Author: Matthew L.M. Fletcher

Noah Feldman on the Impact of Western Sky-Inspired Litigation on Tribal Sovereignty

Matthew L.M. Fletcher

Noah Feldman has posted “Tribes Don’t Get a Pass on Federal Law” on Bloomberg. HT How Appealing.

Despite the title (oh those editors!), tribal sovereignty isn’t mentioned until the last two paragraphs:

[Judge] Wilkinson tried to duck the deepest question in the case: Would it be all right to take federal law out of the picture altogether if Indian law applied instead? In this case, in practice, the recourse to tribal law would’ve been empty. But what if the Cheyenne River Sioux did have a robust arbitration mechanism in place or rules to guide an arbitration?

Under the decision, that shouldn’t matter: The court held that any agreement that rejects the application of federal law can’t be enforced. At the margin, this decision may actually reduce Indian tribes’ sovereignty. Whether it will help protect consumers from predatory lenders will depend on how other courts cite it.

These are good points. They could be tempered with a couple minor quibbles, mostly that the Cheyenne River Sioux Tribe, as I understand it, had nothing to do with Western Sky’s dispute resolution strategies. Perhaps anything the court said about that’s tribes sovereignty has to be dicta, and my reading of the opinion didn’t see anything like that (unlike the Seventh Circuit’s decision in Jackson).

This will be good fodder for consideration at the ASU e-Commerce meeting later this week….

 

Mescalero Apache Public Defender RFP

Matthew L.M. Fletcher

Here:

Proposal Request for Public Defender Services The Mescalero Apache Tribe is seeking proposals to provide Public Defender Services to the Mescalero Tribal Court for criminal cases. SUMMARY: The Mescalero Apache Tribal Court is a court of general jurisdiction addressing crimes under the Mescalero Apache Law and Order Code. All crimes do not exceed one year sentencing. Attorneys licensed and in good standing with the State of New Mexico Bar is required; Proposed fees may be based on an hourly rate or a flat rate; Proposed fees may NOT exceed $50,000.00 per budget year; Final terms of submitted proposals are negotiable. SUBMIT PROPOSALS TO THE MESCALERO TRIBAL ADMINISTRATOR: DUANE DUFFY, MESCALERO APACHE TRIBE, MESCALERO, NM 88340; 575-464-4494 EXT. 211

“Responsible Resource Development and Prevention of Sex Trafficking: Safeguarding Native Women and Children on the Fort Berthold Reservation”

Matthew L.M. Fletcher

The University of Colorado Indian Law Clinic has posted “Responsible Resource Development and Prevention of Sex Trafficking: Safeguarding Native Women and Children on the Fort Berthold Reservation” on SSRN.

Here is the abstract:

In 2010, large deposits of oil and natural gas were found in the Bakken shale formation, much of which is encompassed by the Fort Berthold Indian reservation, home to the Mandan, Hidatsa, and Arikara Nation (“MHA Nation” or “Three Affiliated Tribes” or “the Tribe”). However, rapid oil and gas development has brought an unprecedented rise of violent crime on and near the Fort Berthold reservation. Specifically, the influx of well-paid male oil and gas workers, living in temporary housing often referred to as “man camps,” has coincided with a disturbing increase in sex trafficking of Native women. The social risks of oil development on American Indian reservations like Fort Berthold are distinct from development in other areas in the United States. The complex and shifting nature of federal Indian law presents legal and practical challenges to law enforcement in civil and criminal contexts. Further, the historical exploitation of Indian lands and people informs current social and economic conditions that contribute to increased sex trafficking of Native women and children.

This paper begins by describing the intersection of sex trafficking and oil and gas development on the Fort Berthold reservation. Next, the paper describes the jurisdictional regime within federal Indian law and other barriers to law enforcement that have created a situation ripe for trafficking and other crime on the Fort Berthold reservation. Third, the paper will examine strategies to address this complex issue including: corporate engagement of relevant companies; tribal capacity and coalition building; and remedies contained in the Violence Against Women Act of 2014. This paper asserts that all of the stakeholders involved in oil development on the Fort Berthold reservation – federal, state, tribal, and public and private companies – must work cooperatively to decisively eliminate sex trafficking of Native women and children.

GTB Testimony before Mich. House Natural Resources Committee on Commercial Net Pen Aquaculture

Matthew L.M. Fletcher

Here:

GTB HB 5255 testimony

Michigan Tribes Oppose Net Pen Aquaculture

Matthew L.M. Fletcher

Here.

NILL Indian Law Bulletin (2/5/16)

Matthew L.M. Fletcher
The National Indian Law Library added new content to the Indian Law Bulletins on 2/05/16.

U.S. Courts of Appeals Bulletin
http://www.narf.org/nill/bulletins/cta/2016cta.html
Hayes v. Delbert Services Corp. (Payday Loans – Debt Collection)

U.S. Federal Trial Courts Bulletin
http://www.narf.org/nill/bulletins/dct/2016dct.html
Wright v. Langdeau (Intratribal Dispute, Exhaustion of Tribal Remedies)
Confederated Tribes and Bands of the Yakama Nation v. United States (Environmental Law – Response and Cleanup; Liability)

State Courts Bulletin
http://www.narf.org/nill/bulletins/state/2016state.html
In re Doe (Indian Child Welfare Act – Application of)
In re England, Minor (Indian Child Welfare Act – Best Interest of the Child)
Town of Verona v. Cuomo (Settlement Agreement – Casino Gambling)

News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Land & Water section, we feature two articles relating to Klamath, Oregon, area water problems.

