Bureau of Indian Affairs

New Scholarship on Interior’s Foot Dragging on Implementation of the Indian Trust Asset Reform Act of 2016

Matthew L.M. Fletcher

Thomas Stratmann has posted “Ten Years, Three Tribes” on the Rules and Results substack.

Here is an excerpt:

The Tulalip Tribes have been a fishing people for as long as anyone remembers. Their reservation runs 22,000 acres along the eastern shore of Puget Sound, 35 miles north of Seattle. The waters at the edge of the reservation, where the tide goes out and exposes the mudflats, are where shellfish grow, and salmon come to spawn. In an 1855 treaty, the United States agreed that those waters would always belong to the Tribes. The treaty remains in force today.

Today, 73 private docks and 124 private mooring buoys cover the Tulalip shoreline. Many were built without tribal permission. Tulalip’s own Natural Resources Department documents the consequences: water quality has fallen, salmon populations have fallen, and shellfish beds have closed.

In 2019, Tulalip asked the federal government for the authority to manage their own shoreline. The federal government said no.

In 2023, they asked again. The federal government said no.

California Federal Court Dismisses FTCA Claim against BIA Officials for Interfering with Attorney Contract [Miwok leadership dispute]

Matthew L.M. Fletcher

Here are the materials in Corrales v. United States (S.D. Cal.):

4 Amended Complaint.pdfDownload
12 Motion to Dismiss.pdfDownload
13 Opposition.pdfDownload
16 Reply.pdfDownload
22 DCT Order.pdfDownload

Crow Citizen Sues BIA Cops for Trespass, False Imprisonment, Etc. under Bad Men Clause/FTCA

Matthew L.M. Fletcher

Here is the complaint in Siemion v. United States (D. Mont.):

1 ComplaintDownload

Federal FTCA Suit Filed over BIA Cop Killing of Turtle Mountain Chippewa Citizen

Matthew L.M. Fletcher

Here is the complaint in Wilkie v. United States (D.N.D.):

1 Complaint.pdfDownload

Eighth Circuit Denies Indian Property Rights (again) and Affirms Dismissal of Trespass Claims against Pipeline Company

Matthew L.M. Fletcher

Here is the opinion in Chase v. Andeavor Logistics PC.

Briefs:

Opening Brief.pdfDownload
Federal Amicus Brief.pdfDownload
Appellee Brief.pdfDownload
Reply.pdfDownload

Lower court materials.

New Mexico Federal Court Dismisses FTCA False Arrest Suit against Picuris Pueblo/BIA Cops

Matthew L.M. Fletcher

Here are the materials in Farden v. United States (D.N.M.):

1 Complaint

59 Motion for Summary J

61 Response

65 Reply

73 DCT Order

Crow Nation Sues BIA over Being Placed on “Do Not Pay” List

Matthew L.M. Fletcher

Here is the complaint in Crow Tribe v. United States (D. Mont.):

1 Complaint.pdfDownload

IBIA Holds BIA Illegally Denied Modoc Nation Access to Federal Surplus Goods [airplanes] Seven Years Later . . . And Now Planes are Gone

Matthew L.M. Fletcher

Here is the opinion in Modoc Tribe of Oklahoma v. Eastern Oklahoma Regional Director:

Modoc v. Reg. Director (Modoc – Airplane)Download

Ninth Circuit Refuses to Enforce Land Partition Agreement between BIA and Estate of Crow Citizen

Matthew L.M. Fletcher

Here is the opinion in Halverson v. Burgum.

Briefs:

Opening Brief

Answer Brief

Reply

NARF’s Work in Alaska Over 40 Years

Matthew Campbell

The Native American Rights Fund has provided legal assistance to Tribes in Alaska since NARF’s founding in the early 1970s. In 1984, NARF opened an Alaska office so it could better serve Alaska Native Tribes and individuals. In the 40 years since NARF Alaska opened its doors, the office has litigated some of the most influential cases in the development of federal Indian law in Alaska. Below is an overview of the foundational work that NARF has done with and on behalf of Alaska Native Tribal governments and people.

NARF Legal ReviewDownload