National Indian Law Library Bulletin (10/26/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/26/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about the Alaska Attorney General’s opinion upholding tribal sovereignty for Alaska tribes and native villages.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Makah Indian Tribe v. Quileute Indian Tribe (Fishing Rights – Whaling & Sealing)
Oneida Nation v. Village of Hobart, Wisconsin (Jurisdiction)
Amerind Risk Management Corporation v. Blackfeet Housing (Tribal Sovereign Immunity)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Pablo v. Ak-Chin Indian Community (Same-Sex Marriage)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Paquin v. City of St. Ignace (Employment; Elections)
In the Interest of C.A. (Indian Child Welfare Act – Application)
Becerra v. Rose (Taxation – Tobacco)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Bureau of Indian Affairs, Bureau of Indian Education, asks for feedback on a proposed strategic plan.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1986: A bill to amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes.
H.R.4114: Environmental Justice Act of 2017.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature this article:
The global protection of traditional knowledge: Searching for the minimum consensus.

National Indian Law Library Bulletin (10/11/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 10/11/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was filed in Kansas v. National Indian Gaming Commission (Indian Lands – Gaming)
Petition was filed in Herrera v. Wyoming (Treaty Hunting Rights)
Petition was denied in French v. Starr (Tribal Jurisdiction – Non-member)
Petition for certiorari was denied in Williams v. Poarch Band of Creek Indians (Employment Law; Tribal Sovereign Immunity)
Petition for certiorari was denied in Hackford v. Utah (Criminal Jurisdiction)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Energy & Environment section, see a couple of stories about the current status of the Dakota Access pipeline.

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Contereras v. Mohegan Tribal Gaming Authority (Tribal Sovereign Immunity)
Frank v. Jackson (Employment Law – Wrongful Termination)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
County of Amador v. United States Department of the Interior (Land into Trust)
Sturgeon v. Frost (Alaska National Preserve – Regulation of Hovercraft)
United States v. Long (Criminal Law – Prohibited Person in Possession of Firearm)
United States of America v. State of New Mexico (Indian Water Rights)
Forest County Potawatomi Community v. Zinke (Gaming; Freedom of Information Act)
Baley v. United States (Indian Water Rights – Klamath Project)
FMC Corporation v. Shoshone-Bannock Tribes (Tribal Jurisdiction – Permit Fees)
Begay v. Office of Navajo and Hopi Indian Relocation (Navajo-Hopi Settlement Act – Relocation Benefits)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Wilkes and Russell v. PCI Gaming Authority (Tribal Sovereign Immunity)
Rape v. Poarch Band of Creek Indians (Tribal Sovereign Immunity)
Harrison v. PCI Gaming Authority (Tribal Sovereign Immunity)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
The Environmental Protection Agency is seeking input on the department’s strategic plan 2018-2022.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3873: Disaster Tax Relief and Airport and Airway Extension Act of 2017.
S.1953: A bill to amend the Tribal Law and Order Act of 2020 and the Indian Law Enforcement Reform Act to provide for advancements in public safety services to Indian communities, and for other purposes.
S.1895: A bill to reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.
S.1942: A bill to direct the Attorney General to review, revise, and develop law enforcement and justice protocols appropriate to address missing and murdered Indians, and for other purposes.
H.R.3917: To amend the Public Health Service Act to extend funding for the special diabetes program for Indians.
H.R.2402: San Juan County Settlement Implementation Act.
H.R.3894: Tribal Heritage and Grizzly Bear Protection Act.
S.1948: A bill to abrogate the sovereign immunity of Indian tribes as a defense in inter partes review of patents.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:
Columbia River tribal housing: Federal progress addressing long unmet obligations.
Indigenizing equality.

