NILL Indian Law Bulletin (2/5/16)

The National Indian Law Library added new content to the Indian Law Bulletins on 2/05/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Hayes v. Delbert Services Corp. (Payday Loans – Debt Collection)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Wright v. Langdeau (Intratribal Dispute, Exhaustion of Tribal Remedies)
Confederated Tribes and Bands of the Yakama Nation v. United States (Environmental Law – Response and Cleanup; Liability)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Doe (Indian Child Welfare Act – Application of)
In re England, Minor (Indian Child Welfare Act – Best Interest of the Child)
Town of Verona v. Cuomo (Settlement Agreement – Casino Gambling)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature two articles relating to Klamath, Oregon, area water problems.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Department of Interior regarding Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added a new bill:
H.R.4456: RECLAIM Act of 2016 — To amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes.

Yakama Nation Largely Prevails in CERCLA Suit with US

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. United States of America (D. Or.):

20 Yakama Motion for Summary J

21-1 Memorandum in Support

25 US Response

27 US Motion for Summary J

31 Yakama Reply

33 Magistrate Report

41 DCT Order

Federal Court Quashes Subpoena on Tribal Sovereign Immunity Grounds

Here are the materials in Dillon v. BMO Harris Bank (N.D. Okla.):

3 Otoe-Missouria Tribe of Indians Motion to Quash

7 Response

9 Reply

15 DCT Order

 

FOIA Suit Against IHS Over Groundwater Contamination on Yakama Reservation

Download complaint and exhibits in the matter of Friends of Toppenish Creek v. IHS (W.D. Wash.) here.

D.K. Sprague Retires after Twenty-Four Years as Chairman of the Gun Lake Tribe

D.K. Sprague Retires after Twenty-Four Years as Chairman of the Gun Lake Tribe  

Sprague Led Tribe from Pre-Recognition to Successful Modern Tribal Government 

(Bradley, Mich.) – Today, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake Tribe) (Tribe) announced the retirement of David K. (D.K.) Sprague as chairman.  Sprague served as chairman since his initial election by the Bradley Settlement Elder’s Council in 1992.  He is distinguished as one the longest serving tribal chairman, in consecutive terms, throughout Indian Country in the Unites States.

“It has been an honor and privilege to serve my community as chairman for the last twenty-four years,” said D.K. Sprague, former chairman.  “I thank my family and the Tribe for supporting me, and God for allowing me to serve at a time when our dreams came to reality.  I give recognition to our tribal leaders who came before me, as I merely finished what they started when the Bradley Indian Mission was established in the 1830s.”

The Tribe achieved federal re-acknowledgment in 1999 after many years of working through the federal acknowledgment process.  The Tribe’s goal of reaching self-sufficiency through its pursuit of economic development under the Indian Gaming Regulatory Act would take over a decade.  During the last twenty-four years the Tribe went from having nothing to becoming a modern tribal government that can now provide for the needs of its people.

“I am proud to have served the Tribe under the leadership of D.K. Sprague,” said Vice Chairman Ed Pigeon.  “I witnessed steady and consistent leadership in extremely difficult situations over a long period of time.  It was amazing to see him put to the test so many times, but never waver.  The Tribe is truly blessed that a person with such rare leadership qualities was in place at a time when it was most needed.”

Many friends, family and staff members have expressed their gratitude to the former chairman for his dedication to the needs of tribal government staff and the team members who work in the gaming enterprise.  He was always approachable and jovial with everyone around him.

“No one ever wanted this day to come,” said Leah Sprague-Fodor, Tribal Council member.  “However, asking him to continue serving would be selfish of us.  We know he served with everything he had for so many years.  He has earned his retirement and now he should enjoy golf, traveling, baseball games and spending time with his family and friends.”

Sprague grew up in the Bradley area where he remained most of his life.  He joined the U.S. Army and served in the Vietnam War.  He served in 14 natural disasters worldwide as a Red Cross volunteer, which included an extended time of service in Louisiana for the victims of Hurricane Katrina.  He is a lifelong member of the Methodist Church at the Bradley Indian Mission.

In the next 90-120 days the Tribe will hold a special election to fill the seat on the Tribal Council vacated by Sprague’s retirement.  Afterwards, the Tribal Council will select the next chairman.  In the interim, Vice Chairman Ed Pigeon will serve as acting Chairman.

Timeline of Gun Lake Tribe events occurring under the leadership of D.K. Sprague

1992 Bradley Settlement Elder’s Council elects D.K. Sprague to serve as Chairman.
August 23, 1999 Federal re-acknowledgment by the United States as a sovereign tribal government.
August 2001 Tribe submits land-into-trust application to re-establish reservation lands for the purpose of economic development under the Indian Gaming Regulatory Act.
January 30, 2009 Federal government takes land in trust for Tribe to construct Gun Lake Casino.
February 10, 2011 Gun Lake Casino opens.
May 14, 2014 Bradley Indian Mission Church building turns 100 years old, at that time the Mission is approx. 176 years old.
September 26, 2014 President Obama signs into law the Gun Lake Trust Land Reaffirmation Act.
October 2014 Approx. 300 acres of additional land placed into trust.
August 2015 Government Campus opens to tribal citizens and tribal government staff.  Becomes the “Capitol Building” of the Gun Lake Tribe.
January 29, 2016 D.K. Sprague retires as chairman.

Minnesota Public Radio: Original intent? History, language blur Minnesota Indian treaty disputes

Link to article here.

Job Opening, Associate Counsel, Eastern Band Cherokee

Eastern Band Cherokee is searching for an Associate Attorney to work in the Attorney General’s Office, Civil Law Department. Requires at least 2 years experience with tribal law.

The job closes on February 12th at 4pm.
Applications can be mailed to: E.B.C.I Employment Department PO Box 553 Cherokee, NC 28719.

Applicants can also call 828-359-6388 and see if it’s possible to email/scan.

Full job description available here  Associate Counsel IV EBC

 

Applications forms available here 2013-revised-application EBC

Ninth Circuit Briefs in Bishop Paiute Tribe v. Inyo County

Here:

Bishop Paiute Opening Brief

Inyo County Brief

Reply

Oral argument video here.

Lower court materials here.

Spokane County Bar Association Seventh Annual Indian Law Conference

Download agenda and registration form here.

Tanner: Bigoted Nationalism Opens CERA’s New Year

Link to article here.

In addition to spewing racism and ultra-nationalist vitriol, CERA began 2016 by continuing its work with property rights groups to oppose tribal sovereignty around the country. On January 24, CERA leaders Lana Marcussen-Saucerman and Butch Cranford were slated to host an event with the Central New York Fair Business Association in Verona, New York. The event was to be moderated by CERA Chair Judy Bachman of Vernon. The Business Association has participated in past CERA events and joined CERA in lawsuits opposing Oneida Indian Nation sovereignty.