Spokane Tribal Member Trust Breach Complaint re: Mining on Indian Allotment Dismissed without Prejudice; Amended Complaint Filed

Here are the materials in Villegas v. United States (E.D. Wash.):

DCT Order Dismissing Complaint without Prejudice

Federal Agencies Motion to Dismiss

Villegas Opposition

Federal Agencies Reply

First Amended Complaint

Previous materials here.

Ninth Circuit Rejects Another Challenge to Colville Tax Agreement

Here are the materials in Tonasket v. Sargent:

CA9 Unpublished Opinion

Tonasket Opening Brief

Colville Answer Brief

Tonasket Reply

Lower court materials here.

The Ninth Circuit recently decided a related appeal here.

William Mitchell Law Review Symposium: The Dakota War of 1862

Here:

Colette Routel, Foreword

Paul Finkelman, “I Could Not Afford to Hang Men for Votes.”  Lincoln the Lawyer, Humanitarian Concerns, and the Dakota Pardons

Waziyatawin, Ph.D., Colonial Calibrations: The Expendability of Minnesota’s Original People

Angelique Townsend EagleWoman, Wintertime for the Sisseton-Wahpeton Oyate: Over One Hundred Fifty Years of Human Rights Violations by the United States and the Need for a Reconciliation Involving International Indigenous Human Rights Norms

Howard J. Vogel, Rethinking the Effect of the Abrogation of the Dakota Treaties and the Authority for the Removal of the Dakota People from Their Homeland

Lenor A. Scheffler, Reflections of a Contemporary Minnesota Dakota Lawyer: Dakota Identity and its Impacts in 1862 and 2012

Sarah Deer and John Jacobson, Dakota Tribal Courts in Minnesota: Benchmarks of Self-Determination

 

Federal Court Enjoins Sault Tribe from Seeking Trust Acquisition for Lansing Casino Property

News coverage here.

Link to opinion here.

DCT Order Granting Injunction

Briefs here.

Cherokee Nation Redistricting Challenge — Tribal Court Materials — UPDATED

Here are the materials in Anglen v. Cherokee Nation Council:

Navajo Nation Supreme Court Decides Election Law Dispute

Here is the opinion in Sandoval v. Navajo Election Administration.

The court’s syllabus:

The Supreme Court issues its opinion on reconsideration in this appeal of an OHA dismissal on an election grievance. The Court reverses the OHA and orders Leo Johnson disqualified as school board member of the Shiprock Associated Schools Inc. (SASI). The Court emphasizes the duties of the NEA and candidates when conditions concerning qualifications change before an election has taken place. The Court states that the qualifications statute for school board members specifically require mandatory enforcement throughout the term of office. The vacancy shall be filled by special election pursuant to 11 N.N.C.  § 143.

Little Traverse Bay Bands Odawa Council Enacts Same-Sex Marriage Statute — UPDATED

Well, we know they passed it, but no news coverage yet. Here is the March 2 work session agenda, and the March 3 tribal council meeting  agenda — both reference that the marriage law was up for approval.

UPDATE: Here are the draft meeting minutes, showing a 5-4 vote in favor.

NCAI President Remarks at Annual Conference

NCAI President’s Address, President Jefferson Keel

National Congress of American Indians (NCAI)

Executive Council Winter Session

Washington, DC – March 5, 2013 – L’Enfant Plaza Hotel

It’s only been a few weeks since I delivered the State of Indian Nations address and while much of the speech is still relevant – already many things have changed related to a number of the issues that I addressed. For some of you this is the first time I’ve seen you since our very successful Annual Conference, which we held in Sacramento California, and a number of big events have occurred over the last five months.

First, our Annual Conference was a great success. Sacramento was absolutely beautiful and we enjoyed great weather. We shared in the traditions and the celebrations of the California tribes, and we concluded some really important work and discussions. The Convention this past year was a Constitutional Convention and we reaffirmed our commitment to Indian country and made important decisions about our constitution.

NCAI members addressed, in detail, a range of issues. From the first resolution passed – Support for the Duckwater Shoshone Tribe Reservation Expansion Act, to the last, a resolution on the United Nations World Conference on Indigenous Peoples in 2014, NCAI membership put forward our agenda.

Our Native Vote campaign was a huge part of 2011 and 2012, and was an incredible success.

As a result of the combined efforts of NCAI, Native Vote and all our partners – individuals and organizations alike – we turned out the largest Native vote ever in 2012. And now that the Presidential election season is over, we will focus on helping Native candidates, increasing protections for all of our people at the ballot box, and supporting get out the vote efforts in upcoming elections.

