Press Release: Mass Disenrollment at Grand Ronde

Mass Disenrollment Hits the Confederated Tribes of the Grand Ronde

Grand Ronde, OR – Up to  1,000 members (nearly 20% of the membership) of the Confederated Tribes of Grand Ronde Community of Oregon will be receiving letters of potential disenrollment, resulting in what could be the largest termination of American Indian citizenship in United States history.

15 members of the Confederated Tribes of the Grand Ronde have already been disenrolled, and 79 cases are pending the outcome of hearings scheduled for December. These are the result of the second wave of disenrollment letters that were sent out in September. Tribal Council refuses to discuss the matter, with Tribal Councilman Toby McClary publicly stating that he did not want to disclose the details and incite panic within the membership.

The Grand Ronde Tribal Council’s mass disenrollment efforts contribute to a national Indian disenrollment epidemic, with disenrollment “expanding throughout Native America, with Native nations in at least seventeen states engaging in this practice,” according to leading tribal political scientist, David Wilkins (Indian Country Today).

Mass tribal disenrollments have broken out in Washington State and California and now Oregon (Seattle Times; New York Times).

The disenrollment proceedings stemmed from an illegal audit of the Tribe’s membership rolls by an outside auditing firm based in New Mexico and include nine sets of parameters, including dual enrollment, lineal descent, blood quantum, adoption and paternity.

One of the families facing disenrollment are the descendants of Chief Tumulth, who was a signatory of the seminal 1855 Kalapuya Treaty (also known as the Treaty of the Willamette Valley and the Dayton Treaty). Tumulth was the first chief of the Watlala Band of Chinook Indians, or “Cascade Indians,” whose ceded lands extended from Cascade Locks west to Ft. Vancouver on both sides of the Columbia River, following the Sandy River into Portland including Franz Lake National Wildlife Refuge in the Columbia Gorge.

“We are appalled that our own tribe, our own relatives, are claiming that we are some how no longer Grand Ronde. We descend directly from a tribal Chief, a man who signed the Treaty that would later establish the Grand Ronde Reservation,” stated family spokesperson, Mia Prickett. Continue reading →

Nooksack Disenrollment Update — New Case Filing, Adams v. Kelly — Briefs in Tribal Court Appeal

Here are the briefs in Lomeli v. Kelly (Nooksack Ct. App.):

Lomeli v Kelly Opening Brief of Appellants

Lomeli v Kelly COA Response Brief of Appellees

Lomeli v Kelly COA Reply Brief of Appellants

And a new case filing, Adams v. Kelly (Nooksack Tribal Ct.):

Adams v Kelly Motion for TRO

Adams v Kelly Defendants’ Opposition to to Plaintiffs’ Motion for TRO and Defendants’ Motion to Dismiss

Adams v Kelly Declaration of Rick D. George Tribal Council Vice Chairman

Adams v Kelly Amended Reply Re Motion for TRO

Adams v Kelly Order Denying Plaintiffs’ Motion for TRO

Comanche Wins Emergency Arbitration Injunction against Oklahoma in Tax Compact Dispute

Here is the award in Comanche Nation v. State of Oklahoma (AAA):

8672778_1(Comanche Nation v State of Oklahoma Order)

Update:

Signed Order

Time Magazine Article on Indian Country Marriage Equality

Here.

WaPo Article on Tribal Internet Gaming Alliance

Here.

Final Rule: Patchak Patch

Here:

11-13-13 Patchak_Final Rule

Press release:

11-12-13 PR Land Into Trust Procedures

Excerpt:

“This rule provides greater certainty to tribes in their ability to develop lands acquired in trust for purposes such as housing, schools and economic development,” said Assistant Secretary Washburn. “For such acquisitions, the rule will create a ‘speak now or forever hold your peace moment’ in the land-into-trust process. If parties do not appeal the decision within the administrative appeal period, tribes will have the certainty and peace of mind to begin development without fear that the decision will be later overturned.”

Supreme Court Grants SG’s Motion to Share Argument Time in Michigan v. Bay Mills

Here is today’s order list.

Fletcher on the Michigan v. Bay Mills Case

Here is (Re)Solving the Tribal No-Forum Conundrum: Michigan v. Bay Mills Indian Community (PDF), published in the Yale Law Journal Online.

The abstract:

Michigan v. Bay Mills Indian Community, a dispute over a controversial off-reservation Indian casino, is the latest opportunity for the Supreme Court to address the doctrine of tribal sovereign immunity. The Court could hand Michigan a big win by broadly abrogating tribal immunity, and in turn wreak havoc on modern tribal governance. Alternately, the Court could hand Bay Mills a victory by affirming the tribe’s immunity, effectively precluding judicial review of the tribe’s casino project. In this Essay, Professor Matthew L.M. Fletcher argues that neither choice is preferable to a third option that would both advance tribal self-determination and hold tribes accountable to outsiders. The Court could condition tribal immunity in federal or state court on whether the tribe has solved the no-forum problem by providing a tribal forum for the resolution of important disputes.

Update in Hopi Suit against Navajo over Access to Sacred Sites

Here are the materials in Hopi Tribe v. Navajo Nation (D. Ariz.):

3 Hopi Motion to Vacate Arbitration Decision

3-1 2006 Compact

16 Navajo Response

23 Hopi Reply

31 Navajo Reply

32 Hopi Response

33 Navajo Reply

37 DCT Order Vacating Arbitration Order

Prior post here.

Navajo Nation DOJ Seeks Litigation and Employment Unit Attorney

Here:

2013-11-13 LEU ad