National Indian Law Library

National Indian Law Library Bulletin (8/26/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/26/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Jamul Action Committee v. Chaudhuri (Indian Gaming Regulatory Act – NEPA Review)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Enable Oklahoma Intrastate Transmission, LLC v. A 25 Foot Wide Easement (Tribal Sovereign Immunity; Easements)
Gingras  v. Rosette (Payday Loans)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature 41 articles this week. A few of the articles in the Environment & Energy, Intergovernmental, and Land & Water sections are about the Dakota Access oil pipeline project; we also feature an article about a food sovereignty project in the Health & Welfare section of the News Bulletin.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Our corrosive oceans: exploring regulatory responses and a possible role for tribes.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
One of the items featured is an announcement from the U.S. Sentencing Commission about establishing a tribal advisory group.

National Indian Law Library Bulletin (8/18/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/18/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
United States v. Lasley (Sentencing – Guidelines to Major Crimes Act)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Frank’s Landing Indian Community v. National Indian Gaming Commission (Indian Gaming Regulatory Act – Indian Tribes Eligible for Gaming)
Pakootas v. Teck Cominco Metals, LTD (Regulation of Air Pollution)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
Gila River Indian Community v. Department of Child Safety (Indian Child Welfare Act – Transfer to Tribal Court)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature an article on the Alaska land-into-trust battle.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Implementing and defending the Indian Child Welfare Act through revised State requirements.
Indian treaty fishing rights and the environment: affirming the right to habitat  protection and restoration.
Cannabis on tribal lands: an alternative to Michigan regulation of marijuana?
The crown lands trust: who were, who are, the beneficiaries?

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Bureau of Indian Affairs published a rule on the leasing of Osage Reservation lands for oil and gas mining.

National Indian Law Library Bulletin (8/11/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/11/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Ute Indian Tribe of the Uintah and Ouray Reservation v. Myton (Reservation Boundaries)
Bodi v. Shingle Springs Band of Miwok Indians (Tribal Sovereign Immunity – Waiver)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
North Fork Rancheria of Mono Indians of California v. State of California (Gaming Compacts – Good Faith Negotiations)
James Raymond Acres v. Blue Lake Rancheria Tribal Court (Jurisdiction – Exhaustion of Tribal Court Remedies)
Jamul Action Committee v Jonodev Chaudhuri (Indian Lands Eligible for Gaming)
Tanner-Brown v. Jewell (Class Actions; Fiduciary Duties; Standing)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature some articles on tribes impacting the fossil fuel industry and policy on climate change.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Protecting tribal skies: why Indian tribes possess the sovereign authority to regulate tribal airspace.
A starving culture: Alaskan Native Villages fight to use traditional hunting and fishing grounds.
Federal statutory responsibility and the mental health crisis among American Indians.
Lessons learned: avoiding the hardships of tribal mineral leasing in the development of Oklahoma tribal wind energy.
Nothing personal (or subject matter) about it: jurisdictional risk as an impetus for non-tribal opt-outs from tribal economies, and the need for administrative response.
The Great Sioux Nation v. the “Black Snake”: Native American rights and the Keystone XL pipeline.
Indigenous issues under the European Convention of Human Rights, reflected in an inter-American mirror.
Mexican energy reform, climate change, and energy justice in Indigenous communities.
Sovereignty and Indigenous Peoples in North America.
California’s REDD rubberstamp: avoiding constitutional concerns, but at what cost?

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Bureau of Indian affairs, Bureau of Indian Education, announces a scheduled meeting of the Advisory Board for Exceptional Children to meet the mandates of the Individuals with Disabilities Education Act of 2004 for Indian children with disabilities.

