Here is the opinion in Muwekma Ohlone Tribe v. Salazar (D. D.C.):
DCT Order Granting USA Motion for Summary J
And the materials:
Here is the opinion in Muwekma Ohlone Tribe v. Salazar (D. D.C.):
DCT Order Granting USA Motion for Summary J
And the materials:
The plaintiffs, who are seeking federal recognition under Hardwick v. United States, will seek individual relief under that case instead.
Here are the materials:
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:
Lower court materials here.
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
Here are the materials in Sandy Lake Band of Mississippi Chippewa v. United States (D. Minn.):
Here are the available materials in McCrary v. Ivanof Bay Village:
McCrary Initial Brief [UPDATED 5/2/12]
Here are the materials in Evans v. Salazar (W.D. Wash.):
Interior Motion for Summary Judgment in Evans
Snohomish Motion for Summary J
Interior Motion for Summary Judgment 2 & Motion to Strike Affidavit
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.
You must be logged in to post a comment.