federal recognition

Written Testimony in SCIA Hearing on Burt Lake etc. Federal Recognition Bills

Matthew L.M. Fletcher

From SCIA:

Witnesses

THE HONORABLE TIMOTHY M. KAINE
Governor of the Commonwealth of Virginia, Richmond, VA

THE HONORABLE JIM WEBB
United States Senate, Washington, DC

THE HONORABLE JAMES P. MORAN
United States Congressman

Panel 1
MR. LEE FLEMING
Director, Office of Federal Acknowledgment, U.S. Department of the Interior, Washington, DC

THE HONORABLE ANNE TUCKER
Chairwoman, Muscogee Nation of Florida, Bruce, FL

THE HONORABLE JOHN SINCLAIR
President, Little Shell Tribe of Chippewa Indians of Montana, Great Falls, MT

THE HONORABLE RON YOB
Chairman, Grand River Bands of Ottawa Indians, Grand Rapids, MI

DR. HELEN C. ROUNTREE
Professor Emeritus, Old Dominion University, Hampton, VA

Grand River Band of Ottawas before the Senate Indian Affairs Committee

Matthew L.M. Fletcher4 Comments

The SCIA will hold a hearing Thursday on several recognition bills, including the Grand River Band recognition bill (H/T Indianz).

Here is testimony from Grand River from last year.

Carcieri v. Kempthorne: Amicus Briefs Supporting the Respondent

Matthew L.M. Fletcher

They’re here, courtesy of the Supreme Court Project:

In support of Respondents:

Amicus Brief of Narragansett Indian Tribe

Amicus Brief of Law Professors

Amicus Brief of NCAI

Amicus Brief of Historians

Amicus Brief of Standing Rock Sioux, et al.

Schaghticoke Tribal Nation v. Kempthorne — DCT Rejects Tribal Claims

Matthew L.M. Fletcher1 Comment

Here is the summary judgment order: schagticoke-dct-order

Here are the cross-motions. And here are many other background materials.

MOWA Tribe v. United States

Matthew L.M. Fletcher

The district court dismissed the appeal of the MOWA band’s denial of federal recognition because the six-year statute of limitations period had passed.

sd-ala-dct-decision

Samish Indian Nation v. U.S.

Kate Fort1 Comment

In this long running case, the Federal Court of Claims found that IHS funding and TPS allocations do not create jurisdiction.  Samish Indian Nation is trying to recover money it would have received if the Department of the Interior had not omitted the tribe from the list of federal recognized tribes from 1969-1996.

Samish Indian Nation v. U.S., Federal Court of Claims

Samish Indian Tribe v US — DCT Dismisses for Lack of Jurisdiction

Matthew L.M. Fletcher1 Comment

This case may harbor some bad news for Michigan tribes who had been administratively terminated and still hoping to be able to recover for the years that the federal government illegally failed to provide services.

samish-second-amended-complaint

us-motion-to-dismiss-samish-complaint

samish-report-on-why-discovery-should-be-permitted

us-supplement-brief-re-motion-to-dismiss

samish-response-to-us-supplemental-brief

us-reply-brief

dct-opinion-in-samish-v-us

Unalachtigo Band v. New Jersey — Order on Motion to Dismiss

Matthew L.M. Fletcher1 Comment

In this case, the underlying suit was brought by non-federally recognized tribe to establish a land claim and perhaps federal recognition. The Stockbridge-Munsee Mohicans sought intervenor status to file a motion to dismiss on Rule 19 (indispensable party) grounds (again, my favorite rule). The district court denied the motion to dismiss, noting that the original plaintiffs had no standing anyway.

dct-opinion-on-motion-to-dismiss

Written Testimony in Senate Hearing on DOI Backlogs

Matthew L.M. Fletcher

From the Senate Indian Affairs Committee website:

THE HONORABLE CARL J. ARTMAN
Assistant Secretary – Indian Affairs, U.S. Department of the Interior
Washington, DC

THE HONORABLE ROBERT CHICKS
Mid-West Area Vice President, National Congress of American Indians; President, Stockbridge Munsee Band of Mohican Indians
Bowler, WI

THE HONORABLE GARY SVANDA
Council Member, City of Madera
Madera, CA

MR. DOUG NASH
Director, of Indian Estate Planning and Probating, Institute of Indian Estate Planning and Probate
Seattle, WA

Schaghticoke Nation Student Profiled

Matthew L.M. Fletcher

From Diverse: Issues in Higher Education:

Melissa Velky, a third-year law student at Michigan State University’s College of Law, is not waiting until graduation to immerse herself in a serious legal confrontation. With the livelihood of her native tribe at stake, Velky, daughter of Schaghticoke Nation Chief Richard Velky, is working now to help restore her tribe’s federal recognition.

Velky and nearly 300 others were members of the Schaghticoke Tribal Nation until their federal recognition was revoked in 2005. Velky, an indigenous law major, plans to launch an Internet-based campaign titled “Students for Justice” that will utilize social networks like Facebook and MySpace to garner support for her tribe.

“I am Schaghticoke, and I will always be,” says Velky, denouncing the notion that her identity and the history of her people can be revoked with the stroke of a pen.

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