Indian Law Issues in the News (10/18/2021)

US Customs and Border Patrol: Prairie Band Potawatomi Nation to Issue Enhanced Tribal Card Through Agreement with CBP

PBS News Hour (8 min. video): Why Native Americans are buying back land that was stolen from them (Part 1 of 2)

PBS News Hour (7:22 min. video): Native American tribe land buybacks start a commercial approach to social justice (Part 2 of 2)

Time: The Fight to Save the Salmon

Grist: North Carolina tribes fear pipeline will damage waterways, burial grounds

E&E News: EPA unveils plan to address tribal water woes

Time: MIT Reckons with Early Leader’s Role in Forced Removal of Native American Tribes

Traverse City Record Eagle: Journalist unearths family history while reporting on boarding school trauma, family, cultural destrution

Christian Science Monitor: Untaming a river: The stakes behind America’s largest dam removal

MLive: Dozens of Michigan schools still use Native American slurs, imagery

Daily Beast: Native American Group Calls on Fox News to Fire Hosts Over ‘Racist’ Comments

NBC: NO MORE STOLEN SISTERS: Behind the history, colonization, and American epidemic of missing indigenous women

WaPo: Beyond blunt truths about Columbus Day, Biden presses for real progress for Indigenous people

WILX: Michigan AG Dana Nessel joins bipartisan coalition in defense of Indian Child Welfare Act protections

Cherokee Nation Delegate to Congress Kim Teehee’s Tribute to Former U.S. Rep. Dale Kildee

Kim Teehee wrote a heartfelt tribute to Dale Kildee and agreed to allow us to post it here:

I knew the day would come but still I wasn’t prepared to hear that Dale Kildee had passed away. He passed on October 13th, which is also my birthday. My mind is flooded with precious memories. I worked for Dale for 11 ½ years as the first senior advisor to the bipartisan Congressional Native American Caucus. Dale founded the Caucus after anti-Indian measures started passing the House only to be stopped in the Senate. He knew a bipartisan Caucus was necessary to educate Members about Indian country issues. What began as a Caucus of 15 members had grown to over 100 members. My job was to work across partisan divides with House leaders, Caucus members, Committees, and with tribal leaders. As Co-chair of the Caucus, Dale successfully advanced legislation on myriad topics from education, health care, transportation, appropriations to housing. Under his leadership, the Caucus had a 100% success rate that included defeating every anti-Indian proposal. He also enjoyed giving speeches to tribal organizations where he became famous for pulling out his pocket U.S. Constitution and reminding the audience that tribes are sovereign and that sovereignty must be protected. He was a great defender of tribal sovereignty.

Dale had no tribes in his congressional district and people would often ask why he cared so much about the Indians. His commitment began when as a kid his Dad took him to the land in Michigan where a tribe’s village once stood but was burned to ashes when the people refused to leave. He never forgot that story or the other injustices that Native people endured. He had a passion for education too having served as a Latin teacher. When he served in the Michigan state legislature he led the way for the passage of the Michigan Indian Tuition Waiver Act, which waived the college tuition of any Michigan Indian who attended a public college. He took his passion for Indians and education to Congress where in the Education and Labor Committee he began slipping “Indian tribes” in every education bill that listed “states” to ensure tribes were expressly included. He also had a special affinity for the Michigan tribes and a deep appreciation of their unique histories. I also enjoyed working with these tribes.

Dale was a devout Catholic and loved his work family as if we were his real family. I am eternally grateful for his unconditional support. When I was tapped for a White House appointment in the Obama Administration, he galvanized congressional support and helped secure my historic position. He was a gentle soul with a warrior’s spirit. He believed in civil discourse. He despised unkindness.

Dale lived a blessed life. He did not fear the inevitable of life. He was comforting to me that way. I last saw Dale two years ago at lunch for his 90th birthday just before the pandemic hit. Something in me knew that would be my last time with him. As we said goodbye, he hugged me and kissed my cheek telling me that he loved me. I love you too, Dale. Rest In Peace.

SCOTUS Grants Cert in Denezpi v. United States

Cert Petition of Merle Denezpi

Question Presented:

Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi’s conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?

