Reflecting On 30 Years of IGRA

Monica Williamson

 

You are cordially invited to join the National Indian Gaming Commission as the agency reflects on 30 years of the Indian Gaming Regulatory Act.

NIGC Leadership will share remarks, have an open Q&A session with the public, & host a panel discussion with former NIGC Chairs.

Due to space limitations please RSVP as soon as possible. Please RSVP intent to attend via email with full names of attendees, organization & form of attendance (in-person or virtually) to Rita Homa at Rita_Homa@nigc.gov no later than Monday, October 1st, 2018.

Where: NIGC Headquarters, 90 K Street, N.E., Suite 200,

Washington, D.C. 20002 or virtually

When:    Tuesday, October 16th, 2018

Time:      2:30-4:30 p.m.

Federal Court Dismisses New York Oneida’s Claims against Feds over Approval of Name Change of Wisconsin Oneida

Matthew L.M. Fletcher

Here are the materials in Oneida Indian Nation of New York v. Dept. of Interior (N.D. N.Y.):

14-2 Motion to Dismiss

19 Opposition

23 Reply

32 DCT Order

Friday Job Announcements

Monica Williamson1 Comment

Job vacancies are posted on Fridays. Any posts received prior to 12pm EST on Friday will appear in that Friday’s announcements. If you would like to submit a post for an Indian law or leadership job, please send a brief description of the job and a PDF job announcement to indigenous@law.msu.edu.

View posts from August 10, 2018.

Nottawaseppi Huron Band of the Potawatomi

Chief Legal Officer, Pine Creek, MI. Work under the primary supervision and direction of the Tribal Council. The position entails performing a broad range of legal work for all departments and divisions of the Tribal government, as well as, appearing in Courts of the Nottawaseppi Huron Band of the Potawatomi, Michigan State Courts and federal courts on behalf of the Tribe as authorized and directed. Application closes September 22, 2018 at 5pm. See the job description for more information.

StrongHearts Native Helpline

Advocate and Shift Lead, Eagan, TX. The StrongHearts Advocate (FT) responds to incoming calls on the StrongHearts Native Helpline from victims and survivors of domestic violence, advocates, general public and service providers and provides crisis intervention, referrals, information and problem solving to all callers. For more information please see the job descriptions or learn about StrongHearts here.

Fredericks Peebles & Morgan

2019 Summer Law Clerks, Louisville, Colorado; Omaha, Nebraska; Rapid City, South Dakota; and Sacramento, California. Please refer to job posting for details.

Nisqually Indian Tribe

Request for Proposals, Olympia, WA. Issuing an RFP for interested Contractors to submit proposals for the position of IN-House Tribal Attorney with Nisqually Indian Tribe. Closing date for submissions shall be September 17, 2018 at 5pm. For more information please see the description.

Northwest Indian Fisheries Commission

Puget Sound Policy Analyst/Program Coordinator, Olympia, WA. We are looking for an entry to mid-level policy analyst to support the development and coordination of tribal priorities in the work of Puget Sound recovery. Work effort is aimed at the identification, understanding and integration of tribal priorities into all recovery processes including implementation of the Puget Sound Partnership Action Agenda and Salmon Recovery plans. Please contact Wendy Bowman, NWIFC HR, wbowman@nwifc.org if you have any questions. Applications close Sept 7, 2018.

Tohono O’odham Nation Office of the Prosecutor

(2) Attorneys, Tuscon, AZ. Under general supervision, presents criminal complaints and prosecutes individuals accused of violating the laws or ordinances of the Tohono O’odham Nation.We welcome applicants barred in ANY state, and only one year of legal work experience (including prior to being licensed) is required! Please see the job description for more information.

Ziontz Chestnut

Entry Level Associate Attorney, Seattle, WA. Ziontz Chestnut seeks an entry-level associate with a strong academic background, excellent research, writing and communication skills, and 0-3 years of experience (including judicial clerkships) to join its practice beginning in fall 2019 (and possibly earlier depending on availability). Please see the job description for more information.

Federal Communications Commission

Attorney Advisor (General), Washington, DC. This position is located in the Consumer and Governmental Affairs Bureau, Office of Native Affairs and Policy Washington DC. Application Closes August 31. Please see the job description for more information.

FBI Office of the General Counsel

The FBI is currently taking applications for student internships.

The link for undergraduate students is: https://www.fbijobs.gov/students/undergrad

The link for graduate students is: https://www.fbijobs.gov/students/grad-students

Tenth Circuit Rejects Duress/PTSD Defense of Woman Convicted of Theft from Tribal Organization

Matthew L.M. Fletcher1 Comment

Here is the opinion in United States v. Dixon.

Federal Suit by Descendants of Japanese-American Internment Camp Victims Sue to Stop Sale of Land to Modoc Tribe

Matthew L.M. Fletcher1 Comment

No, this one is not pretty.

Here is the complaint in Tule Lake Committee v. City of Tulelake (E.D. Cal.):

1 complaint

 

National Indian Law Library Bulletin (8/23/2018)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/23/18.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)

http://www.narf.org/nill/bulletins/lawreviews/2018.html

• Laissez-faire water appropriation meets land use planning in Washington’s Hirst decision.

• A historical reassessment of Congress’s “Power to Dispose of” the public lands.

• Bearing the burden: Environmental injustice in the protection of the Polar Bear: Alaska Oil & Gas Ass’n v. Jewell (9th Cir. 2016).

• Native Americans: A crisis in health equity.

