Author: Matthew L.M. Fletcher

National Indian Law Library Bulletin (4/5/2017)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 4/5/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petition was denied in Citizens Against Reservation Shopping v. Jewell (Land into Trust; Recognized Indian Tribe) on 4/3/17.

Read the latest Tribal Supreme Court Project update published on 4/4/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
United States v. Jackson (Indian Reservation Diminishment)
United States v. Washington (Treaty Right to Fish – Culverts)
Rosebud Sioux Tribe v. United States (Indian Health Care Improvement Act)
Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation v. California (Indian Gaming Compact, Breach of)
Davilla v. Enable Midstream Partners, L.P. (Trespass – Natural Gas Pipeline)
Skokomish Indian Tribe v. Forsman (Treaty Right to Hunt; Tribal Sovereign Immunity)
Dahlstrom v. Sauk-Suiattle Indian Tribe (Tribal Sovereign Immunity)
Robinson v. Jewell (pro se action on behalf of a Tribe)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2016.html
Fryberg v. Tulalip Tribes Housing Department (Housing – Eviction)
C.W. v. The Tulalip Tribe (Employment)
Eastern Band of Cherokee Indians v. Martin (Domestic Violence)
Leggins v. Fort Peck Tribes (Child Neglect)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Cougar Den, Inc. v. Washington State Department of Licensing (Treaty Right to Travel – Fuel Transport Taxation)
People In Interest of L.L. (Indian Child Welfare Act – Notice)

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

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature articles about possible Trump environmental policy impacts on tribes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Batman and two very large jars of mayonnaise: The looming clash of daily fantasy sports and tribal gaming.
VAWA 2013’s right to appointed counsel in tribal court proceedings—a rising tide that lifts all boats or a procedural windfall for non-Indian defendants?
Community-scale solar: Watt’s in it for Indian Country?

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
Three bills were added:
S.772: A bill to amend the PROTECT Act to make Indian tribes eligible for AMBER Alert grants.
H.R.610: To distribute Federal funds for elementary and secondary education in the form of vouchers for eligible students and to repeal a certain rule relating to nutrition standards in schools.
S.780: A bill to amend the Controlled Substances Act to reduce the gap between Federal and State marijuana policy, and for other purposes.
S.747:  Special Diabetes Program for Indians (SDPI) Reauthorization.
S.785: A bill to amend the Alaska Native Claims Settlement Act to provide for equitable allotment of land to Alaska Native veterans.
H.R.23: Gaining Responsibility on Water (GROW) Act of 2017

Sens. Carper & Cantwell Letter Demanding Transparency on DAPL Decisions under Trump

Matthew L.M. Fletcher

Here:

Letter to USACE

A Right-Wing Think Tank Is Trying to Bring Down the Indian Child Welfare Act. Why? | The Nation

Matthew L.M. Fletcher

Here.

Possibly the critical portion of this article is the last paragraph, which confirms that Goldwater has absolutely no interest whatsoever in helping Indian children:

At Goldwater’s offices in Phoenix, Sandefur insisted that his case is about nothing more than the welfare of Indian children. “It was a white Congress in Washington, DC, that passed a law saying, ‘The best interest of all Indians is as follows.’ Isn’t that why we have the problems we have?” When asked if Goldwater is working with any Native American members of Congress to reform ICWA or improve the circumstances of Native children, Sandefur said no—he hadn’t heard anything about that.

AG Sessions Orders Review of Federal, State, Local, and Tribal Law Enforcement

Matthew L.M. Fletcher

Here:

Sessions memo

NNABA Foundation 2017 Bar Review Scholarship Recipients

Matthew L.M. Fletcher

Here (featuring two of my current or former students!):

The National Native American Bar Association (NNABA) Foundation is proud to announce its 2017 Bar Review Scholarship Recipients. The NNABA Foundation received an impressive pool of applications from Native American students representing Indian nations and law schools across the country. The Foundation is proud to support these students in the penultimate step to joining the legal profession: taking the bar exam. Scholarship recipients will receive $1,500 for bar review preparation services.

Congratulations to the 2017 NNABA Foundation Bar Review Scholarship Recipients, listed below in alphabetical order by last name.