U.S. Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2016fr.html
We feature a notice of the Department of Interior regarding Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs.

U.S. Legislation Bulletin
http://www.narf.org/nill/bulletins/legislation/114_uslegislation.html
We added a new bill:
H.R.4456: RECLAIM Act of 2016 — To amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes.

Yakama Nation Largely Prevails in CERCLA Suit with US

Matthew L.M. Fletcher

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. United States of America (D. Or.):

20 Yakama Motion for Summary J

21-1 Memorandum in Support

25 US Response

27 US Motion for Summary J

31 Yakama Reply

33 Magistrate Report

41 DCT Order

Federal Court Quashes Subpoena on Tribal Sovereign Immunity Grounds

Matthew L.M. Fletcher

Here are the materials in Dillon v. BMO Harris Bank (N.D. Okla.):

3 Otoe-Missouria Tribe of Indians Motion to Quash

7 Response

9 Reply

15 DCT Order

 

D.K. Sprague Retires after Twenty-Four Years as Chairman of the Gun Lake Tribe

Matthew L.M. Fletcher

D.K. Sprague Retires after Twenty-Four Years as Chairman of the Gun Lake Tribe  

Sprague Led Tribe from Pre-Recognition to Successful Modern Tribal Government 

(Bradley, Mich.) – Today, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake Tribe) (Tribe) announced the retirement of David K. (D.K.) Sprague as chairman.  Sprague served as chairman since his initial election by the Bradley Settlement Elder’s Council in 1992.  He is distinguished as one the longest serving tribal chairman, in consecutive terms, throughout Indian Country in the Unites States.

“It has been an honor and privilege to serve my community as chairman for the last twenty-four years,” said D.K. Sprague, former chairman.  “I thank my family and the Tribe for supporting me, and God for allowing me to serve at a time when our dreams came to reality.  I give recognition to our tribal leaders who came before me, as I merely finished what they started when the Bradley Indian Mission was established in the 1830s.”

The Tribe achieved federal re-acknowledgment in 1999 after many years of working through the federal acknowledgment process.  The Tribe’s goal of reaching self-sufficiency through its pursuit of economic development under the Indian Gaming Regulatory Act would take over a decade.  During the last twenty-four years the Tribe went from having nothing to becoming a modern tribal government that can now provide for the needs of its people.

“I am proud to have served the Tribe under the leadership of D.K. Sprague,” said Vice Chairman Ed Pigeon.  “I witnessed steady and consistent leadership in extremely difficult situations over a long period of time.  It was amazing to see him put to the test so many times, but never waver.  The Tribe is truly blessed that a person with such rare leadership qualities was in place at a time when it was most needed.”

Many friends, family and staff members have expressed their gratitude to the former chairman for his dedication to the needs of tribal government staff and the team members who work in the gaming enterprise.  He was always approachable and jovial with everyone around him.

“No one ever wanted this day to come,” said Leah Sprague-Fodor, Tribal Council member.  “However, asking him to continue serving would be selfish of us.  We know he served with everything he had for so many years.  He has earned his retirement and now he should enjoy golf, traveling, baseball games and spending time with his family and friends.”

Sprague grew up in the Bradley area where he remained most of his life.  He joined the U.S. Army and served in the Vietnam War.  He served in 14 natural disasters worldwide as a Red Cross volunteer, which included an extended time of service in Louisiana for the victims of Hurricane Katrina.  He is a lifelong member of the Methodist Church at the Bradley Indian Mission.

In the next 90-120 days the Tribe will hold a special election to fill the seat on the Tribal Council vacated by Sprague’s retirement.  Afterwards, the Tribal Council will select the next chairman.  In the interim, Vice Chairman Ed Pigeon will serve as acting Chairman.

Timeline of Gun Lake Tribe events occurring under the leadership of D.K. Sprague

1992 Bradley Settlement Elder’s Council elects D.K. Sprague to serve as Chairman.
August 23, 1999 Federal re-acknowledgment by the United States as a sovereign tribal government.
August 2001 Tribe submits land-into-trust application to re-establish reservation lands for the purpose of economic development under the Indian Gaming Regulatory Act.
January 30, 2009 Federal government takes land in trust for Tribe to construct Gun Lake Casino.
February 10, 2011 Gun Lake Casino opens.
May 14, 2014 Bradley Indian Mission Church building turns 100 years old, at that time the Mission is approx. 176 years old.
September 26, 2014 President Obama signs into law the Gun Lake Trust Land Reaffirmation Act.
October 2014 Approx. 300 acres of additional land placed into trust.
August 2015 Government Campus opens to tribal citizens and tribal government staff.  Becomes the “Capitol Building” of the Gun Lake Tribe.
January 29, 2016 D.K. Sprague retires as chairman.

Ninth Circuit Briefs in Bishop Paiute Tribe v. Inyo County

Matthew L.M. Fletcher2 Comments

Here:

Bishop Paiute Opening Brief

Inyo County Brief

Reply

Oral argument video here.

Lower court materials here.