The Daily Spark

The Standing Rock Sioux Tribe has asked the D.C. Circuit Court of Appeals to review a federal judge’s March decision to dismiss its latest lawsuit against the U.S. Army Corps of Engineers over the Dakota Access Pipeline. The tribe argues the pipeline lacks a valid easement to cross under Lake Oahe on the Missouri River and alleges multiple regulatory violations by the Corps, according to reporting by North Dakota Monitor.

U.S. District Judge James Boasberg dismissed the suit, saying courts cannot intervene until the Army Corps completes its environmental impact study, which has remained unfinished since 2017. Standing Rock Chairwoman Janet Alkire said the tribe does not trust the Corps to properly evaluate the pipeline and will continue legal efforts to protect their water and people. The tribe also criticized a recent jury verdict holding Greenpeace liable for damages related to protests against the pipeline.

The Turtle Mountain Band of Chippewa, Spirit Lake Nation and three tribal citizens have asked the full 8th Circuit Court of Appeals to rehear a case that found they lack standing to sue North Dakota over alleged voting discrimination. A three-judge panel ruled earlier this month that private individuals cannot bring cases under Section 2 of the Voting Rights Act, which bans race-based voting discrimination. The panel sent the case back to U.S. District Judge Peter Welte with instructions to dismiss it. The tribes argue in their brief that the ruling denies citizens in the 8th Circuit the right to enforce Section 2 protections, unlike other circuits where private suits are allowed. The 2021 state redistricting plan challenged by the tribes was previously ruled discriminatory by Welte, according to North Dakota Monitor. The North Dakota Secretary of State’s Office says that if the 2021 map is reinstated, three state lawmakers would relocate to different districts.

A former coal mine near Beulah, North Dakota, will be converted into a nickel processing facility, pending regulatory approval, according to a report by the North Dakota Monitor. Talon Metals announced Wednesday that it plans to process ore from a mine near Tamarack, Minnesota, at the new Beulah Minerals Processing Facility starting in 2028. The project is expected to bring 150 jobs to the area.

Talon Metals President Mike Kicis said Tesla has contracted to buy about half of the processed nickel, and the Department of Defense is another potential customer. The $365 million project is supported by a nearly $115 million Department of Energy grant announced in 2022. While welcomed by local leaders, the project faces opposition from some Native American and environmental groups in Minnesota concerned about potential pollution, according to the North Dakota Monitor.

Colorful pageantry, high-speed competition and deeply rooted traditions will energize North Dakota this summer. The Mandan Hidatsa Arikara Indian Horse Relay will return to the North Dakota State Fair in Minot on July 22. The breathtakingly fast-paced event features Native athletes racing bareback across three horses, supported by a mugger and two horse holders in thrilling, coordinated mid-race exchanges.

Throughout the state, powwows will joyfully celebrate Native culture with competitive dancing, powerful drum circles, traditional foods and handcrafted Native art. The Fort Totten Days Celebration, Mandaree Powwow, Arikara Celebration and the prestigious United Tribes International Powwow in Bismarck are among several events planned.

For more information and a full schedule, visit the North Dakota Tourism Division at ndtourism.com.

The Spirit Lake Nation and Turtle Mountain Band of Chippewa asked the Eighth Circuit Court of Appeals to reconsider a ruling that said voters cannot sue under the Voting Rights Act for racial discrimination, according to the Jamestown Sun. The Campaign Legal Center, which represents the tribes, said the court’s earlier decision reversed a 2023 ruling that found North Dakota’s redistricting diluted Native American votes.

The Legislature’s 2021 map placed the Turtle Mountain Indian Reservation in District 9 and Spirit Lake Nation in District 15. Plaintiffs argued this split Native votes, giving white voters disproportionate power. “We went to court because the map the state passed made it harder for Native voters like me to have a real voice,” said Turtle Mountain voter Wes Davis, as reported by the Jamestown Sun. If the current ruling stands, only the U.S. Department of Justice can bring Voting Rights Act lawsuits in the Eighth Circuit.

Prima Exploration Inc. filed suit May 23 in North Dakota federal court against the U.S. Department of the Interior, claiming it was wrongly told it never held legal interest in a 320-acre oil and gas lease on the Fort Berthold Indian Reservation. According to the complaint, Prima said the Interior Board of Indian Appeals’ April 23 decision disregards BIA-approved lease assignments dating back to 1999 and a 60-year history of recognized ownership.

Prima is seeking judicial review under the Administrative Procedure Act, arguing the BIA unlawfully terminated lease portions in 2013 and 2015 and reassigned the land to competitors PetroShale and Enerplus. A DOI representative declined to comment.

The Spirit Lake Tribal Council launched an emergency water distribution plan May 28 following the detection of elevated manganese levels in the water system, according to a public notice issued May 27. All residents of the Spirit Lake Reservation are affected, and bottled water will be distributed through June 11.