National Indian Law Library Bulletin (9/28/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/28/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was filed in Window Rock Unified School District v. Reeves (Employment) on 9/25/17.
Petition was filed in  Tavares v. Whitehouse (Indian Civil Rights Act) on 9/21/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about the status of Indian housing and, in the Sovereign Immunity section, we feature some articles about a drug company transferring patents to a tribe.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Upper Skagit Indian Tribe v. Suquamish Indian Tribe (Fishing Rights – Usual and Accustomed Fishing Grounds)
Wyoming v. Zinke (Trust Lands – Hydraulic Fracturing)

U.S. Regulatory Bulletin  
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a Department of Homeland Security, Federal Emergency Management declaration of an emergency for the Seminole Tribe of Florida.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1870: A bill to amend the Victims of Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
H.R.3847: To revise the Yurok reservation, and for other purposes.
S.1855: A bill to permit the Miami Nation of Indiana to apply for acknowledgment as a federally recognized Indian tribe, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature this article:
Towards ethical stewardship: Balancing natural and historic cultural resources in national parks.

National Indian Law Bulletin (9/21/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/21/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition was filed in Upper Skagit Indian Tribe v. Lundgren (Tribal Sovereign Immunity) on 9/11/17.

Read the latest Tribal Supreme Court Project update published on 9/22/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Tribal Government section, we feature an article regarding a possible tribal carbon tax initiative.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
United States v. Osage Wind, LLC (Mining Leases; Wind Turbines)
Jamestown S’Klallam Tribe v. McFarland (Bankruptcy – Fraudulent Transfers)
Nanticoke Lenni-Lenape Tribal Nation v. Porrino (State Recognition of Tribes)
Flandreau Santee Sioux Tribe v. Gerlach (Indian Gaming; State Taxation)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Scott Ranch LLC (Tribal Water Rights Adjudication)
Sharp Image Gaming INC. v. Shingle Springs Band of Miwok Indians (Indian Gaming – Collateral Agreements)

U.S. Regulatory Bulletin   
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a notice of the Department of the Interior, Bureau of Indian Affairs, proclaiming certain lands as reservation for the Jamestown S’Klallam Tribe of Washington.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3354: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018.
H.R.3744: Tribal Recognition Act of 2017.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
We feature these articles:
Sacrifice zones in the green energy economy: The “new” climate refugees.
Rights without remedies.

National Indian Law Library Bulletin (9/7/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/7/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Recognition & Enrollment section, we feature a couple of articles about the Cherokee Nation Freedmen case.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Mdewakanton Sioux Indians of Minnesota v. Zinke (Tribal Consultation)
The Cherokee Nation v. Nash (Tribal Enrollment)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Michelle M. v. Department of Child Safety (Indian Child Welfare Act – Notice)
In the Matter of the Adoption of B.B. (Indian Child Welfare Act – Application of)
In Matter of: L.W.S. (Indian Child Welfare Act – Notice)

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature the first Trump administration Department of the Interior, Bureau of Indian Affairs, HEARTH Act approvals for Indian tribes.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3688: To transfer administrative jurisdiction of certain Federal lands from the United States Army Corps to the United States Bureau of Indian Affairs, to take such lands into trust for the Winnebago Tribe of Nebraska.

National Indian Law Library Bulletin (8/31/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/31/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Washington v. U.S. (Fishing Rights) on 8/17/17.
Petition for certiorari was filed in Alaska v. Ross (Climate Change – Threatened Species) on 7/23/17.
Petition for certiorari was filed in Town of Vernon v. U.S. (Land into Trust; Commerce Clause) on 6/23/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about tribal taxation of oil drillers. The Environment & Energy section includes a story about challenges to protect Pacific salmon habitat.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (Civil Jurisdiction)
Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence (Civil Jurisdiction)
Coeur D’alene Tribe v. Hawks (Civil Jurisdiction)
Picayune Rancheria of Chukchansi Indians v. United States Department of the Interior (Gaming)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
State of Utah, In the Interest of P.F. (Indian Child Welfare Act – Expert Testimony)
In re Detmer/Beaudry (Michigan Indian Family Preservation Act)