Since October the Cobell Settlement was finalized and the federal government began to make its payments to individual account holders. With such a large influx of money to Indian Country, NCAI launched our Protect Native Money Campaign – to educate Native people about protecting Native money from frauds and scams.

Here’s why – starting in 2012, $3 billion in individual and tribal trust fund settlements will come to Indian Country through the Keepseagle and Cobell class action legal settlements. Lump sum payouts to individual recipients started in 2012 amounting to more than $2 billion. In addition, more than 50 tribal trust settlements, totaling more than $1.0 billion, have been settled and payouts have either already been made or are due shortly, with another estimated 60 tribal settlements in the pipeline to be resolved. NCAI is committed to ensuring that Indian Country protects Native Money, if you have any questions, go to our website.

In December, many of you attended the fourth annual White House Tribal Nation’s Summit, where we welcomed the next four years with the Obama Administration. In advance of that meeting, NCAI once again developed and issued a substantial collection of policy recommendations, from tribal leaders, governments, organizations, advocates, and citizens. We hope the Obama Administration will take steps to ensure that these meetings remain a central promise of the trust responsibility, and not an element that might come and go with each administration.

The importance of nation-to-nation dialogue became even more clear with the dawn of 2013, as many of us looked North. Our brothers and sisters and first Nations of Canada are working to realign the nation-to-nation relationships between Canada’s political leadership and the first nations of Canada. As we said then; we stand united as the tribal nations of North America, as a family of first peoples and first governments of this land, and we stand united to protect our rights.

These nation-to-nation relationships do not disappear when leaders come and go from office, these are bonds that will forever link us as we were the first people of this land.

In the weeks following Superstorm Sandy, where the nations of the Northeast coast underwent great hardship, the federal government passed and signed into law the Stafford Act. This act authorizes tribal governments to directly request emergency aid from the federal government without going through state governments or waiting for state governments to act. This is a shining example of what dedicated consultation between nations can accomplish. I want to thank Administrator Fugate for his help in getting this done.

Many of these items I referenced just two weeks ago during the 2013 State of Indian Nations Address, which I delivered just days after President Obama delivered the State of the Union.

In that address titled Securing Our Futures, I outlined the State of Indian Nations once again, as we’ve done every year for almost 11 years. I called on tribal leaders and citizens to work to secure our communities, our nations, and our future prosperity.

I noted some of the actions that Congress should take to ensure that treaty rights and trust obligations are upheld and strengthened. I also outlined actions that are necessary to strengthen our status as equal members of the family of governments of America.

And while I have been criticized by a handful of opinion columnists in Indian Country, for placing an apostrophe out of place, or quoting a great American, let me state for the record that I am proud to be an American – a Native American and a US citizen.

Continue reading →

Ute Indian Tribe Sued by Former Energy and Minerals Manager

Here is the complaint in Becker v. Ute Indian Tribe (D. Utah):

Becker Complaint

From the complaint:

This action arises under and relates to an Independent Contractor Agreement between Becker and the Tribe effective March 1, 2004 (“Agreement”) by which Becker agreed to and did provide services to the Tribe as Manager of the Tribal Energy and Minerals Department, including the implementation of the restructuring and development of the Tribal Energy and Minerals Department. By the Agreement, the Tribe promised to pay to Becker a specified monthly compensation (“Compensation”) and agreed that Becker had a 2% participation right in specified revenues (“Participation Right”). The Tribe failed to pay to Becker the Compensation promised and the agreed upon percentage of the revenues as to which Becker had a Participation Right.

Federal Court Refuses to Allow N. Arapaho Tribe to Add Establishment Clause Claim to Eagle Act Regulatory Dispute

Here are the new materials in Northern Arapaho Tribe v. Ashe (D. Wyo.):

DCT Order Denying Motion

N. Arapaho Motion to File Second Amended Complaint

USFWS Opposition

N. Arapaho Reply

An excerpt:

With these principles in mind, the Court denies Plaintiffs’ motion because they waited too long to amend their complaint. Plaintiffs knew or should have known the facts underlying an Establishment Clause claim when they filed their amended complaint nearly a year ago. And Plaintiffs undoubtedly knew about the Establishment Clause claim by May 31, 2012, because on that date they filed a memorandum stating that “[d]efendants’ denial of the [tribe’s] permit application creates Establishment Clause problems.” Pls.’ Mem. 14 n.19, ECF No. 30. Yet Plaintiffs waited over eight months from the time they clearly knew about the Establishment Clause claim to file the present motion. That’s simply too long a wait. The Court therefore DENIES Plaintiffs’ motion for leave to amend their complaint (ECF No. 59) based on undue delay.

Our prior post on this case is here.