Native American Law Report articles from April 2004

Native American Law Report archives from April 2004

An unprecedented effort.(Slants & Trends)(Brief Article)
April 1, 2004... AN UNPRECEDENTED EFFORT by Indian tribes opposing a judicial nominee failed to keep 9th Circuit Appeals Court nominee William Myers III from being approved 10-9 in the Senate Judiciary Committee. But all nine committee Democrats did vote...

To the backdrop of applause.(Slants & Trends)(Brief Article)
April 1, 2004... TO THE BACKDROP OF APPLAUSE from several Congressmen, parties in Cobell v. Norton have inched a baby step forward with their April 6 consensus on two mediators. The mediation process--the sixth such attempt, according to Indian plaintiffs'...

The replacement.(Slants & Trends)(Brief Article)
April 1, 2004... THE REPLACEMENT of William Myers III as Interior Department solicitor could be swift but, according to some Indian advocates, not too promising for Indian Country. Last month, the Senate Energy Committee voted to approve nominee Sue Ellen...

Tribes' demands for full funding of CSCs are consolidated before supreme court.(Contract Support Costs)
April 1, 2004... Indian law experts are on the alert, now that the Supreme Court has agreed to consider whether the federal government must pay for all contract support costs (CSCs) incurred by tribally contracted health programs. The issue is ripe for a...

U.S. appeals court reverses order to disconnect interior computers.(Interior IT)(Brief Article)
April 1, 2004... The Interior Department's computer systems are back online, even though a federal court ordered it to disconnect over security reasons March 15. In his order, District Judge Royce Lamberth said the disconnection was necessary to protect...

High court remands pollution case involving water in the everglades.(Supreme Court)
April 1, 2004... Disappointing parties in a water pollution case, the Supreme Court declined to resolve it March 23, opting instead to send it back to a lower court for reconsideration. Now the Miccosukee Tribe of Indians in Florida will continue waiting to see...

Court-appointed investigator resigns, cites his 'distraction' to case progress.(Cobell v. Norton)
April 1, 2004... Alan Balaran has resigned from his position as special master in the Cobell v. Norton Indian trust fund case, marking yet another casualty of the pressures imposed by the eight-year case. Citing recent campaigns by the federal government to...

Miccosukee tribe wants to keep lands being targeted for restoration project.(Land Rights)
April 1, 2004... A Florida tribe is asking a state judge to dismiss an eminent domain lawsuit, so it can retain lands the state is eyeing for an environmental restoration project. The Miccosukee Tribe of Indians faces an eminent domain lawsuit by the...

New bill could open doors for tribes to offer lower-rate workers' comp.(State Legislation)(Brief Article)
April 1, 2004... If a new California bill becomes law, Indian tribes could begin offering what they call "alternatives" to the higher-priced worker compensation insurance that is typically available to employers. The issue became a hot legal topic in recent...

Cobell inspires court-imposed policy on government handling of records.(Indian Case Law Abstracts)
April 1, 2004... The Pueblo of Laguna v. United States U.S. Court of Federal Claims, No. 02-24 L (March 19, 2004) The U.S. Court of Federal Claims has imposed a document preservation order on the federal government in a case involving tribal trust funds....

Kennewick man does not belong to tribes under NAGPRA, without present affiliation.(Indian Case Law Abstracts)
April 1, 2004... Bonnichsen v. United States 357 F.3d 962 (9th Cir. 2004) A federal appeals court has ruled that in order for human remains to be considered "Native American" within the meaning of the Native American Graves Protection and Repatriation Act...

Tribe's request to explore legal action does not mean a waiver of sovereignty.(Indian Case Law Abstracts)
April 1, 2004... Schilling v. Wisconsin Department of Natural Resources 298 F.Supp.2d 800 (W.D.Wis. 2004) A federal district court has ruled that a tribe did not waive its sovereign immunity when it asked the Bureau of Indian Affairs (BIA) to take legal...

Board deciding legal subsistence areas need not identify each tribe in analysis.(Indian Case Law Abstracts)
April 1, 2004... State of Alaska v. Kenaitze Indian Tribe 83 P.3d 1060 (Alaska 2004) The Alaska Supreme Court has upheld a state regulatory decision designating a wide area where subsistence harvesting of fish and game will not be allowed under general fish...

Bank cannot sue over speculation of tribe's reservation boundaries.(Indian Case Law Abstracts)
April 1, 2004... County of Mille Lacs v. Benjamin U.S. Court of Appeals, 8th Cir., No. 03-2527 (March 9, 2004) A federal appellate court has ruled that neither a bank nor a county had standing to challenge the boundary status of an Indian reservation. ...

Local and tribal family services proved they tried to avoid break-up of family.(Indian Case Law Abstracts)
April 1, 2004... In the Interest of J. P. and D. P., Children 674 N.W.2d 273 (N.D. 2004) The North Dakota Supreme Court has ruled that social service agencies made adequate efforts, under the Indian Child Welfare Act (ICWA), to provide remedial services in...

Nonprofit entity of sovereign members not protected by sovereign immunity.(Indian Case Law Abstracts)
April 1, 2004... Runyon ex rel. B. R. v. Association of Village Council Presidents 84 P.3d 437 (Alaska 2004) The Alaska Supreme Court has ruled that a nonprofit corporation consisting of federally recognized tribes was not protected by the sovereign...

Tribe's application for state license does not necessarily waive immunity.(Indian Case Law Abstracts)
April 1, 2004... Winnebago Tribe of Nebraska v. Kline 297 F.Supp.2d 1291 (D.Kan. 2004) A federal district court has ruled that a tribal corporation did not necessarily waive its sovereign immunity when it applied for a state license. The Winnebago...

N.Y. court allows icebreaking to continue despite tribe's environmental concerns.(Environment)
April 1, 2004... The St. Regis Mohawk Tribe has failed in its attempt to get a court injunction against the St. Lawrence Seaway Development Corp. to prevent icebreaking operations and early navigation, which it contends cause environmental damage. The U.S....

NIGC/Tribal Consultation Policy.(National Indian Gaming Commission)(Brief Article)
April 1, 2004... NIGC/Tribal Consultation Policy. Notice/policy statement. The National Indian Gaming Commission (NIGC) has released its Government-to-Government Tribal Consultation Policy, which establishes a framework for consultation between the commission...