Good Morning, NUNAverse,
Oklahoma’s petitions asking the U.S. Supreme Court to reverse or limit its decision in McGirt v. Oklahoma were rescheduled for review on Friday. The state seeks the full reversal of the court’s decision in the landmark 2020 case. Oklahoma alternatively asks the nation’s top court to limit its decision and allow the state to criminally prosecute non-Native people who commit crimes against Native people on reservations. The Supreme Court was originally scheduled to review the petitions on January 7 before online court records show the matter was moved to the January 14 conference. The U.S. Supreme Court ruled in 2020 Congress never “disestablished” the reservation status of the Muscogee (Creek) Nation, and overturned the state conviction of Jimcy McGirt, who was retried in federal court and sentenced to life in prison. The Oklahoma Court of Criminal Appeals in 2021 applied the ruling to the Choctaw, Cherokee, Chickasaw, Seminole, and Quapaw Nations.
The Biden administration has announced plans to reduce the area in the National Petroleum Reserve-Alaska available for oil and gas development. The Bureau of Land Management announced it is reverting from a 2020 Trump-era action plan to an Obama-era 2013 plan and incorporating some stipulations in the Trump administration’s plan. The stipulations include “certain more protective lease stipulations and operating procedures for threatened and endangered species.” The change leaves almost 12 million acres of land, or 52 percent of the petroleum reserve available for development. The Arctic Slope Regional Corporation, the Iñupiat Community of the Arctic Slope (a federally recognized tribe), and the North Slope Borough oppose the bureau’s decision. They said in a statement that the latest strategy “diminishes Alaska Native self-determination by ignoring the needs, concerns, and input of the local people who live, work, and subsist in and around the NPR-A.”
Clyde Bellecourt, one of the original founders of the American Indian Movement (AIM), passed away yesterday due to complications with cancer, according to Lisa Bellanger, Co-Director of the American Indian Movement’s Grand Governing Council. He was 85 years old. Along with Dennis Banks, Eddie Benton-Benai, and George Mitchell, Clyde Bellecourt co-founded the American Indian Movement in Minneapolis, Minnesota in 1968. In its beginning, the American Indian Movement aimed to address systemic issues of poverty, discrimination, and police brutality against urban American Indians. Bellecourt and AIM were involved in many highly publicized protests including the Trail of Broken Treaties, a cross-country march to Washington, D.C., to reignite federal-tribal nations’ treaties and relations, and the Wounded Knee Occupation, where approximately 200 Oglala Lakota and the American Indian Movement seized and occupied the town of Wounded Knee, SD for 71 days. AIM also participated in the Occupation of Alcatraz (1969-1971).
A federal lawsuit filed Tuesday claims Washington state officials unlawfully granted Native casinos a ’”discriminatory tribal gaming monopoly” over sports betting and other types of gambling. The lawsuit was filed in U.S. District Court in Washington, D.C., by Maverick Gaming LLC, which owns and operates 19 of 44 licensed card rooms in the state. Maverick and owner Eric Persson have unsuccessfully lobbied state lawmakers in recent years to expand sports gambling beyond tribal casinos. Such gambling was approved only for tribal casinos in March 2020 and went into effect in September 2021 on a case-by-case basis. Washington did enter amended compacts with 15 tribes running various betting venues, the first of which, Snoqualmie Casino, began a sports-betting book in September, in time for the NFL season. The Stillaguamish and Kalispel tribes soon followed. Tuesday’s lawsuit asks to invalidate the agreements that led to sports books being offered by those tribes and to effectively put sports gambling within Washington on hold.
Keep reading for a full news update.
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Indian Country Today
Center For Disease Control
Current Cases in the United States
Law:
Supreme Court Moves Review Of State’s McGirt Argument
Native News Online, Derrick James, January 11
Oklahoma’s petitions asking the U.S. Supreme Court to reverse or limit its decision in McGirt v. Oklahoma were rescheduled for review on Friday. The state seeks the full reversal of the court’s decision in the landmark 2020 case. Oklahoma alternatively asks the nation’s top court to limit its decision and allow the state to criminally prosecute non-Native Americans who commit crimes against Native Americans on reservations. Judges of the court were originally scheduled to review the petitions on Jan. 7 before online court records show the matter was moved to the Jan. 14 conference. The U.S. Supreme Court ruled in 2020 Congress never “disestablished” the reservation status of the Muscogee (Creek) Nation, and overturned the state conviction of Jimcy McGirt, who was retried in federal court and sentenced to life in prison. The Oklahoma Court of Criminal Appeals in 2021 applied the ruling to the Choctaw, Cherokee, Chickasaw, Seminole, and Quapaw Nations.
Joe Biden Reduces Alaska Lands Available For Development
Indian Country Today, Joaqlin Estus, January 11
The Biden administration has announced plans to reduce the area in the National Petroleum Reserve-Alaska available for oil and gas development. The U.S. Geological Survey estimates the reserve, which is located on the western North Slope of Alaska, contains 8.7 billion barrels of developable oil. The Bureau of Land Management Monday announced it is reverting from a 2020 Trump-era action plan to an Obama-era 2013 plan and incorporating some stipulations in the Trump administration’s plan. The stipulations include “certain more protective lease stipulations and operating procedures for threatened and endangered species.” The change leaves almost 12 million acres of land, or 52 percent of the petroleum reserve available for development. The Trump era plan allowed oil and gas development of 18.6 million acres, or 82 percent of the reserve. The Native for-profit Arctic Slope Regional Corporation, the Iñupiat Community of the Arctic Slope (a federally recognized tribe), and the North Slope Borough oppose the bureau’s decision. They said in a statement that the latest strategy “diminishes Alaska Native self-determination by ignoring the needs, concerns and input of the local people who live, work and subsist in and around the NPR-A.”
