Federal Court Denies Muwekma Ohlone Tribe’s Objections to DOI’s Decision Not to Acknowledge Tribe

Here is the opinion in Muwekma Ohlone Tribe v. Salazar (D. D.C.):

DCT Order Granting USA Motion for Summary J

And the materials:

Muwekma Motion for Summary J

Interior Cross-Motion for Summary J

Federal Court Defers Decision in Nisenan Maidu Tribe v. Salazar

The plaintiffs, who are seeking federal recognition under Hardwick v. United States, will seek individual relief under that case instead.

Here are the materials:

Plaintiff Motion to Proceed in Hardwick

DCT Order Deferring Case

Federal Circuit Revives Part of Samish Indian Nation Damages Claims against US in Federal Recognition Case

Here is today’s opinion in Samish Indian Nation v. United States.

An excerpt:

The issues on appeal before this court are ones of statutory construction. We must decide whether certain claims are premised on money-mandating statutes and are therefore within the jurisdiction of the United States Court of Federal Claims pursuant to the Tucker Act, 28 U.S.C. § 1491(a), and the Indian Tucker Act, 28 U.S.C. § 1505. The Court of Federal Claims dismissed for lack of jurisdiction over the claims brought by the Samish Indian Nation (“Samish”) because some of their allegations were not premised upon any statute that was moneymandating, and the allegations reliant on moneymandating statutes were limited by other statutes. We affirm the Court of Federal Claims’ decision that it lacked jurisdiction over some of the Samish’s allegations because the Tribal Priority Allocation (“TPA”) system is not money-mandating. We conclude, however, that the trial court’s ability to provide a monetary remedy under the State and Local Fiscal Assistance Act of 1972 (“Revenue Sharing Act”) is not limited by operation of the AntiDeficiency Act, 31 U.S.C. § 1341. We therefore reverse the trial court’s dismissal of the Samish’s Revenue Sharing Act allegations and remand for further proceedings consistent with this opinion.

Here are the briefs:

Samish Appellant Brief

Brief for the United States

Samish Reply

Lower court materials here.

Claims to Benefits from Table Mountain Rancheria Restoration Dismissed

Here are the materials in Lewis v. Salazar (E.D. Cal.):

61 – Memorandum Order Granting Motions to Dismiss With Prejudice

50.1 – Tribal Defendants’ Motion to Dismiss SAC

52.1 Salazar – MPA re Motion to Dismiss SAC

53 – Opposition to TribalDefendants Second Motion To Dismiss

54 – Opposition to Salazar’s Second Motion To Dismiss

55 – Tribe’s Reply Brief re Motion to Dismiss SAC

57 – Salazar Reply Brief re Motion to Dismiss SAC

Christian Science Monitor Article on Federal Recognition

Here. It mostly focuses on the Winnemem Wintu.

A photo slideshow of the Winnemem Wintu sacred sites to be affected by the proposed raising of the Shasta Dam is here.

Federal Court Dismisses Sandy Lake Chippewa Band’s Suit Seeking Federal Recognition

Here are the materials in Sandy Lake Band of Mississippi Chippewa v. United States (D. Minn.):

DCT Order Dismissing Sandy Lake Band Complaint

Government Motion to Dismiss

Sandy Lake Opposition

Government Reply

Challenge to Alaska Native Federal Recognition in Alaska Supreme Court

Here are the available materials in McCrary v. Ivanof Bay Village:

McCrary Initial Brief [UPDATED 5/2/12]

Ivanof Bay Village Brief

McCrary Reply Brief

Federal Courts Rules against Snohomish Recognition Effort

Here are the materials in Evans v. Salazar (W.D. Wash.):

DCT Order in Evans v Salazar

Interior Motion for Summary Judgment in Evans

Snohomish Motion for Summary J

Interior Motion for Summary Judgment 2 & Motion to Strike Affidavit

New Yorker Profile on Shinnecock Indian Nation

Here.

Makes us wish The Great Gatsby could be revised….

Miigwetch to A.K.

BIA Issues Proposed Finding on Tolowa Nation Petition

From the press release:

WASHINGTON – Acting Assistant Secretary-Indian Affairs George T. Skibine has issued a proposed finding not to acknowledge the petitioner known as the Tolowa Nation (TN), Petitioner #85, located in Fort Dick, Calif., as an Indian tribe under the regulations governing the federal acknowledgment process at 25 CFR Part 83. The evidence in the record is insufficient to demonstrate that Petitioner #85 meets the criterion 83.7(b), one of the seven mandatory criteria of the regulations for a determination that the petitioning group is an Indian tribe. In accordance with 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, the Interior Department proposes to decline to acknowledge Petitioner #85 as an Indian tribe.

The Proposed Finding and Federal Register notice will be posted here.