Each household is eligible to receive one case of water per two people after submitting a request form. Distribution sites include recreation centers in the Mission, Fort Totten, Woodlake and Crow Hill districts. Priority will be given to families with infants, elders and residents with medical conditions. A temporary water filtration system is expected within 14 days. According to the Tribal Council, the Office of Environmental Health will test water safety at all distribution sites. Community members needing transportation assistance may contact local emergency and public health officials listed in the notice.

Montana lawmakers passed several new laws aimed at addressing the state’s disproportionately high number of missing and murdered Indigenous people. Native Americans make up 6.5% of the state’s population but account for 24% of active missing persons reports, according to the Montana Department of Justice.

Among the measures, House Bill 83 allows the state’s Missing and Murdered Indigenous Persons Advisory Council to receive donations and other funding, effective July 1. The council also received a $20,000 allocation in the state’s budget. House Bill 545 renames the group, removing “task force” from its title to reflect its advisory role. Senate Bill 107 requires the Montana Office of Public Instruction to create a curriculum on human trafficking prevention. House Joint Resolution 1 urges Congress to fully fund tribal law enforcement, though the governor has not confirmed whether he will send the requested letter according to Montana Free Press.

Indigenous leaders at the United Nations Permanent Forum on Indigenous Issues emphasized the critical importance of free, prior and informed consent, or FPIC, in protecting tribal rights. Forum Chair Aluki Kotierk (Inuit) called for development “on our terms” and urged embedding Indigenous rights at the center of policy. Albert Barume, UN special rapporteur on Indigenous peoples, described FPIC as a “gatekeeper” safeguarding land, water and self-determination rights. Fawn Sharp (Quinault) noted climate change offers a chance to align global actions with Indigenous worldviews. Leaders stressed that FPIC protocols must be community-led and ongoing, not just formalities imposed by states or companies, with examples from the Maya in Belize, Sarayaku in Ecuador and Kenya illustrating effective models, according to High Country News.

Justice For Natives praised recent developments in Arizona’s Medicaid sober-living fraud probe, citing 22 new indictments announced May 20 that bring the total charged to more than 120, according to a May 28 press release. The grassroots coalition highlighted $140 million recovered and 25 convictions to date.

The coalition credited Arizona Attorney General Kris Mayes and Gov. Katie Hobbs for decisive action. Key developments include a $60 million fraud case tied to Happy House Behavioral Health and a $34 million restitution order against L & L Investments. The April 30 resignations of AHCCCS Director Carmen Heredia and ADHS Director Jennie Cunico followed confirmation issues. Senate Bill 1308, signed April 18, mandates licensing and inspections of sober-living homes. A $6 million grant program was also launched to support Tribal Nations and nonprofits aiding victims.

Attorneys for Greenpeace are seeking to overturn a $667 million jury verdict awarded to the developer of the Dakota Access Pipeline, arguing the decision was driven by bias rather than fact, according to the North Dakota Monitor. During a hearing Tuesday, Greenpeace attorney Everett Jack said the jury aimed to "punish someone who was involved in the protests." The March 19 verdict followed a three-week trial in Morton County, where jurors found Greenpeace liable for defamation, trespassing and other damages tied to protests in 2016 and 2017.

Energy Transfer, the pipeline’s developer, is urging Southwest Judicial District Court Judge James Gion to uphold the full award. Greenpeace attorneys contend the evidence presented did not meet legal standards for defamation and emphasized that only Greenpeace USA had a limited presence at the protests. Gion has taken the motions under advisement.

NATIVE, Inc. will host a community-wide Missing and Murdered Indigenous Persons (MMIP) awareness walk in partnership with the Renzo Bullhead family at the Memorial Bridge on Saturday, May 31, 2025, beginning at 12 p.m. The walk will start with a ceremony in the parking lot underneath the Memorial Bridge on the Bismarck side. A meal will follow at the Native American Development Center/NATIVE, Inc., located at 2403 E. Thayer Ave., Bismarck, ND 58501.

On Monday, June 9, 2025, NATIVE, Inc. will host a community-wide prayer circle in partnership with the Renzo Bullhead family and in honor of all other MMIPs. The prayer circle will be held twice that day, at 10:30 a.m. and 12 p.m., at the Native American Development Center/NATIVE, Inc., 2403 E. Thayer Ave., Bismarck, ND 58501.

The public is welcome to attend all MMIP events.

To donate to North Dakota’s MMIP awareness events, visit NATIVE, Inc. at https://www.ndnadc.org/make-a-donation.

The Spirit Lake Tribe held an inauguration ceremony May 27 at the Spirit Lake Casino Ballrooms to welcome newly elected Tribal Council representatives and honor outgoing members, according to a Spirit Lake Tribe press release.