United States’ Brief in Opposition

United States v Denezpi Tenth Circuit Opinion

SCOTUS Grants Cert in Ysleta del Sur Pueblo v. Texas

Ysleta Del Sur Pueblo’s Cert Petition

Question Presented:

Whether the [Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas] Restoration Act provides the Pueblo with sovereign authority to regulate non-prohibited gaming activities on its lands (including bingo), as set forth in the plain language of Section 107(b), the Act’s legislative history, and this Court’s holding in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), or whether the Fifth Circuit’s decision affirming Ysleta I correctly subjects the Pueblo to all Texas gaming regulations.

Brief of Amici Curiae Alabama-Coushatta Tribe of Texas, NCAI, NIGA, and USET in support of Cert Petition

Texas’ Cert Opp

Reply of petitioners Ysleta del Sur Pueblo

Brief amicus curiae of United States in favor of SCOTUS review

Texas’ Supplemental brief

Texas v Ysleta del Sur Pueblo 5th Circuit Opinion


Indian Law Issues in the News (10/14/2021)

Former U.S. Rep. Dale Kildee and Tribal leaders observe Pres. Obama sign the Tribal Law and Order Act in 2010

Detroit News: Former Michigan U.S. Rep. Dale Kildee dead at 92; championed Tribal issues

KFGO: Lower Brule Sioux Tribe asks federal judge to stop BIA from seizing money

Law360: Calif. Augustine Band of Cahuilla Indians Sues State Over Delayed Gaming Compact Talks

Law360: Oglala Sioux Tribe Won’t Help Army Corps’ DAPL Review

Taos News: The spark that changed Taos Pueblo forever

The Norman Transcript: Tribes talk intergovernmental agreements with state following McGirt ruling

Diverse Issues in Higher Education: Seven Tribes Request U of Alabama Return Human Remains From Archaeological Site

Yahoo News: Maxine Waters leads push to get justice for Black Native Americans

Michigan Tribes in the News (10/14/2021)

NPR: Young, Black Native activists say it’s time to appreciate Indigenous diversity Bay Mills Indian Community plans to open marijuana dispensary in Flint Township

9&10 News: Michigan Tribes Condemn Canadian Government Over 1977 Treaty

WNMU: Activists call on Biden to back Michigan in Line 5 dispute

Law360: Juul, Altria Want Tribes’ Vape Claims Tossed From MDL

WKAR: Michigan observes Indigenous Peoples’ Day

Casino Review: Fruitport Township casino still awaiting governor’s approval Michigan tribal leaders confident as federal investigation into Native American boarding schools takes next step

UM Record: Designation puts U-M Biological Station ‘at the halfway place’

The State News: Students gather at The Rock to celebrate Indigenous Peoples’ Day

Indian Law Issues in the News (10/13/2021)

Native News Online: Tribes, Advocates Work to Fix a 30-year-old Loophole in Federal NAGPRA Law

Popular Science: Minnesota’s Line 3 pipeline threatens one of North America’s only native grains

MSU: Gordon Henry Appointed to New Endowed Chair Position

Law360: Justices Won’t Take Up Dispute Over (Miccosukee) Tribal Couple’s Taxes

NPR: Moccasin maker Minnetonka has apologized for appropriating Native American culture

Grand Forks Herald: Census undercount on Native American reservations complicates redistricting in South Dakota

WitnessLA: How The Criminal Justice System Disproportionately Harms Native American People

NBC News: Survivors Of Native American Boarding Schools Discuss Dark History In The US

This 21 minute video features interviews with survivors of the Holy Childhood School of Jesus of Harbor Springs, Michigan. Both of my grandparents (Henry “Hank” Shenanaquet and Laureen Peters) also attended Holy Childhood. Appearing in the video are Yvonne Walker-Keshick (Little Traverse Bay Bands of Odawa Indians); Eric Hemenway, Director of LTBB Department of Repatriation, Archives and Records; and Fred Kiogima (LTBB). Click on the image below to view the video.

Yvonne Walker-Keshick speaks with an NBC News correspondent about the Holy Childhood School of Jesus Indian Boarding School of Harbor Springs, MI.