ILPC Book Talk — Recognition, Sovereignty Struggles & Indigenous Rights in the United States

Amy Den Ouden, Kathleen Brown-Perez, Jean O’Brien, Ruth Torres

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Federal Recognition Event at MSU Thursday

This is a big week at Michigan State. Our Spring Speakers event is this Thursday at 2pm in the Castle Board Room at MSU Law. The 1491s will be on campus Friday.

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Interior Updated Federally Recognized Tribes List

Here.

Ninth Circuit Affirms Rule 19 Dismissal in Friends of Amador County v. Jewell

Here is the unpublished opinion. An excerpt:

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

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

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Nipmuc Nation v. Jewell — Complaint Seeking Federal Recognition

Here:

Complaint

News coverage here.

Final Determination Against Acknowledgment of Tolowa Nation

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

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

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

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.