  • Simone Anter, Pascua Yaqui & Jicarilla Apache, University of California, Los Angeles, School of Law
  • Jacob Michael Glass, White Earth Nation, Mitchell Hamline School of Law
  • Simon Goldenberg, Lower Sioux Indian Community, Sandra Day O’Connor College of Law, Arizona State University
  • Corin La Pointe-Aitchison, Athabaskan, Lewis & Clark Law School
  • Erica McMilin, Sherwood Valley Band of Pomo Indians & Valley Indian Tribes,University of California, Los Angeles, School of Law
  • Christine Reyes, Tohono O’odham Nation, Sandra Day O’Connor College of Law, Arizona State University
  • Heather Torres, San Ildefonso Pueblo & Navajo, University of California, Los Angeles, School of Law
  • Austin Ryan Vance, Southern Cheyenne, University of Oklahoma College of Law
  • Allyson Von Seggern, Three Affiliated Tribes of North Dakota & Menominee,Sandra Day O’Connor College of Law, Arizona State University
  • Lisa R. Wrazidlo, Bad River Band of Lake Superior Chippewa, James E. Roger College of Law, University of Arizona
  • April Youpee-Roll, Fort Peck Sioux, Alexander Blewett III School of Law, University of Montana

“These students exemplify hard work, commitment to their communities and dedication to advancing justice for Native Americans. The NNABA Foundation is delighted to support them on their journeys into law practice,” said NNABA Foundation President Jennifer Weddle.

Eighth Circuit Holds in Criminal Jurisdiction Matter Red Lake Reservation Not Diminished by 1905 Act

Matthew L.M. Fletcher

Here are the materials in United States v. Jackson:

Opinion

Appellant Brief

US Brief

Red Lake Amicus Brief

Reply Brief

Prior opinion in this case here.

Briefs in United Auburn Indian Community v. Brown — Authority of Governor to Concur in Two-Part Determination

Matthew L.M. Fletcher

In the California Supreme Court, here:

UAIC Opening Brief

State Answer Brief

Lower court decision here.

Two part determination letter here: BIA Letter.

 

Washington COA Rejects Snoqualmoo Indian Treaty Rights to Defense to Elk Harvest

Matthew L.M. Fletcher

Here is the opinion in State v. Snyder:

Opinion

An excerpt:

In 1974, the United States District Court for the Western District of Washington, as affirmed by the United States Supreme Court, took continuing jurisdiction over fishing disputes arising from the Treaty of Point Elliot and other treaties. Since then, the federal courts have not only interpreted these treaties but continue to supervise their application. The supreme court has held that the lower federal court rulings in this matter bind the State, state courts, private individuals like the Snyders, and organizations like the Snoqualmoo Tribe. We see no reason why we should not follow this guidance in the case of hunting rights.

Briefs:

Washington COA Decides Section 81 Matter Involving Nooksack Business Corp.

Matthew L.M. Fletcher

Here is the opinion in Outsource Services Management v. Nooksack Business Corp.:

Unpublished Opinion

An excerpt:

The Nooksack Business Corporation (NBC) borrowed more than $15 million to finance construction of and improvements to a casino on Nooksack Indian Tribe land. 25 U.S.C. § 81(b) (Section 81) requires preapproval by the Secretary of the Interior for any agreement or contract that “encumbers” tribal land. NBC’s limited recourse loan is secured by a pledge of revenue to the lender. But because the lender’s right to collect pledged revenues does not deprive the tribe of its exclusive proprietary control of its land, the loan agreements do not encumber tribal land for purposes of Section 81.

Under the broad language of the loan agreements, the lender may execute upon future revenues and rents whether or not the facilities are used as a casino. Additionally, merger does not preclude the lender from executing upon assets pledged as security for the loan. And, consistent with our Supreme Court’s decision in a prior appeal between the lender and NBC, the state court has subject matter jurisdiction to adjudicate the lender’s right to enforce its judgment.

The loan agreement provides for attorney fees to the prevailing party. Because the lender is the prevailing party, it is entitled, to attorney fees on appeal.

Briefs: