National Indian Law Library Bulletin (4/29/2020)

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Confederated Tribes of the Chehalis Reservation v. Mnuchin (CARES Act; Relief Funds)
Tsi Akim Maidu of Taylorsville Rancheria v. Department of the Interior (Federal Recognition)
State of Washington, Sauk-Suiattle Indian Tribe and Quinault Indian Nation v. EPA (Clean Water Act)
Williams & Cochrane, LLP v. Rosette, Quechan Tribe of the Fort Yuma Indian Reservation (Fee Agreements)
Baltas v. Erfe (RLUIPA)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Cora G. v. State of Alaska (ICWA; CINA)
In re Interest of A.K. (Indian Child Welfare Act)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • Politics, Indian law, and the Constitution.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Student sues school after being turned away for wearing religious attire
  • NDN Collective offers millions to tribes, Indigenous nonprofits, artists and entrepreneurs
  • New research on COVID-19 infection rates in Indian Country
  • Tribes, North Dakota file final agreement in voter ID lawsuits
  • Nathan Tanner: Taking responsibility for the inequality facing the Navajo Nation
  • Chuck Hoskin: Helping Cherokee small businesses survive
  • The COVID-19 pandemic and the 2020 Bristol Bay fishing season
  • ‘We are being born Indian and dying white’
  • Judge halts distribution of relief funding to Alaska Native corporations
  • Water is life: It’s time
  • Donovan White: Standing up for Native Americans and Native American jobs

MSU Native Faculty/Staff Groups Letter to MSU Administration on National Order of the Arrow Conference Planned for 2020

Here:

Letter to President Stanley Concerning OA National Conference

TICA Webinar/CLE Tomorrow: “Legal Challenges for Tribal Attorneys During COVID-19”

Legal Challenges for Tribal Attorneys During COVID-19

When: 29 Apr 2020 12-1 Arizona Time
Where: Webcast

EVENT DETAILS:

COVID-19 has had a devastating impact on tribal communities. This CLE will address the legal tools that tribes are using to slow the spread of the disease, respond to the disease’s prevalence, and access needed economic supports.

Faculty:
Wenona T. Singel, Deputy Legal Counsel, Office of the Governor, State of Michigan

Moderator:
Matthew Fletcher, Professor of Law & Director of the Indigenous Law & Policy Center, Michigan State University College of

Chairperson:
Doreen McPaul, Attorney General, Navajo Nation; President, Tribal In-House Counsel Association

Register at: https://azbar.inreachce.com/Details/Information/9316cae5-96ab-45c4-9b29-e1dcf337ad5e

1.0 Total CLE Unit, (No Ethics or Specialization Credit).

Best regards,
Tribal In-House Counsel Association

Federal Court Enjoins Treasury from Disbursing CARES Act Funds to ANCs (for now)

Here is the order in Confederated Tribes of the Chehalis Reservation v. Mnuchin (D.D.C.):

36 DCT Order

Case tag here.

Chehalis v. Mnuchin Press Release issued by the Tulalip Tribes and the Confederated Tribes of Chehalis Reservation_

Lawsuit Regarding the Right to Wear a Traditionally-Beaded Graduation Cap and Eagle Plume at High School Graduation

Here is the Complaint in Larissa Waln and Bryan Waln v. Dysart School District et al. in the District of Arizona.

More information and the press release can be seen here.

Navajo Nation Requests Relief Groups Follow Curfew Orders

An NGO (Navajo & Hopi Families COVID-19 Relief Fund) working at Navajo Nation has repeatedly requested to be an exception to the Nation’s curfew rule, and has started a petition regarding it. Here is the Nation’s response:

Letter from NN AG

Letter from NN Department of Health

Navajo Nation orders are available on their website

The Official Navajo Nation relief fund site is here

Comments for Arizona’s Pro Hac Vice for ICWA Cases NEEDED and Due MAY 1

All comments are welcome, but they are particularly helpful from attorneys who are licensed out of state who end up in Arizona on ICWA cases. I know there are a fair number of you!

Here

Tribal Suit over Paycheck Protection Program of CARES Act

Here are the materials (so far) in Flandreau Santee Sioux Tribe v. Carranza (D.S.D.):

4 Motion for TRO

9 First Amended Complaint

Taylorsville Rancheria Federal Recognition Suit Allowed to Proceed

Here are the materials in Tsi Akim Maidu of Taylorsville Rancheria v. Dept. of the Interior (E.D. Cal.):

1 Complaint

12 US Motion to Dismiss

13 Response

17 Reply

33 DCT Order

34 First Amended Complaint

35 US Motion to Dismiss

36 Opposition

39 Reply

41 DCT Order

New Research on COVID-19 Infection Rates in Indian Country

American Indian Reservations and COVID-19: Correlates of Early Infection Rates in the Pandemic

April 25, 2020 

The SARS-CoV-2 virus is causing widespread devastation as rates of coronavirus disease 2019 (COVID-19) grow across the world. The United States is experiencing one of the largest outbreaks with over half a million confirmed cases as of mid-April 2020. However, outbreaks on tribal lands are largely ignored by the federal government, mainstream media, and case tracking web sites. To reverse this erasure, Indian Country Today has collected cases for the Indian health system. As of April 10, the ICT database contained 861 COVID-19 cases in 287 tribal communities. Infections are growing across Indian Country, but very little is known about the relationship betweencommunity and household characteristics and the rate of COVID-19 spread on tribal lands. This is the question that ateam of Indigenous researchers at UCLA and the University of Arizona are actively working to answer.

This interdisciplinary team includes social demographer Desi Rodriguez-Lonebear, health services researcher Nicolás E.Barceló, economist Randall Akee, and public health researcher Stephanie R. Carroll. Merging the ICT data with the 2018 American Community Survey 5-Year records, they conducted multivariate analyses to identify relationships between the rates of COVID-19 cases per 1000 population and average reservation (or homelands) characteristics. 

The results show that by April 10, 2020, the rate of COVID-19 cases per 1000 people was more than four times higher for the populations residing on reservations than for the U.S. as a whole. COVID-19 cases were more likely to occur in tribal communities with a higher proportion of homes lacking indoor plumbing. COVID-19 cases were less likely to occur in tribal communities where households spoke English-only.

This research finds that failure to account for the lack of complete indoor plumbing and access to running water in a pandemic may be an important determinant of increased incidence of COVID-19 cases in tribal communities. Access to relevant information in Indigenous languages may play a key role in the spread of COVID-19 in some tribal communities. Previous studies have identified household plumbing, overcrowding, and language barriers as potential pandemic and disease infection risk factors. These risk factors persist. Specific actions must be taken now to provide potable water, and culturally-relevant information via community preferred media.Urgent funding to strengthen tribal public health and household infrastructure, as delineated in treaties and other agreements, isnecessary to protect American Indian communities from COVID-19 and future pandemics. This research has been accepted for publication at the Journal of Public Health Management and Practice.

Media Contact Information – Dr. Randall Akee (rakee@ucla.edu)