federal recognition

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Velky and nearly 300 others were members of the Schaghticoke Tribal Nation until their federal recognition was revoked in 2005.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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Burt Lake Recognition Bill Passes House Resources Committee

Matthew L.M. Fletcher4 Comments

The House Resources Committee last week approved H.R. 1575 (Stupak): To reaffirm and clarify the Federal relationship of the Burt Band as a distinct federally recognized Indian Tribe, and for other purposes. “Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act.”

2008 Federally Recognized Tribes List

Matthew L.M. Fletcher

The 2008 list of federally recognized tribes is here: Federal Register Notice

Schaghticoke Chief’s Daughter Takes Fight to Web

Matthew L.M. Fletcher

From the Connecticut Post:

WASHINGTON — As far as Melissa Velky is concerned, she is Native American, tried and true.

The 24-year-old daughter of Richard Velky, chief of the Schaghticoke Tribal Nation, Melissa spent many a childhood day on the tribe’s 300-acre state reservation in Kent, Conn. As convinced as she is of her heritage, the federal government has said otherwise — declining to grant the tribe federal recognition, she claims, after state elected officials intervened. It is an injustice in her eyes and something she hopes to convince young Americans to rally around. “When we got our recognition reversed it was like my future being stomped on by the government,” Velky said in a recent interview. Velky, who is in her third year at Michigan State University’s College of Law, plans soon to launch “Students for Justice,” an Internet-based campaign that will utilize social networks like Facebook and MySpace to spread the word. “I’ve been through it all,” she said. “I’m interested in all aspects of the recognition process and hope other people will get involved and see what I see.” Velky was not yet born in 1981 when the tribe sent a letter of intent to the Bureau of Indian Affairs that they planned to petition for recognition. After years of gathering historical, genealogical and other records, the tribe submitted its petition to BIA and was approved on Jan. 29, 2004. The decision, however, was reversed on Oct. 12, 2005, on appeal from the state.

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McMillon v. Lost Cherokee of Arkansas and Missouri, Inc. — Probate Case

Matthew L.M. Fletcher12 Comments

Strange little case involving the Lost Cherokee of Arkansas and Missouri, Inc. — here is the opinion, which will be published in the Southwest Reporter. From the majority opinion:

This appeal arises from a petition to clarify a will filed by First State Bank in which it asked the court to clarify several issues, including whether the references in the will of Opal Gefon to “savings and checking account” and “remainder of my savings and checking” included the cash located in the decedent’s safety deposit box. Appellants, heirs of the decedent Opal Gefon, assert only one point of error on appeal: The trial court was clearly erroneous in finding that appellee Lost Cherokee of Arkansas and Missouri, Inc. was entitled to the $226,000 in cash located in the decedent’s safety deposit box at the time of her death. We find no error and affirm.

The dissent seems to have a point:

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Frank Ettawageshik on CNN

Matthew L.M. Fletcher2 Comments

From cnn.com:

Shoutout

AZUZ: Time for the Shoutout! From which Native American tribe was the leader Geronimo? If you think you know it, shout it out! Was it: A) Apache, B) Blackfoot, C) Cherokee or D) Dakota? You’ve got three seconds — GO! Geronimo was an Apache leader known for his courage and determination.

Saying Sorry

LLOYD: All of those tribes, along with the rest of the Native American community, are getting an apology from the U.S. government. Now, you guys know that saying “I’m sorry” isn’t always an easy thing to do. But it’s important, especially when you’re apologizing for wrongs that took place over hundreds of years. Kate Bolduan fills us in on the details.

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Cal. Miwok v. United States (CA DC)

Matthew L.M. Fletcher

The D.C. Circuit affirmed the decision of the Secretary of Interior declining to approve the California Miwok Tribe’s constitution on the grounds that only a small number of tribal members participated in its formation, to the exclusion of most others.

CA DC Opinion

Shinnecock Loses Rule 59 Motion; Permanent Injunction Granted on IGRA Claim

Matthew L.M. Fletcher2 Comments

New York successfully defended a judgment in its favor from last November (noted here) from a Rule 59 motion to modify the judgment. Also, the district court issued a permanent injunction against the Shinnecock Indian Nation, preventing them from opening a gaming operation under the Indian Gaming Regulatory Act.

Here are the materials:

DCT Order Issuing Permanent Injunction

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Western Mohegan Motion for Reconsideration (N.D. N.Y.)

Matthew L.M. Fletcher

The non-federally recognized Indian tribe Western Mohegan tribe sought to avoid county taxes on its land, and a resulting foreclosure for failure to pay.

Here are the materials:

Motion for Reconsideration

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