• Monumental power: can past proclamations under the Antiquities Act be trumped?

• The University of Denver Water Law Review Eleventh Annual Symposium: Foraging sovereignty, self determination, and solidarity through water law.

• A proposal for a national tribally owned lien filing system to support access to capital in Indian Country.

•

Federal Courts Bulletin

http://www.narf.org/nill/bulletins/federal/2018.html

Chippewa Cree Tribe of Rocky Boy’s Reservation, Montana v. U.S. Department of Interior (Whistleblowing)

Crow Creek Sioux Tribe v. United States (Federal Trust; Water Rights)

Upper Lake Pomo Association v. Morton (Lands – Federal Trust Status)

State Courts Bulletin

http://www.narf.org/nill/bulletins/state/2018.html

In the Matter of: P.T.D. (Indian Child Welfare Act – Termination of Parental Rights)

News Bulletin

http://www.narf.org/nill/bulletins/news/currentnews.html

In the Tribal Government section, we feature an article about a tribal whistleblower case.

Regulatory Bulletin

http://www.narf.org/nill/bulletins/regulatory/2018.html

We feature a notice of the Department of the Interior, Bureau of Indian Affairs, of availability of the Draft Bears Ears National Monument Indian Creek and Shash Jáa Units Monument Management Plans and associated environmental impact statement.

U.S. Legislation Bulletin

http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html

The following bills were added:

• H.R.6414: To amend title 23, United States Code, to extend the deadline for promulgation of regulations under the tribal transportation self-governance program.

• H.R.6660: National Fish Habitat Conservation Through Partnerships Act.

Undergraduate Scholarship Opportunity

Monica Williamson

In 2018, SAIGE (Society of American Indian Government Employees) will award two $1,000 scholarships to full time students pursuing undergraduate degrees in an environmental stewardship discipline, including environmental studies, natural resource management, the natural sciences, public administration, public policy, and related disciplines.

Undergraduate students are encouraged to apply.

Please distribute to your student contacts. Any questions please contact JoAnn Brant at  202-564-0375.  It is now available on the SAIGE website.

 

ELPC and NWF Lawsuit Filed Against U.S. Coast Guard for Its Failure to Have a Sufficient Emergency Response Plan in Place in the Event of an Enbridge Line 5 Oil Pipeline Spill in the Great Lakes

Matthew L.M. Fletcher

Here is the complaint in Environmental Law and Policy Center v. United States Coast Guard (E.D. Mich.):

elpc_nwf-complaint-uscg.pdf

AFCARS Data Implementation Rule Delayed and Will be Revised. Again.

Kate Fort1 Comment

From the Administration for Children and Families here.

The rule is delayed until 2020 and the Administration is going to “streamline” the data elements. And then it might just be delayed again based on the “streamlining”:

The Children’s Bureau published in the Federal Register on August 21, 2018 a final rule to delay implementation of the December 2016 AFCARS final rule until October 1, 2020 (83 FR 42225). However, since we plan to revise the AFCARS data points, we will revisit this implementation date to provide a timeframe to allow title IV-E agencies time to comply with the revised AFCARS data points.

ICWA Pro Hac Vice Rule Proposal in Wisconsin

Kate Fort

Here:

Our Pro Hac Vice page is here.

Wisconsin Proposed Pro Hac Vice Waiver for Tribal ICWA Attorneys

In the Matter of the Petition to Amend Wisconsin Supreme Court Rule 10.03(4), Regarding Pro Hac Vice Admission for Nonresident Counsel Appearing in Matters Involving the Indian Child Welfare Act, Petition 18-04

Proposal to Amend WI SCR 10.03(4) to add the following:

(g) Nonresident counsel is not required to associate with an active member of the State Bar of Wisconsin and is not subject to any application or fees for pro hac vice admission if they establish to the satisfaction of the Court that:

  1. The nonresident counsel seeks to appear in a Wisconsin court for the limited purpose of participating in an “Indian child custody proceeding” as defined by s. 48.028(2)(d), or an “Indian juvenile custody proceeding” as defined by s. 938.028(2)(b), pursuant to the Wisconsin Indian Child Welfare Act (WICWA) s. 48.028, or a “child custody proceeding” as defined by 25 U.S.C. § 1903, pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.; and
  2. The nonresident counsel represents an Indian Tribe pursuant to 25 USC § 1911(c), s. 48.028(3)(e), or s. 938.028(3)(e); and
  3. The Tribe has affirmed the child is an Indian child defined by 25 USC § 1903(4) and s. 48.02(8g) or an Indian Juvenile as defined by s. 938.02(8g).

As background: WA, MN, OR, MI, & NE all have rules/laws making pro hac vice easier for tribal attorneys in ICWA cases. AZ and CA have pending rules.

To submit a comment:

  1. Submitting a comment to a rules petition
    A comment to a pending rule petition shall be submitted in hard copy (include one original and nine copies). The paper copies shall be mailed to the Clerk of the Supreme Court, P.O. Box 1688, Madison, WI 53701.

A person submitting a comment shall e-mail an electronic copy of the comment in MS Word format MS Word to the Office of the Clerk of the Supreme Court at clerk@wicourts.gov and carrie.janto@wicourts.gov.

  1. Contents of comment
    The comment shall identify the rule petition to which it relates.

III. Service of comment on petitioner
A copy of the comment shall be forwarded to the petitioner in a timely manner. See the rule petition for the name and contact information of petitioner.

https://www.wicourts.gov/scrules/1804.htm