the Winnebago Tribe of Nebraska.

August 31, 2017

NILL added new content to the Indian Law Bulletins on 8/31


photo of U.S. Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Washington v. U.S. (Fishing Rights) on 8/17/17.
Petition for certiorari was filed in Alaska v. Ross (Climate Change - Threatened Species) on 7/23/17.
Petition for certiorari was filed in Town of Vernon v. U.S. (Land into Trust; Commerce Clause) on 6/23/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about tribal taxation of oil drillers. The Environment & Energy section includes a story about challenges to protect Pacific salmon habitat.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (Civil Jurisdiction)
Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence (Civil Jurisdiction)
Coeur D'alene Tribe v. Hawks (Civil Jurisdiction)
Picayune Rancheria of Chukchansi Indians v. United States Department of the Interior (Gaming)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
State of Utah, In the Interest of P.F. (Indian Child Welfare Act - Expert Testimony)
In re Detmer/Beaudry (Michigan Indian Family Preservation Act)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
A collective memory of injustice: Reclaiming Hawai'i's Crown Lands Trust in response to Judge James S. Burns.
Sullying the scholar's craft: An essay and criticism of Judge James S. Burn's Crown Lands Trust article.
Ninth Circuit applies Winters doctrine to groundwater.
Back to the future: How the holding of Shelby County v. Holder has been a reality for South Dakota Native Americans since 1975.
Bystander no more? Improving the federal response to sexual violence in Indian country

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a final interim rule of the Department of the Interior, Fish and Wildlife Service, on migratory bird hunting regulations on certain federal Indian reservations for the 2017-18 season.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3657: To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide headstones and markers for the graves of spouses and children of veterans who are buried in tribal cemeteries.

August 18, 2017

NILL added new content to the Indian Law Bulletins on 8/18

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Town of Aquinnah v. Wampanoag Tribe of Gay Head and Massachusetts v. Wampanoag Tribe of Gay Head (Indian Gaming Regulatory Act - Restrictions imposed by States) on 8/8/17.
Petition for certiorari was filed in French v. Starr (Jurisdiction) on 8/2/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Tribal Jurisdiction section, we feature an article about tribal court jurisdiction regarding opioid abuse.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
New horizons in Indian country.
Indigenous Rights of Standing Rock: Federal courts and beyond.
Justice Gorsuch and Federal Indian law.
Unraveling Public Law 280: Better late than never.
Legal developments: Trust in lands in Alaska.
A legal perspective on sliver of a full moon.
Human rights heroes.

Seal of the Lumbee Tribe of North Carolina
U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature an adopted rule from the Department of Commerce, National Oceanic and Atmospheric Administration, on subsistence taking of northern fur seals on the Pribilof Islands for 2017-2019.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3650: To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

August 11, 2017

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


Photo of U.S. Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Great Plains Lending, LLC, et al., Petitioners v. Consumer Financial Protection Bureau (Application of Federal Law).

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Murphy v. Royal (Jurisdiction; Reservation Diminishment; Criminal Law)
Window Rock Unified School District v. Reeves (Jurisdiction; Employment Law)
Miccosukee Tribe of Indians of Florida v. Tein (Tribal Sovereign Immunity)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In the Interest of D.H., JR. (Indian Child Welfare Act - Termination of Parental Rights)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature a couple of articles about a tribal groundwater dispute.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Indigenous water justice.
Indian children and the federal-Tribal trust relationship.
Whose standards control? Maine v. McCarthy and the federal, state, and tribal battle over water quality regulation.
Exploring alternatives to the "consultation or consent" paradigm.
San Manuel's second exception: Identifying treaty provisions that support tribal labor sovereignty.
We need protection from our protectors: The nature, issues, and future of the federal trust responsibility to Indians.
Returning to the tribal environmental "laboratory": An examination of environmental enforcement techniques in Indian country.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Department of the Interior, Office of Natural Resources and Revenue, has adopted a rule to repeal the consolidated federal oil & gas and federal & Indian coal valuation reform rule.