National Indian Law Library Bulletin (8/5/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/5/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 7/13/16 in Jones v. Norton (Wrongful Death)

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
United States v. Lamott (Violence Against Women Act)
United States v. Alvirez (Crimes – Indian Status)
Confederated Tribes of Grand Ronde Community of Oregon v. Jewell (Land into Trust; Recognized Indian Tribe under Federal Jurisdiction)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Brakebill v. Jaeger (Voting Rights – ID Requirements)
Littlefield v. Department of Interior (Land into Trust – Federal Acquisition)
Little Traverse Bay Bands of Odawa Indians v. Snyder (Reservation Diminishment)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
Findleton v. Coyote Valley Band of Pomo Indians (Sovereign Immunity – Construction Contracts)
Seminole Tribe of Florida v. Schinneller (Sovereign Immunity; Personal Injury – Slip and Fall)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development and Intergovernmental sections, we feature articles about tribal marijuana businesses.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One new bill was added:
H.R.5926: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017. See TITLE III DEPARTMENT OF EDUCATION: INDIAN EDUCATION.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Tribal leakage: How the curse of trust land impedes tribal economic self-sustainability.
Biagaweit: securing water from the mighty river in the Snake River Basin Adjudication.
What is the federal reserved water rights doctrine, really? Answering this question in Idaho’s Snake River Basin Adjudication.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice from the Bureau of Census relating to tribal consultation meetings being held across the U.S. to get feedback on the 2020 census.

Native American Law Library Bulletin (7/29/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 7/29/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 7/7/16 in Kelsey v. Bailey (Indian Civil Rights Act – Due Process)

In addition, see the Tribal Supreme Court Update Memoranda of July 14, 2016.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Mackinac Tribe v. Jewell (Tribal Federal Recognition)
Patchak v. Jewell (Land into Trust)
Poarch Band of Creek Indians, Plaintiff-Counter Defendant-Appellee, v.
James Hildreth, Jr., in his official capacity as Tax Assessor of Escambia County, Alabama, Defendant-Counter Claimant-Appellant (Indian Lands – Taxation)
United States v. Barnett (Embezzling Funds from Indian Tribe)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Renteria v. Shingle Springs Band of Miwok Indians (Child Custody – Tribal Court Jurisdiction)
United States of America vs. Tawnya Bearcomesout (Double Jeopardy)
Green v. Director/Secretary, California Department of Corrections and Rehabilitation (Prisoners – Religious Freedom)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Abbigail A. (Indian Child Welfare Act – Application of)
In re Alexandria P. (Indian Child Welfare Act – Placement)
In re Isaiah W. (Indian Child Welfare Act – Notice)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature some articles about national Republican and Democrat positions relating to Native Americans.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
Seven new bills were added:
S.3234: Indian Community Economic Enhancement Act of 2016.
S.3261: A bill to establish a business incubators program within the Department of the Interior to promote economic development in Indian reservation communities.
S.3273: A bill to make technical corrections to the Alaska Native Claims Settlement Act, and for other purposes.
H.R.5909: To ensure equitable treatment of Shee Atika, Incorporated under the Alaska Native Claims Settlement Act by facilitating the transfer of land on Admiralty Island, Alaska and for other purposes.
S.3216: A bill to repeal the Act entitled “An Act to confer jurisdiction on the State of Iowa over offenses committed by or against Indians on the Sac and Fox Indian Reservation.”
H.R.5811: To authorize the Secretary of the Interior to assess sanitation and safety conditions at Bureau of Indian Affairs facilities that were constructed to provide treaty tribes access to traditional fishing grounds and expend funds on construction of facilities and structures to improve those conditions, and for other purposes.
H.R.5854: To amend title 18, United States Code, to enhance protections of Native American cultural objects, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
The place of the First Peoples in the international sphere: a logical starting point for the demand for justice by Indigenous Peoples.
Commentary: federal treaty and trust obligations, and ocean acidification.
Practical reasoning and the application of general federal regulatory laws to Indian Nations.
Plenary power, political questions, and sovereignty in Indian affairs.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
The Department of the Interior, Bureau of Indian Affairs, provided a notice of training sessions on the new Indian Child Welfare Act regulations.

National Indian Law Library Bulletin (6/17/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/17/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition for certiorari was filed on 6/13/16 in Lewis v. Clarke (Tribal Sovereign Immunity – Damages Actions Against Tribal Employees)
Find the latest Tribal Supreme Court Update Memoranda of June 15, 2016, at the Tribal Supreme Court Project website.

