Here is the unpublished opinion.
Briefs are here.
Lower court materials here.
Oglala Sioux Tribe
Press Release: Interior Announces $1.2 Million to Be Awarded to Tribes to Take Control, Operate Their Bureau of Indian Education-Funded Schools
As part of the Obama Administration’s historic commitment to ensure that all students attending Bureau of Indian Education (BIE)-funded schools receive a world- class education, U.S. Secretary of the Interior Sally Jewell and Assistant Secretary – Indian Affairs Kevin K. Washburn today announced that six federally recognized tribes have been awarded $1.2 million in Sovereignty in Indian Education (SIE) enhancement funds to promote tribal control and operation of BIE-funded schools on their reservations. The funds implement a recommendation contained in the Blueprint for Reform of the Bureau of Indian Education issued on June 13, 2014, by the American Indian Education Study Group convened by Secretary Jewell and U.S. Education Secretary Arne Duncan.
“Increasing tribal control over BIE-funded schools not only promotes tribal self-determination, but also provides greater tribal discretion in determining what American Indian children should learn, increasing accountability throughout the school system,” Secretary Jewell said. “With school management authority, these communities will have more power to create lessons with tribal cultural values and Native languages, both of which can ensure their children stay connected to their heritage and help them to succeed in the future. These enhancement funds can make the difference in an effective, relevant and rigorous education for American Indian children.”
The following tribes will receive enhancement funding:
- Gila River Indian Community, Sacaton, Arizona
- Standing Rock Sioux Tribe, Fort Yates, North Dakota
- Turtle Mountain Band of Chippewa, Belcourt, North Dakota
- Tohono O’Odham Nation, Sells, Arizona
- Navajo Nation, Window Rock, Arizona
- Oglala Sioux Tribe, Pine Ridge, South Dakota
Full press release here.
Eighth Circuit Briefs in Lee v. Cleve Her Many Horses (Challenge to Oglala Sioux Tribal Govt.)
Nebraska Court of Appeals Overturns Lower Court Removing Child for Truancy Under ICWA
Opinion here (from June 24).
On February 26, 2013, the juvenile court ordered Mischa to be placed into foster care and the case plan was modified to allow for liberal visitation of Mischa with her family. In reaching this decision, the court noted the parents’ argument that Neb. Rev. Stat. § 43-1505(5) (Reissue 2008) provides that foster care placement may not be ordered in the absence of a determination by clear and convincing evidence includ- ing testimony of qualified expert witnesses that continued custody by the parent or Indian custodian is likely to result in serious emotional and physical damage to the child. The court found that serious emotional damage would result to Mischa as a result of insufficient education. The court found, however, that even in the absence of such proof, the statute is unconstitutional as applied in this case, stating that “Indian children are entitled to no less educational opportunity than other children and accordingly, as applied in this particular case, such statute is unconstitutional to the extent that it would deny Mischa educational opportunity even in the absence of serious emotional and physical damage . . . .” The order was silent on whether active efforts had been provided to prevent the breakup of this family. Deanna and Chris subsequently perfected their appeal to this court.
Al Jazeera Profile on Indian Country Payday Lending
Nick Nehamas’ profile, “The tribe that said no: How one rogue tribal member tried to drag the Oglala Sioux into payday lending.”
Temporary Stay Lifted by Nuclear Regulatory Commission in In re Powertech USA
Order here.
At its heart, the dispute over a stay boils down to a disagreement over the NHPA consultation process. Intervenors argue that the process by which the Programmatic Agreement was created was inadequate, and therefore fails to fully protect the Tribe’s [Oglala Sioux] sensitive and significant historic and cultural resources. Powertech, and the NRC Staff disagree and believe the Programmatic Agreement memorialized a fair and adequate process that fully protects all potential cultural and historic resources at the Dewey-Burdock sites.
Federal Court Challenge to Oglala Sioux Tribal Government Dismissed
Here are the materials in Lee v. Cleve Her Many Horses (D.S.D.):
29 Motion to Dismiss Individual Defendants
32 Opposition to Motion to Dismiss Individual Defendants
34 Motion to Dismiss for Lack of Jurisdiction
36 Reply in Support of Motion to Dismiss Individual Defendants
Pine Ridge Voting Rights Act Concludes
News coverage here. South Dakota will provide an in-person absentee voting station in Shannon County (Pine Ridge Reservation) for the same number of days as all other areas — 46 days as required under state law — compared to the six days provided to Pine Ridge. South Dakota, after the conclusion of the case, asked for costs; Judge Schreier denied that motion.
Here are the materials in Brooks v. Gant (D. S.D.):
159 DCT Order Dismissing Complaint wo Prejudice
161 South Dakota Bill of Costs
163 DCT Order Denying Bill of Costs
An excerpt from docket number 163:
Under the facts of this case, it would be unjust to require plaintiffs to pay defendants’ costs. Defendants refused to provide plaintiffs with the relief they requested until this lawsuit was filed. It was only when defendants faced actual litigation that defendants were able to work cooperatively with each other to provide the relief sought by plaintiffs. Additionally, plaintiffs stood to gain nothing personally from this Voting Rights Act litigation. The action was brought by individual plaintiffs, all of whom are persons without great means, to vindicate the voting right of all Native Americans who live on the Pine Ridge Indian Reservation. Defendants on the other hand, who are being represented by the South Dakota Public Assurance Alliance, have the wherewithal to afford to pay their share of the costs associated with this litigation. Had defendants voluntarily agreed to provide the relief requested by plaintiffs when approached before the litigation was filed, they could have avoided the costs they are now seeking.
NYTs Video Report on Impact of Sequestration at Pine Ridge
Here.
Oglala Sioux Tribe Faces Ultimatum (or is it Extortion?) in Wounded Knee Property Sale
Here.
Turtle Talk 
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