Good Morning, NUNAverse,
The Supreme Court ruled on Wednesday that Oklahoma can prosecute non-Native people for crimes committed on tribal land when the victim is Native. The 5-4 decision cut back on the high court’s ruling in McGirt v. Oklahoma in 2020 that said a large chunk of eastern Oklahoma remains tribal lands. The first decision left the state unable to prosecute Natives accused of crimes on tribal lands that include most of Tulsa, the state’s second-largest city with a population of about 413,000. A state court later ruled that the Supreme Court decision also stripped the state of its ability to prosecute anyone for crimes committed on tribal land if either the victim or perpetrator is Native. That would have left the federal government with sole authority to prosecute such cases, and federal officials had acknowledged that they lack the resources to prosecute all the crimes that have fallen to them. But the high court’s new ruling said the state also can step in when the victims are tribal members.
On Tuesday, tribal and state representatives in California gathered to announce the creation of AB 1314, created by Assemblymember James C. Ramos, to help stop violence against Natives. With bipartisan effort from California representatives, this bill will help protect against violence against Natives, specifically women and girls. According to Assemblymember Ramos’s press release, it would create an Endangered Missing Advisory (EMA) system when Natives are at risk. According to Assemblymember Ramos’s press release, various studies have found that there are more than 5,700 cases of Missing and Murdered Indigenous Women, but only 116 of those cases were placed on the United States Department of Justice missing persons list. Deemed a Feather Alert, this bill would notify the public and media when a person is missing under suspicious circumstances. This notification operation would go through the California Highway Patrol which already runs the Amber Alert and Silver Alert systems.
Davina Smith (Diné) is headed to the general election this November to represent Utah’s 69th district. She will face Republican candidate Phil Lyman, a controversial figure who was pardoned by Donald Trump for an illegal ATV protest ride. The area he drove through is closed off to vehicles because of the presence of Native cliff dwellings. Smith is from Monument Valley, Utah and she comes from a long line of Diné leadership. Her paternal grandmother was the esteemed and iconic Diné leader, Katherine Smith. During the Navajo-Hopi Land Dispute, thousands of Navajo people were forcibly relocated from their ancestral lands to either nearby communities or urban areas. Smith is actively working to protect Bears Ears National Monument and the Grand Staircase-Escalante National Monument in Utah.
On Friday, June 24, the 9th U.S. Circuit Court of Appeals ruled 2-1 that a copper mine in Arizona can proceed with operations while a lawsuit filed by Apache Stronghold is pending. Resolution Copper, a joint venture between Rio Tinto and BHP—both mining companies from Australia—plans to develop one of the largest undeveloped copper deposits in the world near a site that some Apache believe is sacred. The copper deposit is located within the Tonto National Forest and its transfer was authorized by an act of Congress, the National Defense Authorization Act (NDAA) of 2014. The bill required the government to exchange the land and allow the mine to be built. In its lawsuit against the U.S., Apache Stronghold, a nonprofit organization, argued that the 2,422 acres of land the U.S. government exchanged to Resolution Copper includes a ceremonial ground called Chichʼil Bildagoteel, known as “Oak Flat.” The federal court ruled that the land exchange would not violate Tribal members’ religious freedom protections under the U.S. Constitution or the Religious Freedom Restoration Act, a 1993 religious liberty law, as Apache Stronghold’s lawsuit contends.
Keep reading for a full news update.
Law:
California “Feather Alert” Bill Announced To Help Find Missing Natives
Fox 40, Megan Camponovo, June 28
On Tuesday, tribal and state representatives gathered to announce the creation of AB 1314, created by Assemblymember James C. Ramos, to help stop violence against Natives. With bipartisan effort from California representatives, this bill will help protect against violence done to Natives, specifically women and girls. According to Assemblymember Ramos’s press release, it would create an Endangered Missing Advisory (EMA) system when Natives are at risk. According to Assemblymember Ramos’s press release, various studies have found that there are more than 5,700 cases of Missing and Murdered Indigenous Women, but only 116 of those cases were placed on the United States Department of Justice missing persons list. Deemed a Feather Alert, this bill would notify the public and media when a person is missing under suspicious circumstances. This notification operation would go through the California Highway Patrol which already runs the Amber Alert and Silver Alert systems.
Justices Limit 2020 Ruling On Tribal Lands In Oklahoma
Associated Press, Mark Sherman, June 29
The Supreme Court ruled on Wednesday that Oklahoma can prosecute non-Native for crimes committed on tribal land when the victim is Native. The 5-4 decision cut back on the high court’s ruling from 2020 that said a large chunk of eastern Oklahoma remains tribal lands. The first decision left the state unable to prosecute Nativess accused of crimes on tribal lands that include most of Tulsa, the state’s second-largest city with a population of about 413,000. A state court later ruled that the Supreme Court decision also stripped the state of its ability to prosecute anyone for crimes committed on tribal land if either the victim or perpetrator is Native. That would have left the federal government with sole authority to prosecute such cases, and federal officials had acknowledged that they lack the resources to prosecute all the crimes that have fallen to them. But the high court’s new ruling said the state also can step in when the victims are tribal members.