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
O’Brien v. Berry (Protective Order – Precluded by Tribal Court Proceedings)
State, ex rel. Children, Youth and Families Department v. Nathan H. (Indian Child Welfare Act – Application of)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
We feature a couple of articles about the U.S. Supreme Court decision relating to the 6th Amendment and prior tribal court convictions impacting treatment of criminal defendants.

U.S. Legislatio n Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
The Native American Children’s Safety Act became law.
We added one new bill:
H.R.5486: To reaffirm that certain land has been taken into trust for the benefit of the Poarch Band of Creek Indians, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Everything old is new again: Enforcing tribal treaty provisions to protect climate change-threatened resources.
Going “all-in” against the NLRB: How tribal self-government lost on the river in the Sixth Circuit [Soaring Eagle Casino & Resort v. NLRB, 791 F.3d 648 (6th Cir. 2015)].
A tiny fish and a big problem: Natives, elvers, and the Maine Indian Claims Settlement Act of 1980.
Plenary energy.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature the new Bureau of Indian Affairs Indian Child Welfare Act regulations.

National Indian Law Library Bulletin (6/13/2016)

Matthew L.M. Fletcher1 Comment

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/13/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
U.S. v. Bryant (Uncounseled Tribal-court Misdemeanor Convictions) was decided on 6/13/16. Petition for certiorari was denied in Seminole Tribe v. Stranburg (State Taxation on Reservation Lands) on 6/13/16 and in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. DOI (Religious Freedom Restoration Act – Access to Land) on 6/6/16.

Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Jamul Action Committee v. Chaudhuri (Indian Gaming Regulatory Act – NEPA Review)
Cayuga Nation v. Tanner (Indian Gaming – Local Anti-Gaming Ordinances)

U.S. Federal Trial Courts
http://www.narf.org/nill/bulletins/dct/2016dct.html
Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes (Trust Lands; National Historic Preservation Act)
In the Matter of the Will of Phyllis J. Campbell (Wills and Trusts – Osa ge Headrights)
Seminole Tribe of Florida v. Florida (Indian Gaming Regulatory Act – Good Faith Negotiations)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
White v. Schneiderman (State Taxation of Tribal Tobacco)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Sacred Places section, we feature an article about the U.S. Supreme Court’s decision not to hear a dispute over a solar plant on sacred tribal land.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added six new bills:
H.R.5295: Certainty for States a nd Tribes Act.
H.R.5379: Requirements, Expectations, and Standard Procedures for Executive Consultation with Tribes (RESPECT) Act.
H.R.5406: To amend the Indian Health Care Improvement Act to improve access to tribal health care by providing for systemic Indian Health Service workforce and funding allocation reforms, and for other purposes.
H.R.5412: To provide the right of American Indians born in Canada or the United States to pass the borders of the United States to any individual who is a member, or is eligible to be a member, of a Federally recognized Indian tribe in the United States or Canada, and for other purposes.
H.R.5437: To implement a mandatory random drug testing program for certain employees of the Indian Health Service, and for other purposes.
H.R.5452: To amend the Internal Revenue Code of 1986 to permit individuals eligible for Indian Health Service assistance to qualify for health savings accounts.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
These articles were added:
Proposals for resolving reservation residents’ bail catch-22: A case study of the St. Regis Mohawk Indian Reservation & the Town of Bombay, New York.
Tribal management under the MMPA: A way forward for local control.
Where there’s smoke, there’s fire: The state-tribal quandary of tribal marijuana.
Killing the policy to save the child: Comparing the historical removal of Indigenous children in Australia to the United States and how the countries can learn from each other.
Res extra commercium and the barriers faced when seeking the repatriation and return of potent cultural objects.
Case law on American Indians: August 2014-August 2015.
Guide for tribal appeals by pro se litigants and lay advocates.
Methods to measure compliance with the Indian Child Welfare Act.
The plight of New England tribes pursuing federal recognition.
NAGPRA and its limitations: Repatriation of Indigenous cultural heritage.
Untangling the web: Juvenile justice in Indian Country.
Avoiding extinction, preserving culture: Sustainable, sovereignty-centered tribal citizenship requirements.
Consultation or consent: The United States’ duty to confer with American Indian governments.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Indian Health Service about tribal consultation and urban confer sessions on the state of the Great Plains area Indian Health Service.