August 4, 2017

NILL added new content to the Indian Law Bulletins on 8/4


drawing of gavel

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Enerplus Resources Corporation v. Wilkinson (Jurisdiction - Settlement Agreements)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Hoopa Valley Tribe v. Bernardo (Tribal Sovereign Immunity)
Hendricks v. Mashpee Wampanoag Tribe (Elections)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Wingra Redi-Mix INC. v. Brial Sites Preservation Board (Burial Sites)
Bob S. v. State of Alaska (Indian Child Welfare Act - Termination of Parental Rights)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature a story about Congressional review of Indian land trust policy.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Operationalizing free, prior, and informed consent.
Mining for compromise in pastoral Greenland: Promise, progress, and problems in international law's response to indigenous people.
Citizenship, disenrollment & trauma.
Restoring the Skagit River Delta: Habitat restoration and farmland reclamation on Fir Island.
Riparian rights, navigability, and the Equal Footing Doctrine in Montana.
Form and substance: The National Historic Preservation Act, Badger-Two Medicine, and meaningful consultation.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3473: 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, and urban Indian organization in the state.
H.R.3597: 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.
S.1698: A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a Department of the Interior notice regarding conveyance of the surface estate in the lands for an Alaska Native village.

July 28, 2017

NILL added new content to the Indian Law Bulletins on 7/28



The NILL Tribal Law Gateway, which provides access to over 200 tribal codes, is continuously being updated. Recent additions include the Penobscot Nation’s chapter on Publication of Tribal Laws and Choctaw Nation’s Peacemaking Act. Check out what the Tribal Law Gateway has to offer, and contact the library for research assistance on your next tribal law project.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed on 7/17/17 in S.S. v. Colorado River Indian Tribes (Indian Child Welfare Act)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Osceola Blackwood Ivory Gaming Group, LLC v. Picayune Rancheria of Chukchansi Indians (Gaming - Contracts)
Rincon Mushroom Corporation of America v. Mazzetti (Exhaustion of Tribal Remedies; Non-Indian Fee Simple Lands)
Ruchert v. Williamson (Federal Tort Claims Act; Personal Injuries)
Garcia v. Elwell (Indian Civil Rights Act; Tribal Sovereign Immunity)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Mother H v. Father H (Child Custody; Jurisdiction)
Arviso v. Muskett (Elections)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about tribes requesting a bigger role in selecting U.S. attorneys. 

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
ICRA Habeas Corpus relief: A new habeas jurisprudence for the post-oliphant world?
Imaginary lines, real consequences: The effect of the militarization of the United States-Mexico border on Indigenous peoples.
Improving Native American tribe's voice in international climate change negotiations.
Justice Scalia and Tonto fistfight in Heaven.
Budding conflicts: Marijuana's impact on unsettled questions of Tribal-State relations.
Chicago's last unclaimed Indian territory: A possible Native American claim upon Bill Caldwell's land.
The Arctic in the public order of the world community.
The Arctic Council: Twenty years in the making and moving forward.
Closing time: Removing the State of Oklahoma from alcohol regulation in Indian Country.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3524:  To amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.
H.R.3490: To amend the Public Health Service Act to authorize grants to eligible entities to develop and implement statewide or tribal post-adoption and post-legal guardianship mental health service programs for all children who are adopted or placed in legal guardianship, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a proposed rule of the Department of Interior, Bureau of Land Management regarding hydraulic fracturing on federal and Indian Lands.

July 21, 2017

NILL added new content to the Indian Law Bulletins on 7/21

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petitions for certiorari recently were filed in the following featured cases:
Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians (Federal Reserved Water Right - Groundwater)  
Desert Water Agency v. Agua Caliente Band of Cahuilla Indians (Federal Reserved Water right - Groundwater)
Hackford v. Utah (Reservation Diminishment; Definition of Indian Country; Tribal Criminal Jurisdiction)
Williams v. Poarch Band of Creek Indians (Employment; Trival Sovereign Immunity)
Bishop Paiute Tribe logo

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Bishop Paiute Tribe v. Inyo County (Tribal Law Enforcement)
Northern New Mexicans Protecting Land, Water, and Rights v. United States of America (Right of Way - Trespass)
Pueblo of Pojoaque v. State of New Mexico (Tribal State Compacts)
Norton v. Ute Indian Tribe of the Uintah and Ouray Reservation (Jurisdiction, Trespass)
United States ex rel. Cain v. Salish Kootenai College, Inc. (Tribal Colleges - False Claims Act)
Navajo Nation v. San Juan County (Election Districts - Gerrymandering)
Ramah Navajo Chapter v. Jewell (Official Tribal Government)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Colebut v. Colebut (Negligence - Trip and Fall)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, read about possible U.S. legislative impacts on health care in Indian Country.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Tribal sovereign immunity from preference claims.
The Master's tools: Tribal sovereignty and tribal self-governance contraction/compacting.
No connection: The issue of Internet on the Reservation.
Swinomish Indian Tribal Community v. BNSF Railway Co. and its effect on litigation challenging BIA's new rights-of-way regulations.
Making it work: Tribal innovation, State reaction, and the future of tribes as regulatory laboratories.
Traditional ecological disclosure: How the Freedom of Information Act frustrates tribal natural resource consultation with Federal agencies.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1593: A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes.
H.R.3211: Safeguard Tribal Objects of Patrimony Act of 2017.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature notices from the Bureau of Indian Affairs regarding land acquistions for both the Chickasaw and Cherokee Nations.