U.S. Supreme Court Denies Union Springs Petition, Reaffirming Cayuga Nation’s Right To Operate Electronic Bingo Hall
Native News Online, January 11
The Supreme Court has allowed a lower court ruling to stand in the case of Howard Tanner, et al., v. Cayuga Nation, et al., a case in which the Village of Union Springs, New York sought to shut down an electronic bingo hall operated by the Cayuga Nation, because of a local ordinance prohibiting gambling. In July 2021, the U.S. Court of Appeals for the Second Circuit ruled in favor of the Cayuga Nation, affirming a lower court’s finding that the local ordinance, as well as all other state and local laws prohibiting gambling, are preempted by the Indian Gaming Regulatory Act (IGRA). According to Cayuga Nation’s press release, the Village of Union Springs has exhausted all legal avenues to enforce its ordinance. The Village of Union Springs cannot prohibit gaming at Cayuga Nation properties within the borders of the Cayuga Nation reservation.
Card-Room Operator Files Lawsuit Over WA Sports Betting
AP News, January 11
A federal lawsuit filed Tuesday claims Washington state officials unlawfully granted Native American casinos a ’”discriminatory tribal gaming monopoly” over sports betting and other types of gambling. The lawsuit was filed in U.S. District Court in Washington, D.C., by Maverick Gaming LLC, which owns and operates 19 of 44 licensed card rooms in the state. Maverick and owner Eric Persson have unsuccessfully lobbied state lawmakers in recent years to expand sports gambling beyond tribal casinos. Such gambling was approved only for tribal casinos in March 2020 and went into effect in September 2021 on a case-by-case basis. Washington did enter into amended compacts with 15 tribes running various betting venues, the first of which, Snoqualmie Casino, began a sports-betting book in September, in time for the NFL season. The Stillaguamish and Kalispel tribes soon followed. Tuesday’s lawsuit asks to invalidate the agreements that led to sports books being offered by those tribes and to effectively put sports gambling within Washington on hold.
Politics:
Theresa Hatathlie Sworn In As Newest Member Of The AZ Senate
AZ Mirror, Jeremy Duda, January 11
Less than two hours before the 2022 legislative session began, the Senate welcomed Theresa Hatathlie as its newest member. The Coconino County Board of Supervisors appointed Hatathlie, 52, to fill the District 7 Senate seat vacated last month by Sen. Jamescita Peshlakai, who resigned to take a job with the Biden administration at the U.S. Department of the Interior. Like Peshlakai, Hatathlie is Diné, a member of the Navajo Nation. Arizona Supreme Court Chief Justice Robert Brutinel swore in Hatathlie at the Senate on Monday morning. Hatathlie took her oath on a collection of spiritually important items, including an eagle feather, a small arrowhead, corn pollen, a Navajo rug and a weaving tool. At the legislature, Hatathlie’s top priorities will be environmental preservation, safe drinking water, roads and transportation, public education, access to higher education and broadband internet access. She said she shares many of her predecessor’s priorities, and will seek to pass 32 bills that Peshlakai had previously sponsored.
Other:
Senate Committee On Indian Affairs To Host Roundtable On Broadband Infrastructure In Native Communities
Native News Online, January 11
The Senate Committee on Indian Affairs will host a roundtable discussion, entitled “Closing the Digital Divide in Native Communities through Infrastructure Investment” on Wednesday, Jan. 12 at 2:30 p.m. – EST led by Sen. Brian Schatz (D-HI), chairman of the committee. Chairman Schatz and the committee will hear from Tribal leaders and Native-serving organizations on how strong federal investment in broadband infrastructure is bridging the digital divide in Native communities and what more Congress can do to get Native communities connected.
Clyde Bellecourt, One Of Original Founders Of The American Indian Movement, Passes Away
Native News Online Darren Thompson, January 11
Clyde Bellecourt, one of the original founders of the American Indian Movement (AIM), passed away today due to complications with cancer, according to Lisa Bellanger, Co-Director of the American Indian Movement’s Grand Governing Council. His Ojibwe name is Nee-gon-we-way-we-dun—“Thunder Before the Storm.” He was 85 years old. Along with Dennis Banks, Eddie Benton-Benai, and George Mitchell, Clyde Bellecourt co-founded the American Indian Movement in Minneapolis, Minnesota in 1968. In its beginning, the American Indian Movement aimed to address systemic issues of poverty, discrimination, and police brutality against urban American Indians.
Ancient Rock Art Vandalized
National Park Service, January 11
On December 26th, a panel of ancient petroglyphs in the Indian Head area of Big Bend National Park was irreparably damaged when vandals chose to boldly scratch their names and the date across the prehistoric art. Park managers have seen an increase in vandalism and graffiti in the area, and ask anyone with information about these incidents, or the persons involved, to contact the law enforcement staff of Big Bend National Park. Since 2015, park archeologists have documented over fifty instances of vandalism to these priceless sites.
Former Navajo President Receives Lifetime Achievement Award
AP News, Felicia Fonseca, January 11
Peterson Zah has never claimed to be an extraordinary Navajo, just a Navajo with extraordinary experiences. Those who gathered Tuesday to honor the former Navajo chairman and president at a tribal casino east of Flagstaff disagreed. They said Zah has worked tirelessly to promote the Navajo culture and language, inspire youth, strengthen tribal sovereignty, provide more economic security for the tribe and ensure that Native Americans everywhere had certain religious freedoms and were included as part of federal environmental laws. Zah was receiving a lifetime achievement award from the Flagstaff-based environmental group, the Grand Canyon Trust. The award acknowledged Zah’s love of the land, waters and all living things — values he said he carried on from his mother’s teachings.