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Apology Resolution Introduced in House

February 13, 2007

Posted & © By: Brad Jolly, Partner

Representative Jo Ann Davis (R-VA) re-introduced a joint resolution, H.J. Res. 3, to apologize to Indian peoples for their treatment by the United States. The bill is co-sponsored by six other congressmen. While Congresswoman Davis' resolution introduced in the 109th Congress received little attention, H.J. Res. 3 was sent to the House Resources Committee for consideration.

The proposed resolution cites and lists numerous policies and actions of the United States designed to eliminate Indian peoples and Indian nations. more »

NIGC Withdraws Class II Proposed Regs

February 13, 2007

Posted & © By: Brad Jolly, Partner

Last Friday, National Indian Gaming Commission ("NIGC") Chairman Phil Hogen said that the agency will not be making its proposed drastic changes to class II gaming regulations. Chairman Hogen stated that the NIGC will still work on new regulations, but will begin from scratch with a new proposed rule. The agency is expected to publish its official withdrawal of both the definitions and classification standards as well as the technical standards it published last year. more »

San Manuel v. NLRB, D.C. Cir. (Feb. 9, 2007)

February 12, 2007

Posted & © By: Brad Jolly, Partner

On February 9, 2007, the District of Columbia Circuit handed down its decision in San Manuel v. NLRB. The D.C. Circuit held that the National Labor Relations Act ("NLRA") applies to Indian tribes and their economic enterprises. Although not a surprising result, it is still a disappointing one. In fact, the decision may actually be farther reaching than the National Labor Relations Board's ("NLRB") decision in that the NLRB somewhat limited its decision to economic enterprises while the D.C. more »

Bush Proposes to Slash Indian Health Care, Education, and Housing Funding

February 10, 2007

Posted & © By: Brad Jolly, Partner

Although the Bush Administration's proposed 2008 budget purports to include a modest increase in overall funding for Indian programs, it includes glaring cuts in Indian health care for Indians residing off-reservation, education programs for Indian children in public schools, and housing improvement programs.

For the second year in a row, the Administration has proposed to eliminate the $33 million Urban Indian Health Program, a system of 34 health clinics that provide low-cost health care to urban Indians. more »

Prairie Band Potawatomi Nation v. Wagnon, 10th Cir. (Feb. 6, 2007)

February 8, 2007

Posted & © By: Brad Jolly, Partner

After remand from the United States Supreme Court to reconsider its decision requiring the State of Kansas to acknowledge and respect vehicle license plates and registrations issued by the Prairie Band Potawatomi Nation, the 10th Circuit once again instructed Kansas that it cannot discriminate against the Nation in recognizing its vehicle registration and licensing.

In 2001, the 10th Circuit upheld the District of Kansas' grant of a preliminary injunction in favor of the Nation prohibiting the State of Kansas from citing drivers with Potawatomi registrations and license plates for failure to have Kansas registrations and plates. more »

Indian Affairs Committee Approves Artman Again

February 2, 2007

Posted & © By: Brad Jolly, Partner

On Thursday, after its confirmation hearing of Carl Artman for the position of Assistant Secretary Indian Affairs, the Senate Committee on Indian Affairs once again approved the Bush Administration's nomination of Mr. Artman. During the hearing, Artman was questioned about non-gaming economic development opportunities for Indian tribes. He responded that he believed energy development could provide economic development opportunities for tribes. more »

Ford Motor Company v. Todecheene, 9th Cir. (Feb. 1, 2007)

February 2, 2007

Posted & © By: Brad Jolly, Partner

The Ninth Circuit withdrew its 2005 decision in Ford Motor Company v. Todecheene, 394 F.3d 1170 (9th Cir. 2005). The Court determined that last years en banc decision in Smith v. Kootenai College, 434 F.3d 1127 (9th Cir. 2006), "did not resolve the jurisdiction issue presented in" Ford Motor Company. Ford Motor Company, No. 02-17048 at 1162 (Feb. 1, 2007). As a result, the Court determined that it "cannot say that the tribal courts in this case plainly lack jurisdiction over the dispute among Ford Motor Company, the Todecheenes and the Navajo Nation." Id. at 1162-63. more »

Senate Committee to Re-Consider Artman as ASIA

January 30, 2007

Posted & © By: Brad Jolly, Partner

Even though the Senate Indian Affairs Committee approved Carl Artman and sent his nomination for Assistant Secretary Indian Affairs to the full Senate for confirmation last term, an unrelated partisan dispute kept the full Senate from confirming Artman before the end of the 109th Congress. So, the new Senate Indian Affairs Committee, led by Senator Byron Dorgan (D-ND) will reconsider Artman's nomination to the ASIA position in a hearing on Thursday. more »

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INDIAN LAW UPDATES

Partner Selected to Participate in Book

Brad Jolly has been selected to participate in writing a chapter in an upcoming book on tribal-state relations. Aspatore Books, part of Thomson Reuters, is a publisher of C-Level (CEO, CFO, CTO, CMO, Partner)... more »

Cobell Trial Date Set

On April 20, 2007, the new judge, James Robertson, assigned to the Cobell litigation set trial to begin on October 10, 2007 and "continue as long as necessary." The trial is designed to... more »

Supreme Court Denies Sovereign Immunity Case

The Supreme Court denied cert in Burrell v. Armijo, a 10th Circuit case involving tribal sovereign immunity. The suit was brought by non-Indians who leased land from the Santa Ana Pueblo. The lessees... more »

Tribes Seeking Exclusion from NLRA

Representative J.D. Hayworth (R-AZ) has introduced a bill that would provide that tribes are not subject to the National Labor Relations Act ("NLRA"). As some may recall, the Hotel Employees and Restaurant... more »