Author: Matthew L.M. Fletcher

Oneida of New York Sues Interior over Name Change of Oneida of Wisconsin

Matthew L.M. Fletcher

Here is the complaint in Oneida Indian Nation of New York v. Dept. of Interior (N.D.N.Y.):

1 Complaint

Suit over Navajo Hopi Relocation Benefit Payments

Matthew L.M. Fletcher

Here is the complaint in Nelson v. Office of Navajo Hopi Indian Relocation (D. Ariz.):

1 Complaint

Picayune Rancheria Challenge to North Fork Rancheria Gaming Fails

Matthew L.M. Fletcher

Here are the materials in Picayune Rancheria of Chukchansi Indians v. Dept. of Interior (E.D. Cal.):

26 North Fork Motion for Summary Judgment

29 US Brief

33 Picayune Response

35 North Fork Reply

36 US Reply

42 DCT Order

“Tribal Justice” Doc Airing Tonight

Matthew L.M. Fletcher

Here.

National Indian Law Library Bulletin (8/18/2017)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/18/17.

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.

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.

Worth Checking Once in a While from Moyer’s — Interactive Timeline: Everything We Know About Russia and President Trump

Matthew L.M. Fletcher

Here.

Federal Court Holds Feds Cannot Tax Proceeds Derived Directly from Indian Lands

Matthew L.M. Fletcher

Here are the materials in Perkins v. United States (W.D.N.Y.):

An excerpt:

This case presents what appears to be an issue of first impression: whether a treaty between the United States and Native Americans ensuring the free use and enjoyment of tribal land bars taxes on income derived directly from the land—here, the sale of gravel mined on the land. Although at least two circuit courts have suggested in dicta that “income derived directly from the land” might be exempt from taxation under such treaties, they did so to distinguish that scenario from cases where an exemption was sought for income earned in ways that do not relate to the land itself. See Lazore v. Comm’r, 11 F.3d 1180 (3d Cir. 1993); Hoptowit v. Comm’r, 709 F.2d 564 (9th Cir. 1983). This case presents the very issue about which those courts speculated. And for the reasons that follow, this Court agrees with their speculation and finds that the plaintiffs have plausibly stated a claim for relief under two treaties with the Native American Seneca Nation.

National Indian Law Library Bulletin (8/4/2017)

Matthew L.M. Fletcher

Little late on this one, I know….

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/4/17.

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.

Federal Court Holds US Govt. is “Owner” of Indian Trust Land under CERCLA for Liability Purposes

Matthew L.M. Fletcher

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):

130 El Paso Supplemental Brief

133 US Supplemental Brief

135 DCT Order

Prior post on this case here.