federal recognition

The district court concluded next that joinder would not be feasible because the Tribe enjoys sovereign immunity as a federally recognized Indian tribe. Appellants challenge the validity of the Tribe’s federally recognized status but concede its existence. Indeed, the Tribe has been federally recognized since at least 1985, see Indian Tribal Entities Recognized and Eligible to Receive Services, 50 Fed. Reg. 6055-02 (Feb. 13, 1985), and it thus has “the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States,” Indian Entities Recognized and Eligible to Receive Services from the Board of Indian Affairs, 77 Fed. Reg. 47,868-01 (Aug. 10, 2012).

Briefs and link to oral argument audio here.

Lower court materials here.

February 20th Spring Speakers Event on Federal Recognition

January 29, 2014Kate Fort

We’re very much looking forward to this event. Please join us.

Nipmuc Nation v. Jewell — Complaint Seeking Federal Recognition

January 28, 2014January 27, 2014Matthew L.M. Fletcher

Here:

Complaint

News coverage here.

Final Determination Against Acknowledgment of Tolowa Nation

January 24, 2014January 24, 2014Kate Fort

Friday afternoon release here.

WASHINGTON, DC – Assistant Secretary – Indian Affairs Kevin Washburn today issued a final determination not to acknowledge the petitioner known as the Tolowa Nation (Petitioner #85) located in Fort Dick, California, as an Indian tribe under the regulations governing the Federal acknowledgment process (at 25 Code of Federal Regulations Part 83).

The evidence provided is insufficient to demonstrate that the Tolowa Nation meets criterion 83.7(b), one of the seven mandatory criteria of the regulations. Under the regulations, the failure to meet all seven criteria requires a determination that the petitioning group is not an Indian tribe within the meaning of Federal law. Therefore, Department of the Interior (Department) declines to acknowledge Petitioner #85 as an Indian tribe.

Interior Proposed Findings for Two Federal Acknowledgment Petitioners

January 17, 2014May 16, 2014Kate Fort1 Comment

In today’s Friday afternoon release from Interior:

WASHINGTON, DC – Assistant Secretary – Indian Affairs Kevin K. Washburn today issued proposed findings for two petitioners under the Federal Acknowledgment Process. The decisions include a proposed finding to acknowledge the petitioner known as the Pamunkey Indian Tribe (Petitioner #323) as a federally recognized Indian Tribe, and a proposed finding to decline acknowledgment for the petitioner known as the Meherrin Indian Tribe of North Carolina (Petitioner #119b).

Release here.

The proposed findings and Fed Register notices are not yet up here, though the release indicates they will be soon.

Meherrin Indian Tribe Interior page is here.

Interior Proposes to Recognized Pamunkey Indian Tribe

January 17, 2014Matthew L.M. Fletcher1 Comment

Here is a press release from the tribe:

1 l7 2014 Press Release (FINAL)

ASU Law Conference on the Federal Recognition Process — Jan. 16-17, 2014

January 13, 2014Matthew L.M. Fletcher

Frank Ettawageshik, our mentor and former LTBB tribal chair, helped to organize this one: “Who Decides You’re Real? Fixing the Federal Recognition Process.”

Agenda is here.

Lorinda Riley on the Federal Recognition Process

December 16, 2013December 15, 2013Matthew L.M. Fletcher

Lorinda Riley has published “Shifting Foundation: The Problem with Inconsistent Implementation of Federal Recognition Regulations” (PDF) in the NYU Review of Law & Social Change.

Here is the abstract:

The establishment of federal recognition is the cornerstone of federal Indian law. All rights, including criminal jurisdiction, tax status, gaming rights, and hunting and fishing rights, stem from this initial acknowledgment. Yet prior law review articles have focused only on the overarching process of federal recognition without closely examining the actual administrative findings of the Department of the Interior.

This article will provide an in-depth examination of the regulations governing whether an Indian entity is entitled to the benefits of a government-to-government relationship with the United States. Specifically, this article examines the regulatory process for filing a federal recognition petition and critiques four of the criteria that petitioning Indian entities consistently fail to meet. By reviewing Department of the Interior decisions, this article demonstrates the inconsistencies in regulatory interpretations and guidance documents as well as the inherent biases in the current regulatory framework.
Finally, the article discusses potential solutions to these problems and identifies the first step necessary in order to fully understand the depth of this regulatory issue.