Turtle Talk

NCAI Post-Election Analysis Webinar Today at 2 pm Eastern

November 10, 2016Sarah M Donnelly1 Comment

Dear NNABA Members:

NCAI Native Vote is hosting a Post Election Analysis Webinar today, Thursday, November 10th, 2016 at 2:00 p.m. EST, and invites NNABA participation. The session will evaluate the outcome of the Presidential, Congressional, and key State races and the impact of the elections on Indian Country, as well as voter protection issues and how we can continue to work with our partner organizations to ensure EVERY NATIVE VOTE COUNTS as we move forward into a new Presidency and Congressional session. There will also be discussion of potential opportunities to participate in the Trump Administration. NCAI is collecting resumes of individuals interested in serving in political positions to make sure Native voices continue to be heard. If you are interested in this session and finding out more about potential jobs, register for the webinar at: http://www.ncai.org/events/2016/11/10/native-vote-post-election-webinar

2nd Circuit Affirms Oneida Fee into Trust Judgment

November 10, 2016Sarah M Donnelly1 Comment

Here are the materials in the matter of Upstate Citizens for Equality v. United States of America, 15-cv-01688 (Nov. 9, 2016):

Doc. 100 Brief for Plaintiffs-Appellants Town of Vernon, New York, Town of Verona, Abraham Acee and Arthur Strife

Doc. 101 Brief and Special Appendix for Plaintiffs Appellants Upstate Citizens for Equality, Inc., David Brown Vickers, Richard Tallcot, Scott Peterman and Daniel T. Warren

Doc. 134 Reply Brief for Plaintiffs-Appellants Town of Vernon, New York, Town of Verona, Abraham Acee and Arthur Strife

Doc. 149 Reply Brief for Plaintiffs-Appellants Upstate Citizens for Equality, Inc., David Brown Vickers, Richard Tallcot, Scott Peterman and Daniel T. Warren

Doc. 151 Response Brief of the Federal Defendants-Appellees

Doc. 183 Judgment

Link to previously posted lower court materials here.

First Review Period for Program Specialist at IPLP

November 9, 2016Sarah M Donnelly

Link here.

National Indian Law Library Bulletin (11/9/2016)

November 9, 2016Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 11/08/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petitions were filed in Mackinac Tribe v. Jewell (Federal Acknowledgment Process) and in Citizens Against Reservation Shopping v. Jewell (Land into Trust; Recognized Indian Tribe under Federal Jurisdiction) on 10/27/16. Petition was denied in Wolfchild v. Redwood County (Trespass and Ejectment) on 11/7/16.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
United States v. State of Washington (Treaty Right to Take Shellfish)
California Valley Miwok Tribe v. Jewell (Official Tribal Government)
Pueblo of Pojoaque v. State of New Mexico (Tribal-State Gaming Compact – Negotiations)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In the Matter of the Adoption of T.A.W., R.B. and C.B. (Indian Child Welfare Act – Termination of Parental Rights)
Wells Fargo Bank v. Apache Tribe of Oklahoma (Arbitration)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature some articles discussing the possible future of cultivation and sale of marijuana on Indian reservations.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of guidelines stating principles for working with federally recognized Indian tribes of the Department of Human Services, Administration for Children and Families.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Dollar General v. Mississippi Band of Choctaw Indians: Where do we go from here?
Tribal self-governance extended to U.S. Department of Transportation.
College of Law committed to Native Law program.
Indigenous health policy in the United States and Latin America: The Marshall trilogy and the international human rights approach.
Thinking outside the bars: Using Hawaiian traditions and culturally-based healing to eliminate racial disparities within Hawai’i’s criminal justice system.
Pipelines, Protests and General Permits.
Congress, tribal recognition, and legislative-administrative multiplicity.
From dysfunction and polarization to legislation: Native American religious freedom rights and Minnesota autopsy law.
Passage and flow considered anew: wild salmon restoration via hydro relicensing.
A proper seat at the table: affirming a broad Winters right to groundwater.
Federally reserved rights and interstate groundwater allocation.
The Winters doctrine: is it just about quantity?
Tribal reserved water rights to groundwater as recognized in settlements and litigation: status and trends.
Agua Caliente and the argument for aboriginal rights to groundwater.
Why Obergefell should not impact American Indian tribal marriage laws.

Bureau of Indian Affairs Updates Tribal Transportation Regulations

November 9, 2016bryannewland

Final rule is available here.

Here is the Summary:

This final rule updates the Tribal Transportation Program regulations (formerly the Indian Reservation Roads Program) to comply with statutory updates. The Tribal Transportation Program is a program to address the surface transportation needs of Tribes. This rule reflects statutory changes in the delivery options for the program, clarifies the requirements for proposed roads and access roads to be added to, or remain in, the inventory, revises certain sections that were provided for informational purposes, and makes technical corrections.

Revised: Penobscot Nation RFP for Constitution and Code Drafting

November 9, 2016November 9, 2016Matthew L.M. Fletcher

Here (PDF). The description:

This request for proposal (RFP) is to contract for legal drafting services to be provided for the Penobscot Nation, a federally recognized Indian tribe, for the period of December 1, 2016 to September 30, 2017. Services to be provided will include assisting the Penobscot Nation Constitution Committee to draft its Constitution in time to be considered for adoption at the Nation’s June 2017 General Meeting (legislative body). Following the drafting of the Constitution, drafting of a code governing the operations of the Penobscot Nation Judicial System, comprised of the trial-level Tribal Court and the Court of Appeals will be undertaken.

Nottawaseppi Huron Potawatomi Supreme Court Posting

November 8, 2016Matthew L.M. Fletcher

TRIBAL COUNCIL SEEKS LETTERS OF INTEREST FROM PERSONS TO SERVE AS CHIEF JUSTICE ON THE NHBP TRIBAL SUPREME COURT. The Tribal Council is soliciting letters of interest from qualified individuals interested in being appointed to serve on the NHBP Supreme Court. The individual appointed to this position would be appointed to a six (6) year term of office expiring on December 31, 2022. Letters of interest must be submitted no later than November 25, 2016 to be considered. Interested applicants should send a letter of interest and statement of qualifications (or resume) to: Jamie P. Stuck, Tribal Council Chairperson, 1485 Mno-Bmadzewen Way, Fulton, Michigan 49052.

NHBP Judicial Branch: The NHBP Judiciary is a Constitutional Branch of Government established under Article XI of the Band’s Constitution. The NHBP Court is a court of general jurisdiction and the Supreme Court hears appeals from the Judiciary’s Trial Court. In addition to hearing appeals, members of the Supreme Court also work with the trial court’s Chief Judge and other court staff in the development of Court Rules and Administrative Orders.

Qualifications for Appointment: In accordance with the NHBP Constitution, persons interested in being appointed to the Tribal Judiciary must agree to undergo an extensive background investigation and may be asked to appear before the Tribal Council to answer questions about his/her qualifications for the position. The qualifications of prospective appointees are determined by the Tribal Council in accordance with the qualifications for office contained in Article XI of the NHBP Constitution which include the following:

Has attained the age of thirty (30) years;
Is a licensed attorney in good standing;
Not be an employee of NHBP or presently serving, or a candidate for, a seat on the elected Tribal Council and
Has never been convicted of a violent crime, felony or a crime of fraud.

Members of the bench are compensated for services at a competitive hourly rate. In accordance with the NHBP Constitution, “the amount of [compensation] shall not be reduced during such person’s term of office”. Justices are also reimbursed for reasonable expenses including travel to and from Michigan.