Here is “Progress Report on Implementation of the Memorandum of Understanding
Regarding Interagency Coordination and Collaboration for the Protection of Indian Sacred Sites,” released by the Departments of Defense, Interior, Agriculture, Energy, and the
Advisory Council on Historic Preservation:
cultural resources
National Park Service Releases Effigy Mounds Desecration Report
Gabe Galanda on Native Prisoners’ Religious Rights under International Law
Here is “To Geneva With Love: Native Prisoners’ Religious Rights Movement Goes Global,” published in the King County Bar Association Bar Bulletin:
Bar Bulletin Native Prisoners’ Religious Rights Movement Goes Global
NYTs on Increasing Congressional Pressure toward Changing Washington Football Team Nickname
Here, “Senator Urges N.F.L. to Change Name of Redskins.”
American Bird Conservancy Plans to Sue Interior over 30-Year Eagle Kill Rule
Here.
An excerpt:
A leading bird conservation organization—American Bird Conservancy (ABC)—has announced its intention to sue the Department of the Interior (DOI), charging DOI with multiple violations of federal law in connection with its December 9, 2013, final regulation that allows wind energy companies and others to obtain 30-year permits to kill eagles without prosecution by the federal government. The previous rule provided for a maximum duration of five years for each permit.
News Coverage of Paving Over of Sacred Site with Tribal Approval
Here.
An excerpt:
The American Indian leaders ultimately decided how the findings would be handled, and they defended their decision to remove and rebury the human remains and burial artifacts.
“The philosophy of the tribe in general is that we would like to protect our cultural resources and leave them as is,” said Nick Tipon, a longtime member of the Sacred Sites Protection Committee of the Federated Indians of Graton Rancheria. “The notion that these cultural artifacts belong to the public is a colonial view.”
Yakama Nation Sues US Fish & Wildlife Service over Rattlesnake Mountain Bus Tours that Implicate Sacred Sites
Here is the complaint in Confederated Tribes and Bands of Yakama Nation v. USFWS (E.D. Wash.):
Yakama v USFWS – wildflower tours
An excerpt:
This action relates to agency decisions and actions by the U.S. Fish and Wildlife Service and named officials thereof to conduct guided bus tours for members of the general public on Rattlesnake Mountain within the Hanford Reach National Monument (HRNM). The mountain is considered by the plaintiff to be of great religious and cultural importance, and for that reason the site has been federally designated as a Traditional Cultural Property (TCP) under the NHPA. The defendants concluded in April 2012 that the guided wildflower tours will have no adverse effect on the TCP, and plaintiff seeks judicial review of this finding. In addition, the defendants are seeking judicial review of a final agency action proceeding with scheduled public wildflower tours in 2014 despite a lack of concurrence by both the plaintiff and the State Historic Preservation Officer (SHPO), and subsequent violations of consultation procedures required by the NHPA.
Eighth Circuit Affirms Injunction against South Dakota Ban on Native Prisoner Tobacco Use
Here is the opinion in Native American Council of Tribes v. Weber. An excerpt:
In this appeal, we consider the South Dakota Department of Corrections’ (“SDDOC”) decision to prohibit tobacco use by Native American inmates during religious activities. In 2009, the Native American Council of Tribes (“NACT”) and South Dakota Native American inmates Blaine Brings Plenty and Clayton Creek (collectively “inmates”) brought suit against 1 prison officials from the SDDOC (collectively “defendants”)2 claiming that the tobacco ban substantially burdened the exercise of their religious beliefs in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc-1(a). After a three-day bench trial, the district court granted 3 injunctive relief to the inmates and directed the parties confer regarding a revised tobacco policy. On failure to agree, the district court entered a remedial order that, among other things, limited the proportion of tobacco in the mixture distributed to inmates for religious purposes to no more than one percent. The defendants appeal the grant of injunctive relief, including the remedial order. Having jurisdiction under 28 U.S.C. § 1291, we affirm.
Briefs here:
Lower court materials are here and here.
Other posts are here, here, and here.
Black Ash Basket — EAB Conference 2014
Black Ash Basket- EAB Conference 2014
“Sustaining Traditions”
WHEN: October 30th, 2014 – THURSDAY
8:30am – 5:00pm EAB/Black Ash Conference
6:00pm – 9:00pm Basket Making, Working with Logs
WHERE: BEST WESTERN PLUS Hotel and Conference Center
6820 S. Cedar Street
Lansing, MI 48911
Phone: 517-694-8123
Toll Free: 800-528-1902
***A block of rooms has been set aside and can be reserved by calling the hotel directly for $88.50 per night plus tax. Please mention for this rate: Ash Conference
(This does not include breakfast)
*Reservations can be made beginning April 30th, 2014
thru September 30th, 2014.
TRAVEL: The Capital City Airport is located in Lansing, Michigan and the hotel has shuttle transportation that can be arranged by calling the hotel 48 hours in advance. There are also Taxis available, but the hotel shuttle is complimentary.
Easy access off of I-96 for those driving in.
PARKING: There is plenty of free parking onsite.
DINING: There is a restaurant and lounge onsite, and a Wendys, and Burger King within .10 of a mile. There are also other eateries such as Applebees within one mile.
REGISTRATION: You can register by printing out the registration form and sending back with check or money order to: Kelly Church PO Box 118 Hopkins, MI 49328
Registration DEADLINE: September 30th, 2014
Quileute Tribe Sues Merchandising Company for Violation of Indian Arts and Crafts Act Related to “Twilight” Movies
Here is the complaint in Quileute Tribe v. National Entertainment Collectibles Association (W.D. Wash.):
An excerpt:
1. The Quileute Tribe brings this Complaint against National Entertainment Collectibles Association, Inc. (“NECA”) for unfair competition and for violation of the Indian Arts and Crafts Act. In this action, the Quileute Tribe seeks to protect its heritage from Defendant’s improperly marketed and advertised products, and to ensure that consumers are no longer deceived, confused or misled in their pursuits to find and acquire authentic and genuine Quileute products.
2. The Quileute people have lived on the Olympic Peninsula for thousands of years, and have their own unique language, art and folklore. Quileute art and artifacts are prized for their distinctive character, and are displayed in museums throughout Washington.3. As alleged herein, NECA has advertised, promoted, and sold its goods under the “Quileute” name on the Internet and in various retail stores across the United States. Defendant’s conduct is designed to convey to consumers a false association or affiliation with the Quileute Tribe, and to unfairly trade off of the fame, reputation and goodwill of the Quileute Tribe.4. Consumers have been misled as to the source, origin, sponsorship, or affiliation of Defendant’s products sold under the “Quileute” name. If Defendant is permitted to continue to market and retail its products, many consumers will conclude that the goods sold by NECA were originated from, jointly developed by, licensed, certified, supported by or are otherwise affiliated with the Quileute Tribe, which they are not.5. In addition, NECA sells its goods by falsely suggesting they are the product of the Quileute Tribe, are Indian-produced or are the product of an Indian Tribe, in violation of the Indian Arts and Crafts Act.
6. The Quileute Tribe accordingly brings this action, seeks damages, and seeks to enjoin NECA from using the “Quileute” name for the marketing and sale of goods.
Turtle Talk 
You must be logged in to post a comment.