National Indian Law Library Bulletin (6/2/2016)

Matthew L.M. Fletcher1 Comment

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 6/2/16.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2015-2016update.html
Petition was denied on 5/31/16 in Citizens Against Casino Gambling in Erie County v. Chaudhuri (Indian Lands – Restricted Fee Status)

Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Timbisha Shoshone Tribe v. U.S. Department of Interior (Intragovernmental Dispute – Jurisdiction)

U.S. Federal Trial Courts
http://www.narf.org/nill/bulletins/dct/2016dct.html
State of Texas v. Ysleta del Sur Pueblo (Restoration Act – Gaming Activities)
Banks v. Cashcall, Inc. (Loan Agreement – Arbitration)
Johnson W. Greybuffalo v. Jon Litscher, Kelli Willard West, Gary Boughton, Samuel Appau (Prisoner Rights – Sweat Lodge)
Menominee Indian Tribe of Wisconsin v. Drug Enforcement Administration and U.S. Dept. of Justice (Farm Bill – Industrial Hemp Cultivation)
No Casino in Plymouth v. Jewell (Gaming – Land int o Trust)
Wyoming v. United States Department of the Interior (Regulation of Hydraulic Fracturing on Indian Lands)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we include two articles relating to labor and employment on the reservation.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added three new bills:
S.3004: A bill to make technical corrections to the Alaska Native Claims Settlement Act, and for other purposes.
S.3013: A bill to authorize and implement the water rights compact among the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation, the State of Montana, and the United States, and for o ther purposes.
S.3014: A bill to improve the management of Indian forest land, and for other purposes.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
Three articles were added:
Conflict between intellectual property rights and human rights: a case study on intangible cultural heritage.
American Indian children and U.S. policy.
A wind watcher’s tale: Skinned alive.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Department of Defense about listening sessions to be held regarding requests to exhume and repatriate Native American burials from Carlisle Indian Industrial School cemetery.

National Indian Law Library Bulletin (5/26/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 5/26/16.

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
Kitras v. Town of Aquinnah (Easement by Necessity)
In re A.R.V.S. (Indian Child Welfare Act – Juvenile Dependency Appeals)
People in Interest of A.B. (Indian Child Welfare Act – Expert witnesses)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Education section, we feature an article about a Native American student who filed a class-action lawsuit in an education scandal.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
One bill became law: H.R.4238, To amend the Department of Energy Organization Act and the Local Public Works Capital Development and Investment Act of 1976 to modernize terms relating to minorities became PL 114-157.
We added two new bills:
S.2953: Indian Health Service Accountability Act of 2016.
S.2959: A bill to amend the White Mountain Apache Tribe Water Rights Qua ntification Act of 2010 to clarify the use of amounts in the WMAT Settlement Fund.

National Indian Law Library Bulletin (5/19/2016)

Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 5/19/16.

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
National Wildlife Federation v. National Marine Fisheries Service (Endangered Species Act – Fisheries)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Intergovernmental section, we feature an article about the efforts of the Senate Committee on Indian Affairs to move bills quickly through Congress.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a rule of the Environmental Protection Agency on a revised interpretation of the Clean Water Act tribal provision.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2016lr.html
We added these articles:
The Washington Redskins’ deflating hope: the Lanham Act survives the First Amendment challenge.
Gas, roads, and glory: North Dakot a and MHA nation’s struggle over flaring regulation.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added two new bills:
S.2950: A bill to require the Administrator of the Environmental Protection Agency to receive, process, and pay certain claims relating to the Gold King Mine spill.
H.R.4238:  To amend the Department of Energy Organization Act and the Local Public Works Capital Development and Investment Act of 1976 to modernize terms relating to minorities.