Save the Date: Western States Water Council and Native American Rights Fund Symposium on the Settlement of Indian Reserved Water Rights Claims – August 13-15, 2013

The Symposium will be held at the Hilton Santa Fe at Buffalo Thunder.  The announcement can be seen here.

Bethel subsistence fishers defend prosecution on religious and cultural grounds

Articles on this matter can be found here,  and here.

The State’s Motion to Exclude the Defense can be seen here: Mtn to Exclude – AK v Ivan.

Amicus and Defendants’ Briefs on the 1st Amendment issue can be seen here: Briefs on 1st Am – AK v Ivan

Havasupai prevails in WIPO Arbitration regarding the Havasupaitribe.com website.

The arbitration decision can be found here.  The Respondent has filed a complaint in federal court to stay the arbitration decision, which we will try to obtain.  A snippet of the arbitration decision:

The Complainant is an Indian Tribe (termed a “Native Sovereign Nation” in more recent governmental documents) that is recognized by the Federal Government of the United States of America. The Complainant occupies a tribal reservation in and around the Grand Canyon of the Colorado River in the State of Arizona. It is undisputed that the Complainant is a legal entity that is competent, among other things, to engage in commerce and to own and use trademarks in commerce.

Since the 1950s, tourism has been the Complainant’s principal economic activity, commercialized through tribally owned enterprises. Despite the fact that there are no roads leading to the portion of the tribal reservation where world-famous waterfalls are located, some 20,000 tourists arrive annually on foot or on horseback, or by helicopter. The Complainant’s “Havasupai Tourism Enterprise” provides tourism services such as food, lodging, and guided horseback excursions and operates the “Havasupai Lodge”, the “Havasupai Tribal Café”, the “Havasupai Trading Post”, and campgrounds. The Complainant’s official website is found at “www.havasupai-nsn.gov”. . . .

The Respondent has since used the Domain Name for commercial gain, for paid advertising relating to Grand Canyon tours and lodging and other services, some of which compete with those offered by the Complainant. The Respondent has fostered a likelihood of confusion with the Complainant’s marks, by using the same Domain Name incorporating those marks that was formerly used by the Complainant itself, misleadingly displaying the Complainant’s name on the associated website and the Complainant’s contact information on the “Contact” page of that website, and providing no identification of the Respondent or disclaimer of affiliation with the Complainant. The Panel concludes that these facts fit the paradigm of bad faith described in the Policy, paragraph 4(b)(iv), as an attempt to mislead Internet users for commercial gain.

Havasupai Tribe, Conservation Groups Challenge Uranium Mine Threatening Grand Canyon

The complaint can be seen here.  The Center for Biological Diversity’s News Release can be seen here.

A snippet of the complaint:

After initial approval of the Canyon Mine, the Forest Service formally designated Red Butte and surrounding areas as a Traditional Cultural Property. This designation means Red Butte is eligible for inclusion in the National Register of Historic Places and meets the definition of a “historic property” under the National Historic Preservation Act (NHPA). The Forest Service also recognized that Red Butte is a sacred site to the Havasupai Tribe. The Forest Service’s 1986 approvals did not analyze the Canyon Mine’s potential effects to Red Butte as a historic property under the NHPA. The Forest Service recently commenced consultation with the Havasupai Tribe concerning the Canyon Mine’s impacts to Red Butte, and claims that it intends to continue consultation. The Forest Service is refusing to undertake and complete a NHPA Section 106 Process relating to adverse impacts to the Red Butte TCP, including consulting with the Tribe for the purposes of developing a Memorandum of Agreement, prior to allowing Canyon Mine to restart mining operations, as required under NHPA and its regulations, 16 U.S.C. § 470f, 36 C.F.R § 800.13(b)(1).

The Alabama-Coushatta Tribe of Texas is hosting its Third Judicial Symposium on April 25, 2013

The Agenda is attached.  The focus of the Symposium is on strengthening and healing children, families, and the community through tribal-state collaboration.  There is no fee for this event.

Like a beautiful Alabama-Coushatta basket,

All things are woven together like a story, with love and prayers.

We are but one strand, but together we are the intricate weave of all generations.

Whatever we do to others, we do to ourselves.

Traditional wisdom, along with tears, laughter and peace, fill the basket;

Connecting all generations in the spirit of respect and unity.

 

~ Sr. Peacemaker, OtheldaJean Williams ~ 2013

The Denver Indian Center, Inc. is Celebrating Thirty Years of Service and Culture

There will be a reception and dinner at the Denver Art Museum on Friday, March 1, 2013, to celebrate the Denver Indian Center. Tickets to the dinner can be purchased here.

Information about the event, which will feature a performance by Shelley Morningsong and the 1491s,  and the Denver Indian Center can be found here.

The Denver Indian Center, Inc. serves a diverse group of tribes, the majority of which represent the Southwest and the Northern and Southern Plains. Most come seeking economic stability, education and security for their families. The Center continues to be a highly sought after location for the community to gather for powwows and various other activities held at the facility throughout the year.

First Nations protests over Canadian Bill C-45

Articles can be found herehere, and here, among other places.

A snippet of one of the articles here:

Approximately 200 people braved the cold to attend a Bill C-45 Prayer Gathering in front of the Saskatchewan Legislature on Sunday. The event was part of a growing opposition from First Nations communities against the second federal omnibus budget implementation bill.

The far-reaching bill includes changes to the Indian Act, the Navigable Waters Protection Act and the Fisheries Act, among others.

According to many First Nations groups these changes will have a drastic and negative affect on their communities and were proposed without proper consultation.

“We hope that Canadian society and the Saskatchewan public will stand with us and not let this happen,” said Chief Barry Kennedy of Carry the Kettle First Nation.

Notice of Availability for a Part-Time Magistrate Judge in Gallup, NM

The U.S. District Court for the District of New Mexico is accepting applications for a part-time Magistrate Judge to serve a four-year term in Gallup, New Mexico. The advertisement can be found here or here.

Congrats to Georgene Louis!

Among the victories last night, Georgene, Pueblo of Acoma, won her election contest and will be a representative in the New Mexico House of Representatives!

You can view her information here.

HEARTH ACT CLE


New Mexico Indian Law Section CLE: An Introduction to the Helping Expedite and Advance Responsible Tribal Homeownership Act (HEARTH Act)

State Bar Center, Albuquerque

Thursday, November 1, 2012

8:15 a.m.

3.2 General CLE Credits

Followed by lunch and the N.M. State Bar Indian Law Section Annual Meeting

Description: This program provides an introduction to the Helping Expedite and Advance Responsible Tribal Homeownership Act, which was signed into law on July 30, 2012. The Act will give tribal governments the discretion to lease restricted lands for residential, business, agricultural, public, religious, educational, or recreational purposes without needing the approval of the Secretary of the Interior if the tribal governments develop and implement their own leasing regulations. This program will look at the future of leasing tribal lands and discuss whether the Act will encourage economic growth, promote community development in Indian country, and support tribal self-determination.

The agenda and registration information can be found here.

If you would like to watch a webcast of the CLE, which took place today, you can do so here.