July 10, 2017

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

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was filed in Cougar Den, Inc. v. Washington State Department of Licensing (Taxation; Treaty Rights) on 6/14/17. Petition was denied in  City of Myton, Utah v. Ute Indian Tribe of the Uintah and Ouray Reservation (Indian Country Jurisdiction) on 7/3/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Penobscot Nation v. Mills (Maine Implementing Act; Maine Indian Claims Settlement Act; Hunting and Fishing Rights)
Window Rock Unified School District v. Reeves (Employment Law; Exhaustion of Tribal Court Remedies)
State of Kansas v. Zinke (Reviewable Final Agency Action; Gaming)
Clema v. Colombe (Tribal Police Officer - Immunity)
Begnoche v. D.L. Derose (Religious Rights - Prisoners)
Keweenaw Bay Indian Community v. Khouri (State Taxation - Tobacco)
Wilson v. Umpqua Indian Development Corporation (Tribal Sovereign Immunity; Tort Claims)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Stone v. Colville Business Council (Tribal Sovereign Immunity)
Navajo Nation seal

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature more than thirty stories. One of them, in the Tribal Jurisdiction section, relates to a Ninth Circuit Court of Appeals ruling that opens up tribal jurisdiction over public schools.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Unclouding Arizona's water future.
Bio-prospecting in the Arctic: An overview of the interaction between the rights of indigenous peoples and access and benefit sharing.
Denying disgorgement: The Supreme Court's refusal to grant the Crow Tribe relief.
Integrating Indigenous rights into multilateral environmental agreements: The International Whaling Commission and aboriginal subsistence whaling.
Fracking in the Badlands: Can levying a carbon tax against oil and gas companies help Native American tribes raise revenue while preserving cherished tribal lands?
The Native American struggle between economic growth and cultural, religious, and environmental protection: A corporate solution.
The Violence Against Women Act: A double-edged sword for Native Americans, their rights, and their hopes of regaining cultural independence.
Environmental justice: A necessary lens to effectively view environmental threats to indigenous survival.
Back to the negotiating table: Designing a Tribal-State compact for Alabama.
Indian treaty fishing rights and the environment: Affirming the right to habitat protection and restoration.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3138: To amend the Internal Revenue Code of 1986 to treat Indian tribal governments in the same manner as State governments for certain Federal tax purposes, and for other purposes.
H.R.3147: To amend the PROTECT Act to make Indian tribes eligible for AMBER Alert grants.
H.R.3096: To implement a mandatory random drug testing program for certain employees of the Indian Health Service, and for other purposes.
S.1491: A bill to amend the Alaska Native Claims Settlement Act with respect to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, and for other purposes.
S.1492: A bill to establish a Regional Corporation for Natives who are non-residents of Alaska, and for other purposes.
S.1400: A bill to amend title 18, United States Code, to enhance protections of Native American tangible cultural heritage, and for other purposes.
H.R.2987: 21st Century Conservation Service Corps Act of 2017 (See SEC. 203 6, 12, 13).

June 21, 2017

NILL added new content to the Indian Law Bulletins on 6/21


photo of U.S. Supreme Court building

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Opinion was issued in Matal v. Tam (Trademarks; Free Speech) on 6/19/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
French v. Starr (Tribal Jurisdiction; Eviction)
Darnell v. Merchant (Witnesses)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
In Interest of L.M.B. (Indian Child Welfare Act - Expert Witnesses)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Culture and Tradition section, we feature an article about the U.S. Supreme Court decision striking down a ban on disparaging trademarks.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Bringing it home: North American genocides.
The model tribal probate code: Opportunity to correct the problems of fractionation and legacy of the Dawes Act.
The Indian Health Service: Barriers to health care and strategies for improvement.
Casting a wide net: Why it is incumbent upon the Environmental Protection Agency to expand the scope of its cost-benefit analysis to include Native American populations and cultural fishing practices in the aftermath of Michigan v. EPA.
Changing currents: Climate change and stakeholder involvement in the Colorado River basin.

The Antiquities Act & national monuments: Analysis of geological, ecological, & archaeological resources of the Colorado Plateau.