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
A collective memory of injustice: Reclaiming Hawai’i’s Crown Lands Trust in response to Judge James S. Burns.
Sullying the scholar’s craft: An essay and criticism of Judge James S. Burn’s Crown Lands Trust article.
Ninth Circuit applies Winters doctrine to groundwater.
Back to the future: How the holding of Shelby County v. Holder has been a reality for South Dakota Native Americans since 1975.
Bystander no more? Improving the federal response to sexual violence in Indian country.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a final interim rule of the Department of the Interior, Fish and Wildlife Service, on migratory bird hunting regulations on certain federal Indian reservations for the 2017-18 season.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3657: To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide headstones and markers for the graves of spouses and children of veterans who are buried in tribal cemeteries.

National Indian Law Library Bulletin (8/18/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/18/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed in Town of Aquinnah v. Wampanoag Tribe of Gay Head and Massachusetts v. Wampanoag Tribe of Gay Head (Indian Gaming Regulatory Act – Restrictions imposed by States) on 8/8/17.
Petition for certiorari was filed in French v. Starr (Jurisdiction) on 8/2/17.

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Tribal Jurisdiction section, we feature an article about tribal court jurisdiction regarding opioid abuse.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
New horizons in Indian country.
Indigenous Rights of Standing Rock: Federal courts and beyond.
Justice Gorsuch and Federal Indian law.
Unraveling Public Law 280: Better late than never.
Legal developments: Trust in lands in Alaska.
A legal perspective on sliver of a full moon.
Human rights heroes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature an adopted rule from the Department of Commerce, National Oceanic and Atmospheric Administration, on subsistence taking of northern fur seals on the Pribilof Islands for 2017-2019.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bill was added:
H.R.3650: To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

National Indian Law Library Bulletin (8/4/2017)

Little late on this one, I know….

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/4/17.

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Enerplus Resources Corporation v. Wilkinson (Jurisdiction – Settlement Agreements)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Hoopa Valley Tribe v. Bernardo (Tribal Sovereign Immunity)
Hendricks v. Mashpee Wampanoag Tribe (Elections)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2017.html
Wingra Redi-Mix INC. v. Brial Sites Preservation Board (Burial Sites)
Bob S. v. State of Alaska (Indian Child Welfare Act – Termination of Parental Rights)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature a story about Congressional review of Indian land trust policy.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Operationalizing free, prior, and informed consent.
Mining for compromise in pastoral Greenland: Promise, progress, and problems in international law’s response to indigenous people.
Citizenship, disenrollment & trauma.
Restoring the Skagit River Delta: Habitat restoration and farmland reclamation on Fir Island.
Riparian rights, navigability, and the Equal Footing Doctrine in Montana.
Form and substance: The National Historic Preservation Act, Badger-Two Medicine, and meaningful consultation.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3473: To amend section 520E of the Public Health Service Act to require States and their designees receiving grants for development and implementation of statewide suicide early intervention and prevention strategies to collaborate with each Federally recognized Indian tribe, tribal organization, and urban Indian organization in the state.
H.R.3597: To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
S.1698: A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a Department of the Interior notice regarding conveyance of the surface estate in the lands for an Alaska Native village.

National Indian Law Library Bulletin (7/28/2017)

Here:

The NILL Tribal Law Gateway, which provides access to over 200 tribal codes, is continuously being updated. Recent additions include the Penobscot Nation’s chapter on Publication of Tribal Laws and Choctaw Nation’s Peacemaking Act. Check out what the Tribal Law Gateway has to offer, and contact the library for research assistance on your next tribal law project.

