Indian Law Updates Archives

(Return to Articles & Writings)

Search Help

Advanced Search

Trust Litigation Settlement Still Before Congress

September 22, 2006

Posted & © By: Brad Jolly, Partner

Congress is still attempting to pass settlement legislation for the Cobell litigation. However, Senator McCain has criticized the Bush administration's apparent delay tactics in resolving the matter. Interior's failure to respond to the settlement legislation will most likely stop the legislation from passing before the upcoming recess that will last until after the November elections.

The bill would provide $8 billion as a settlement of the moneys the government has lost and stolen from Individual Indian Money ("IIM") accounts - a paltry amount compared to the estimated $127 billion that forensic accountants estimate the government owes individual Indian landowners. more »

Indian Affairs Committee Approves Artman

September 20, 2006

Posted & © By: Brad Jolly, Partner

On September 14, 2006, the Senate Indian Affairs Committee unanimously approved Carl Artman's nomination as Assistant Secretary-Indian Affairs. The full Senate is expected to confirm Artman without any issues.

Bill Would Allow Funding for Tribal Veterans Cemeteries

September 8, 2006

Posted & © By: Brad Jolly, Partner

Representative Tom Udall (D-NM) proposed a bill in the House of Representatives that would permit states for provide grants financed by the Department of Veterans Affairs for the development of veterans cemeteries on tribal lands. In essence, Indian veterans killed in battle will be able to be buried near home without foregoing burial in a cemetary designated for veterans. Currently, Indian veterans killed in battle can be buried near their home or buried in a national veterans cemetery - a difficult choice for many. more »

New Law Includes Tribes in ERISA

August 22, 2006

Posted & © By: Brad Jolly, Partner

President Bush signed the Pension Protection Act of 2006, which made significant changes to the Employment Retirement Income Security Act ("ERISA"). Section 906 of the new Act brings Indian tribes expressly under the ERISA. Prior to this new law, ERISA did not mention tribes and it was not entirely clear whether ERISA applied to tribes. Many tribes and law firms, including Smith & Jolly, did not concede that ERISA applied to tribes. more »

Bush Nominates New ASIA

August 7, 2006

Posted & © By: Brad Jolly, Partner

President Bush nominated Carl J. Artman as the new Assistant-Secretary of Indian Affairs. Artman is a member of the Oneida Nation Wisconsin. He currently serves as an associate solicitor for Indian affairs at Interior and previously was chief counsel to the Oneida Nation.

Amber Alert for Tribes

July 31, 2006

Posted & © By: Brad Jolly, Partner

The Department of Justice is talking to tribal leaders about the possibility of bringing the Amber Alert system to Indian country. The Department of Justice is encouraging tribes to develop plans, similar to states, that are tailored to their individual needs.

Tribes Seeking Exclusion from NLRA

July 19, 2006

Posted & © By: Brad Jolly, Partner

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 Employees Union ("HERE") had filed a complaint against the San Manuel Band of Mission Indians before the National Labor Relations Board ("NLRB") a few years ago. Although many tribes filed briefs before the NLRB urging it to recognize that tribes are not subject to the NLRA or, at a minimum, have the same authority as states to enact their own laws governing union shops and similar matters governed by the NLRA, the NLRB failed to recognize or respect tribal sovereignty or self-government and chose to treat tribes as though they are private entities subject to the NLRA. more »

Cobell v. Kempthorne, D.C. Dist. Ct. (a.k.a. "Indian Trust Litigation")

July 14, 2006

Posted & © By: Brad Jolly, Partner

On July 11, 2006, the D.C. Circuit removed Judge Royce C. Lamberth from the case, claiming that he had shown too much bias against the Department of Interior.

Unfortunately, the Senate Committee on Indian Affairs also decided not to let the Indian Trust Reform Act of 2005 out of committee. This legislation is designed to settle the Cobell litigation. It seems the administration expressed concern about the multi-billion dollar cost of returning money owed to individual Indians with Individual Indian Money accounts ("IIM accounts"). more »

1 2 3 4 5 6 7

(Return to Articles & Writings)

INDIAN LAW UPDATES

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

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... more »

Agua Caliente Band of Cahuilla Indians v. Superior Court, Cal. S.Ct. (Dec. 21, 2006)

In a 4-3 split decision, the California Supreme Court upheld the California Court of Appeals decision that Indian tribes do not have sovereign immunity against suits seeking to enforce state campaign contribution... more »

NIGC Publishes Rule-Making Agenda

The National Indian Gaming Commission ("NIGC") has updated its proposed rule-making agenda. In its semi-annual regulatory agenda, the NIGC has listed seven rules in the proposed stage, three in the final... more »

NIGC Case Involves Greater Issues than MICS Authority

The D.C. Circuit's decision holding that the NIGC lacks authority to fully regulate class III gaming involves a lot more than the limited issue raised in the litigation and determined by the courts. It... more »