federal recognition

DOI Consultation Notice on DOI Reorganization

Sarah M Donnelly

Download(PDF): Tribal Listening Sessions on E.O. 13871: Reorganization of the Executive Branch

Acting Assistant Secretary for Indian Affairs, Michael S. Black, invites Tribal leaders to attend one of the listed listening sessions to provide input on improving “efficiency, effectiveness, and accountability” at the Department of the Interior.

DATES

Federal Court Dismisses Nooksack v. Zinke; Plaintiff Lacks Standing as “Nooksack Tribe”

Matthew L.M. Fletcher

Here are the materials in Nooksack Indian Tribe v. Zinke (W.D. Wash.):

19 – Nooksack Tribe’s Motion for Preliminary Injunction

26 – Federal Defendants’ Opposition to Preliminary Injunction Motion and Cross-Motion to Dismiss

29 – Nooksack Tribe’s Reply in Support of Motion for Preliminary Injunction

36 – Nooksack Tribe’s Response in Opposition to Federal Defendants’ Cross-Motion to Dismiss or for Summary Judgment

39 – Secretary’s Reply re Motion to Dismiss

43 – Order Granting Defendants’ Motion to Dismiss

44 – Judgment

Federal Court Dismisses Claims by “Historic Ione Band of Miwok Indians Tribe”

Matthew L.M. Fletcher

Here are the materials in Villa v. Jewell (E.D. Cal.):

16-1 Motion to Dismiss

20 Opposition

23 Reply

26 DCT Order

Federal Court Holds Special Congressional Recognition of Frank’s Landing Is Not Federal Recognition

Matthew L.M. Fletcher1 Comment

Here are the materials in Frank’s Landing Indian Community v. National Indian Gaming Commission (W.D. Wash.):

33 Frank’s Landing Motion for Summary J

38 US Cross Motion for Summary J

39 Frank’s Lansing Reply

40 US Reply

41 DCT Order

Federal Magistrate Finds Tribes May Not Be Represented by Non-Licensed, Pro Se Individuals

Matthew L.M. Fletcher

Here are the materials so far in Robinson v. Jewell (E.D. Cal.):

Complaint

Magistrate Order

Burt Lake Ottawa & Chippewa Indians Sue Interior over Federal Recognition

Matthew L.M. Fletcher1 Comment

Here are the materials so far in Burt Lake Band of Ottawa & Chippewa Indians v. Jewell (D.D.C.):

1 Complaint

1-1 Exhibits

Update:

13 Motion to Dismiss

14 Opposition

17 Reply

Interior Solicitor Opinion on Lumbee Federal Recognition Process

Matthew L.M. Fletcher

Here is opinion M-37040.

In short, 1989 opinion overruled. 

Federal Claims Court Dismisses Action by “Chakchiuma Nation”

Matthew L.M. Fletcher

Here are the materials in Chakchiuma Nation v. United States (Fed. Cl.):

6-motion-to-dismiss

7-response

8-reply

10-order

Court Permanently Enjoins County from Taxing Poarch Band’s Trust Lands

Sarah M Donnelly

Download(PDF): Doc. 90 Order for Permanent Injunction and Declaratory Judgment

Link: Counterclaims against US and Poarch Band Dismissed in Tax Dispute

Mackinac Tribe v. Jewell Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

Whether the Court of Appeals deviated from this Court’s decision in Carcieri v Salazar, 555 U.S. 379 (2009) which held that the Secretary of Interior’s Federal Acknowledgment Process (FAP) established in 25 C.F.R. Part 83 is not determinative as to whether Indian Tribe is “recognized” for the purposes of the Indian Reorganization Act (25 U.S.C. § 479)?

Whether the Secretary of Interior can avoid performing her mandatory non-discretionary duty under the Indian Reorganization Act (25 U.S.C. § 476) to call elections to ratify tribal constitutional documents within a reasonable time by requiring a tribe to exhaust administrative remedies estimated to require 30 years to complete?

Lower court materials here.