federal recognition

Ninth Circuit Decides Cloverdale Rancheria v. Jewell

Matthew L.M. Fletcher

Here is the unpublished opinion.

Plaintiffs-Appellants are five members of the Cloverdale Rancheria of Pomo Indians of California (“the Tribe”) who seek to compel Defendants-Appellees, the Department of Interior and its officials (“the Department”), to recognize them as the Tribe’s leadership and negotiate self-determination contracts with them. The district court dismissed both of Plaintiffs-Appellants’ complaints for lack of subject matter jurisdiction and lack of standing. We review these dismissals de novo, Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1156 (9th Cir. 2007), and we affirm.

Briefs and other materials here.

Law Prof Comments on Proposed Federal Acknowledgement Process Revisions

Matthew L.M. Fletcher

Here:

Law Professor Letter – FAP Reform

Chi-miigwetch to Patty Ferguson for doing the heavy lifting.

Briefs in Mackinac Tribe v. Jewell (Complaint for Federal Recognition)

Matthew L.M. Fletcher1 Comment

Here:

7-1 US Motion to Dismiss

10 Tribe Opposition

12 US Reply

Complaint is here.

Second Circuit Briefs in Schaghticoke Appeal

Matthew L.M. Fletcher1 Comment

Here are the briefs in Schaghticoke Tribal Nation v. Kent School Corp. Inc.:

Schaghticoke Brief

Connecticut Brief

Kent School Corp et al Brief

US Brief

Schaghticoke Reply

Lower court materials here.

Randall Akee: “The press for Native Hawaiian federal recognition is presumptuous”

Matthew L.M. Fletcher

From the Hawaii Independent. A response to this news.

An excerpt:

In moving forward, what should be done? The process for Federal recognition was a knee-jerk reaction to the Rice v. Cayetano decision. Surely there are other legal strategies and plans that the Office of Hawaiian Affairs and State officials can undertake to protect the OHA trust assets and Native Hawaiian entitlement programs. In the 14 years since the decision, the trust and programs have survived without a serious attack. It should be noted that political winds change all the time and there is no absolute certainty with Federal recognition either. For instance, during the 1940s, 1950s and 1960s the US Federal government’s policy was to terminate the legal and political existence of some Federally recognized American Indian tribes in California, Oregon and a number of other US States. During the Civil Rights era of the 1960s and 1970s, the US Federal government made a significant change in that policy and worked to empower tribal governments. However, it is impossible to guarantee that future US Federal policies will not shift back in that direction again. 

DOI Considers Procedures to Reestablish Government-to-Government Relationship with Native Hawaiians

Kate Fort1 Comment

Press release here.

Federal Registry Advance Notice of Proposed Rulemaking here.

2000 DOI/DOJ Report on the Reconciliation Process here.
FAQ here.

Interior Moves to Dismiss Mackinac Tribe Suit for Federal Recognition

Matthew L.M. Fletcher

Here:

7-1 US Motion to Dismiss

Complaint here.

Proposed Part 83 Changes to Federal Acknowledgment Process

Matthew L.M. Fletcher

Proposed Rule here:

2014-05-22 Proposed Rule 25 CFR 83

Related materials:

Comparison Chart 05-22-14

Frequently Asked Questions on Proposed 25 CFR 83

Summary of Comments and Responses on Part 83 Discussion Draft

Press release here:

Interior Proposes Reform of Federal Acknowledgment Regulations

Proposed rule would address “broken” process

Washington, D.C. — Secretary of the Interior Sally Jewell and Assistant Secretary-Indian Affairs Kevin K. Washburn today announced publication of proposed regulations that would reform the 35-year old process by which the Department of the Interior officially recognizes Indian tribes. Federal acknowledgment establishes the U.S. Government as the trustee for Tribal lands and resources and makes Tribal members and governments eligible for federal budget assistance and program services.

“President Obama believes that reforming the federal acknowledgment process will strengthen our important trust relationship with Indian tribes. Acknowledgment by the Department of the Interior confirms the existence of a nation-to-nation relationship between an Indian Tribe and the United States,” said Secretary Jewell. “Through this Administration’s outreach initiatives, tribal leaders have told us that the current process can be inconsistent, cost millions of dollars and take decades to complete. Our proposed rule maintains the rigorous integrity needed, but allows that process to be conducted in a timely, efficient and transparent manner.”

The existing regulations, known as “the Part 83 process”, were originally adopted in 1978 and were updated only once 20 years ago. Prior to that, Interior had addressed requests for Tribal acknowledgment on a case-by-case basis. While the 1978 regulations established a structured process for federal acknowledgment, these regulations have been widely criticized as being too time-consuming, sometimes arbitrary and generally “broken.”

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Mackinac Tribe v. Jewell — Complaint for Federal Recognition

Matthew L.M. Fletcher3 Comments

Here is the complaint:

Complaint

An excerpt:

COMES NOW, Petitioner, MACKINAC TRIBE, by and through undersigned counsel, to petition the Court to determine that the MACKINAC TRIBE is a federally recognized  Indian Tribe, and to order the Defendant, Secretary of the Interior, to conduct elections under the Indian Reorganization Act to adopt a draft proposed Constitution for such tribe, and such other relief as may be appropriate.

Interior Opinion on Meaning of “Under Federal Jurisdiction”

Matthew L.M. Fletcher1 Comment

Here:

DOI Carcieri M opinion – M 37029

Here is the link to Interior opinions.