federal recognition – Page 11

New Article by Lorinda Riley on the Role of Politics in Federal Recognition

January 6, 2016Wenona Singel1 Comment

Lorinda Riley has published “When a Tribal Entity Becomes a Nation: The Role of Politics in the Shifting Federal Recognition Regulations,” in the American Indian Law Review.

Here is a description excerpted from the article’s introduction:

This article explores how each presidential administration has both shaped and bent the federal recognition regulations to fulfill its political priorities. By merging a quantitative analysis of each administration’s federal recognition record and the political realities that each administration faced, this study provides a rare inquiry into the political nature of the recognition process. First, this article examines the regulatory history of federal recognition, including a detailed discussion of various versions of the regulation and accompanying guidance published by the Department of the Interior (DOI). Then the article provides an overview of how politics play into the regulatory process and the implementation of regulation. Finally, the article re-visits each administration’s actions related to federal recognition, and considers how each administration has utilized these regulations to serve its own political priorities.

Federal Claims Court Dismisses Wyandot Nation of Kansas Trust Claim

January 5, 2016Matthew L.M. Fletcher2 Comments

Here are the materials in Wyandot Nation of Kansas v. United States (Fed. Cl.):

Federal Recognition Complaint: Agua Caliente Cupeño

December 9, 2015December 9, 2015Matthew L.M. Fletcher

Here is the complaint in Agua Caliente Tribe of Cupeño Indians of the Pala Reservation v. Washburn (E.D. Cal.):

Cupeño Complaint

Eleventh Circuit Briefs in Poarch Band of Creek Indians v. Hildreth

November 30, 2015Matthew L.M. Fletcher1 Comment

Here:

Hildreth Opening Brief

Poarch Band Brief

US Amicus Brief

Hildreth Reply

Lower court materials here.

Washington Tribe Appeals NIGC Decision to Federal Court

November 23, 2015November 23, 2015Sarah M Donnelly

Doc. 1- Complaint for Declaratory and Injunctive Relief

Frank’s Landing Indian Community is suing the National Indian Gaming Commission for rejecting its class II gaming regulations. The Commission ruled in March that the Community is not a federally-recognized Tribe for the purposes of IGRA. Frank’s Landing was recognized by Congress in 1994.

D.C. Circuit Briefs in Mackinac Tribe v. Jewell

November 2, 2015April 11, 2016Matthew L.M. Fletcher2 Comments

Here:

Tribe Opening Brief

US Answer Brief

Lower court briefs here.

Notice of Proposed Rule Making on Native Hawaiian Self Governance

September 29, 2015Kate Fort

NPRM here.

Press release here.

WASHINGTON – The U.S. Department of the Interior announced today a proposal to create an administrative procedure and criteria that the Secretary of the Interior would apply if the Native Hawaiian community forms a unified government that then seeks a formal government-to-government relationship with the United States. Under the new proposal, the Native Hawaiian community — not the Federal government — would decide whether to reorganize a Native Hawaiian government, what form that government would take, and whether it would seek a government-to-government relationship with the United States.