Judge Joe Vetsch administered the oath of office to ReNa Lohnes, Mission District representative; Kevin Dauphinais, Fort Totten District representative; and Darcie Lohnes, secretary/treasurer. Russell McDonald served as master of ceremonies. The Spirit Lake VFW Post 6547 Color Guard and Lake Region Singers opened the ceremony.

Chairwoman Lonna Street acknowledged Memorial Day and emphasized the importance of leadership during difficult times. Outgoing council members Charmayne Bohanon and Kim Three Irons were recognized for their service.

North Dakota officials say the state is well-positioned to adapt to proposed Medicaid changes under President Donald Trump’s “One Big Beautiful Bill,” which passed the House on May 22 by a 215-214 vote. But the bill includes new work and eligibility requirements that could add bureaucratic burdens and cause some residents to lose coverage, according to reporting by the North Dakota News Cooperative. According to Rep. Julie Fedorchak, R-N.D., the state may hold a special session to approve more Medicaid eligibility staff and budget changes.

Only about 10% of North Dakota’s Medicaid recipients fall into the category affected by the work rule, and enrolled tribal members are exempt. Sioux, Rolette and Benson counties — home to Standing Rock, Turtle Mountain and Spirit Lake reservations — have the state’s highest Medicaid enrollment rates. The bill still requires Senate approval before becoming law.

The Cherokee Nation Marshal Service plans to expand its Missing or Murdered Indigenous Persons education efforts across Cherokee communities, according to reporting by the Cherokee Phoenix. The initiative aims to increase awareness and promote proactive steps in response to the MMIP crisis.

Shawna Roach, Cherokee Nation Marshal Service investigator, said families and schools need to understand how predators operate, particularly through social media platforms like Facebook, Instagram and Snapchat. The Marshal Service also plans in-person events to help locate missing individuals. According to Roach, approximately seven Cherokee Nation citizens are currently listed in the National Missing and Unidentified Persons System, a number that could be higher due to investigations by other agencies.

Acting Marshal Daniel Mead announced a new QR code system that will allow individuals in danger to discreetly contact dispatch from restrooms in high-risk areas.

The U.S. Supreme Court declined to hear an appeal by the nonprofit group Apache Stronghold over the proposed Resolution Copper mine in Arizona, which would destroy Oak Flat, a sacred Apache site used for ceremonies, according to a report by NBC News. The nonprofit group argued the project violates tribal members’ religious rights under the First Amendment and the Religious Freedom Restoration Act.

Resolution Copper, a joint venture of Rio Tinto and BHP, said it has held “extensive consultation” with tribes and will continue dialogue. Wendsler Nosie Sr., a member of Apache Stronghold, issued a statement saying the fight would continue and urging Congress to intervene.

Justices Neil Gorsuch and Clarence Thomas dissented, with Gorsuch calling the decision a “grievous mistake.” The case centers on a 2014 law transferring federal land to Resolution Copper for mining development.

North Dakota Health and Human Services confirmed two measles cases in Grand Forks County, marking the first cases in that area and the third county affected in the state. The Grand Forks cases are linked to international travel. Since May 2, the state has recorded 21 confirmed cases, including four in Cass County, two in Williams County, and one hospitalization. All cases involve unvaccinated individuals.

Due to community transmission in Williams County, HHS advises early MMR vaccination for residents and travelers there. No community spread has been found in Cass or Grand Forks counties, so early vaccination is not currently recommended. Molly Howell, immunization director at HHS, stressed that unvaccinated individuals exposed to measles should stay home for 21 days and monitor symptoms. Vaccination records and more information are available at hhs.nd.gov/measles.

Arizona tribal leaders and state officials gathered May 21 to witness Gov. Katie Hobbs ceremonially sign House Bill 2281, also known as Emily’s Law, according to the Arizona Mirror. The law establishes the Turquoise Alert System to issue statewide alerts for missing Indigenous or endangered persons under age 65 who do not qualify for Amber or Silver Alerts.

The law honors 14-year-old Emily Pike, a San Carlos Apache girl who was found dead earlier this year. Gila River Indian Community Gov. Stephen Roe Lewis said the system closes jurisdictional and age-related gaps and encourages collaboration between tribal, state and local law enforcement. The Department of Public Safety will oversee the system, which can be implemented immediately when the law takes effect later this year. Arizona is the fifth state to enact such an alert system.

Registration is now open for the seventh Government-to-Government (G2G) Conference, set for June 4-5 at the Bismarck Event Center, according to the North Dakota Office of the Governor.

The free two-day event is open to the public and aims to strengthen partnerships among tribal, state, federal and private sector leaders. It includes breakout sessions on regional issues and speakers from tribal nations, state government and federal agencies. Gov. Kelly Armstrong is scheduled to deliver welcome remarks on June 4. The conference is hosted by the North Dakota Indian Affairs Commission and focuses on collaboration with the state’s five federally recognized tribal nations.