Politics:
Stitt Wins Gop Nomination In Oklahoma Governor’s Race
AP News, Sean Murphy, June 28
Gov. Kevin Stitt easily won the GOP primary on Tuesday in his race for reelection as Oklahoma governor, taking advantage of a massive fundraising edge to dispatch three fellow Republicans. Stitt’s feuds with fellow Republicans in the Legislature and with many Oklahoma-based tribes didn’t seem to bother GOP primary voters, although the strained relationship with tribes, which have grown more powerful with an influx of casino revenue in recent decades, likely will be a factor in November’s general election. Stitt took strong positions on hot-button issues important to conservatives during his first term in office, signing into law one of the nation’s strictest abortion bans in May, expanding access to firearms and overseeing a return of the death penalty after a nearly seven-year hiatus.
Indigenous Candidate Runs For Utah State House
Indian Country Today, Pauly Denetclaw, June 28
Davina Smith (Diné) is headed to the general election this November to represent Utah’s 69th district.. She will face Republican candidate Phil Lyman, a controversial figure who was pardoned by Donald Trump for an illegal ATV protest ride. The area he drove through is closed off to vehicles because of the presence of Native cliff dwellings. Smith is from Monument Valley, Utah and she comes from a long line of Diné leadership. Her paternal grandmother was the esteemed and iconic Diné leader, Katherine Smith. During the Navajo-Hopi Land Dispute, thousands of Navajo people were forcibly relocated from their ancestral lands to either nearby communities or urban areas. Smith is actively working to protect Bears Ears National Monument and the Grand Staircase-Escalante National Monument in Utah. Protection of the land and water is something that is very important to her platform.
U.S. Court of Appeals Denies Apache Claim to Oak Flat, Approves Copper Mine in Arizona
Native News Online, Darren Thompson, June 28
On Friday, June 24, the 9th U.S. Circuit Court of Appeals ruled 2-1 that a copper mine in Arizona can proceed with operations while a lawsuit filed by Apache Stronghold is pending. Resolution Copper, a joint venture between Rio Tinto and BHP—both mining companies from Australia—plans to develop one of the largest undeveloped copper deposits in the world near a site that some Apache believe is sacred. The copper deposit is located within the Tonto National Forest and its transfer was authorized by an act of Congress, the National Defense Authorization Act (NDAA) of 2014. The bill required the government to exchange the land and allow the mine to be built. In its lawsuit against the U.S., Apache Stronghold, a nonprofit organization, argued that the 2,422 acres of land the U.S. government exchanged to Resolution Copper includes a ceremonial ground called Chichʼil Bildagoteel, known as “Oak Flat.” The federal court ruled that the land exchange would not violate Tribal members’ religious freedom protections under the U.S. Constitution or the Religious Freedom Restoration Act, a 1993 religious liberty law, as Apache Stronghold’s lawsuit contends.
Education:
Three Fires Teaching Lodge Constructed on Grand Valley State University Campus
Native News Online, Levi Rickert and Neely Bardwell, June 28
Some three dozen Native students and community members spent their time and energy this weekend building a traditional Three Fires teaching lodge at the Grand Valley State University (GVSU) campus in Allendale, Michigan. The teaching lodge was the brainchild of GVSU Native students who were taking Anishinaabek Lifeways classes taught by Andrea Riley-Mukavetz (Chippewa of Thames First Nation Band), assistant professor in the Liberal Arts Department. “They imagined this lodge in my classes when I asked them to think about how they can support Indigenous sovereignty and cultural continuance while being a part of a colonial space like academia,” Riley-Mukavetz said. Up until this past weekend, GVSU Native students didn’t have a space on campus that was dedicated to them. Being Native in higher education can be daunting and exhausting. Not having a space on campus that is dedicated to being a safe space for Native students can increase feelings of nonbelonging.
Other:
1st Minnesotan And Native Killed In Desert Storm Laid To Rest At Fort Snelling Cemetery 31 Years On
CBS Minnesota, Reg Chapman, June 28
It was a day loved ones waited 30 years for. The first Minnesotan and Native killed in Operation Desert Storm in the Persian Gulf War was finally laid to rest at Fort Snelling National Cemetery. Corp. Stephen Eric Bentlzin was killed in action on January 29, 1991. On Monday, he was given a full military burial. For Barbara Anderson and her family, this rush of emotion is a long time coming. His mother says his job was fitting, as Natives always had a scout to survey the area to make sure others would be safe to travel through. Bentlzin was 23 years old, and four months away from the end of his tour of duty, when he was killed. Bentlzin’s family was presented an eagle’s feather from the Leech Lake Band of Ojibwe Nation — an honor in the Native culture.