The National Indian Law Library added new content to the Indian Law Bulletins on 7/28/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2017-2018update.html
Petition for certiorari was filed on 7/17/17 in S.S. v. Colorado River Indian Tribes (Indian Child Welfare Act)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Osceola Blackwood Ivory Gaming Group, LLC v. Picayune Rancheria of Chukchansi Indians (Gaming – Contracts)
Rincon Mushroom Corporation of America v. Mazzetti (Exhaustion of Tribal Remedies; Non-Indian Fee Simple Lands)
Ruchert v. Williamson (Federal Tort Claims Act; Personal Injuries)
Garcia v. Elwell (Indian Civil Rights Act; Tribal Sovereign Immunity)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Mother H v. Father H (Child Custody; Jurisdiction)
Arviso v. Muskett (Elections)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about tribes requesting a bigger role in selecting U.S. attorneys.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
ICRA Habeas Corpus relief: A new habeas jurisprudence for the post-oliphant world?
Imaginary lines, real consequences: The effect of the militarization of the United States-Mexico border on Indigenous peoples.
Improving Native American tribe’s voice in international climate change negotiations.
Justice Scalia and Tonto fistfight in Heaven.
Budding conflicts: Marijuana’s impact on unsettled questions of Tribal-State relations.
Chicago’s last unclaimed Indian territory: A possible Native American claim upon Bill Caldwell’s land.
The Arctic in the public order of the world community.
The Arctic Council: Twenty years in the making and moving forward.
Closing time: Removing the State of Oklahoma from alcohol regulation in Indian Country.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.3524:  To amend the Internal Revenue Code of 1986 to clarify the treatment of contributions to Alaska Native Settlement Trusts, and for other purposes.
H.R.3490: To amend the Public Health Service Act to authorize grants to eligible entities to develop and implement statewide or tribal post-adoption and post-legal guardianship mental health service programs for all children who are adopted or placed in legal guardianship, and for other purposes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature a proposed rule of the Department of Interior, Bureau of Land Management regarding hydraulic fracturing on federal and Indian Lands.

National Indian Law Library Bulletin (7/21/2017)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 7/21/17.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2016-2017update.html
Petitions for certiorari recently were filed in the following featured cases:
Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians (Federal Reserved Water Right – Groundwater)
Desert Water Agency v. Agua Caliente Band of Cahuilla Indians
(Federal Reserved Water right – Groundwater)
Hackford v. Utah (Reservation Diminishment; Definition of Indian Country; Tribal Criminal Jurisdiction)
Williams v. Poarch Band of Creek Indians (Employment; Trival Sovereign Immunity)

U.S. Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2017.html
Bishop Paiute Tribe v. Inyo County (Tribal Law Enforcement)
Northern New Mexicans Protecting Land, Water, and Rights v. United States of America (Right of Way – Trespass)
Pueblo of Pojoaque v. State of New Mexico (Tribal State Compacts)
Norton v. Ute Indian Tribe of the Uintah and Ouray Reservation (Jurisdiction, Trespass)
United States ex rel. Cain v. Salish Kootenai College, Inc. (Tribal Colleges – False Claims Act)
Navajo Nation v. San Juan County (Election Districts – Gerrymandering)
Ramah Navajo Chapter v. Jewell (Official Tribal Government)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2017.html
Colebut v. Colebut (Negligence – Trip and Fall)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, read about possible U.S. legislative impacts on health care in Indian Country.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2017.html
The following articles were added:
Tribal sovereign immunity from preference claims.
The Master’s tools: Tribal sovereignty and tribal self-governance contraction/compacting.
No connection: The issue of Internet on the Reservation.
Swinomish Indian Tribal Community v. BNSF Railway Co. and its effect on litigation challenging BIA’s new rights-of-way regulations.
Making it work: Tribal innovation, State reaction, and the future of tribes as regulatory laboratories.
Traditional ecological disclosure: How the Freedom of Information Act frustrates tribal natural resource consultation with Federal agencies.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
S.1593: A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes.
H.R.3211: Safeguard Tribal Objects of Patrimony Act of 2017.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2017.html
We feature notices from the Bureau of Indian Affairs regarding land acquistions for both the Chickasaw and Cherokee Nations.