Turtle Talk

Here is the opinion in Miami Tribe of Oklahoma v. United States (D. Kan.) — Miami Tribe v US DCT Order

An excerpt:

In this case, Miami Tribe alleges that Defendants stand in a fiduciary relationship with respect to the requested transfer of Smith’s interest in Miami Reserve and with respect to protecting the trust status of Miami Reserve and the jurisdiction of the Miami Tribe over Miami Reserve. According to Miami Tribe, Defendants have breached their trust obligations and fiduciary duties by the BIA’s refusal to approve Smith’s application, refusal to approve the transfer of Smith’s interest in trust for the benefit of Miami Tribe, refusal to timely consider and act on Smith’s appeal of the denial of his request for transfer, failure to protect and recognize Miami Tribe’s jurisdiction over Miami Reserve, and failure to maintain and hold Miami Reserve in trust for the benefit of its Indian owners.

The Court has determined that Miami Reserve is not being held in trust by the United States and, except for a brief period of time after the 1989 partition order, has never been held in trust by the United States. Because Miami Reserve was originally conveyed to Smith’s relative as a restricted allotment, and its status as a restricted allotment has never changed, Defendants do not have any fiduciary duties with respect to its management that may arise from a trust relationship. This would include any fiduciary duty to maintain the status of Miami Tribe as a trust allotment.