Michigan Indian

New Scholarship: “Re-Thinking Colonialism to Prepare for the Impacts of Rapid Environmental Change”

Matthew L.M. Fletcher

Nicholas James Reo and Angela K. Parker have published “Re-Thinking Colonialism to Prepare for the Impacts of Rapid Environmental Change” in Climatic Change. Highly recommended.

Here is the abstract:

This essay demonstrates how key concepts from ecology can be applied within historical analyses in order to gain insights regarding contemporary environmental change. We employ a coupled human and natural systems conceptual framework in a nascent historical analysis of rapid societal and environmental change in colonial New England, where European colonization led to stark and rapid transformations. Introduced diseases reduced indigenous communities to a fraction of their pre-contact levels. European agriculture and associated pest species, deforestation and overharvest of ecologically influential species were among key aspects of the rapid changes in colonial New England. Cross-continental biotic introductions initiated reinforcing feedback loops that accelerated the transition of human and natural systems into novel states. Integrating colonial history and ecology can help identify important interactions between human and natural systems useful for contemporary societies adjusting to environmental change.

Continue reading →

Nottawaseppi Huron Band Potawatomi Job Posting — Tribal Gov’t Chief Executive Officer

Matthew L.M. Fletcher

This position will function as the Chief Executive Officer of Tribal Government under the direction of the Nottawaseppi Huron Band of the Potawatomi Tribal Council. The incumbent ensures effective and efficient management of governmental functions and programs, acts as a governmental liaison with other agencies and performs all other duties delegated by the Council in order to accomplish administrative and organizational goals. Manages business growth, new operational and business initiatives, programs, projects, financial objectives, cultural changes and business goals for government operations as defined by the Tribal Council.

Here:

Chief Executive Officer – Tribal

First Same Sex Couple Married at LTBB Invited to White House

Victoria Sweet

Tim LaCroix and his longtime partner, Gene Barfield, will be guests of President Barack Obama on Thursday at a reception honoring LGBT Pride Month, MLive.com reportedtoday. LGBT stands for lesbian, gay, bisexual and transgender.

The men were married in March by the LittleTraverse Bay Bands of Odawa Indians, of which LaCroix is a member. Same-sex marriage is prohibited in Michigan, but federally recognized Native American tribes are self-governing and aren’t bound by state law.

Story here.

Previous coverage here.

Gun Lake Band Spring Revenue Sharing — $8.4 Million

Matthew L.M. Fletcher

Here:

PR Revenue Sharing Announcement 6.6.13

Freep: Feds Toss Michigan Civil Rights Commission Complaint on Indian Names and Mascots

Matthew L.M. Fletcher

Here.

Eastern District of Michigan Ranks 6th in Charging Indian Country Criminal Cases

Matthew L.M. Fletcher1 Comment

Here.

Update in KBIC Member Suit against Michigan over Pig Farming

Matthew L.M. Fletcher3 Comments

Here is the first amended complaint in Turunen v. Creagh (W.D. Mich.):

Turunen First Amended Complaint

Michigan previously moved to dismiss here:

Michigan Motion to Dismiss

First post was here.

The Patchak Patch

Matthew L.M. Fletcher

See Press Release here.

Excerpt:

Today, Assistant Secretary-Indian Affairs Kevin K. Washburn issued for public comment a proposed rule designed to demonstrate the Administration’s commitment to restoring tribal homelands and furthering economic development on Indian reservations. The proposed rule will provide for greater notice of land-into-trust decisions and clarify the mechanisms for judicial review depending on whether the land is taken into trust by the Assistant Secretary for Indian Affairs, or by an official of the Bureau of Indian Affairs.During the public comment window, Indian Affairs will also conduct tribal consultation.

For the Bureau of Indian Affairs trust acquisition decisions, which are generally for non-gaming purposes and constitute the vast majority of land-into-trust decisions, the proposed rule will ensure that parties have adequate notice of the action and clarifies the requirement that exhaustion of administrative remedies within the Department is necessary to seek judicial review.

“The principal purpose of this proposed rule is to provide greater certainty to tribes in their ability to develop lands acquired in trust for purposes such as housing, schools and economic development,” said Assistant Secretary Washburn. “For such acquisitions, the proposed rule will create a ‘speak now or forever hold your peace moment’ in the land-into-trust process. If parties do not appeal the decision within the administrative appeal period, tribes will have the peace of mind to begin development without fear that the decision will be later overturned.”

Pre-publication version.

Update from Interior:

Since the Obama Administration took office in January of 2009, the Department has approved more than 1175 applications for land into trust, including 12 for Indian Gaming, and the total acquisitions include more than 205,000 acres.

Opening Brief in Lansing Casino Dispute — Michigan v. Sault Tribe

Matthew L.M. Fletcher1 Comment

Here is the opening brief:

Sault Tribe CA6 brief

TribeMotionCOA SubstituteBrief (3)

Sault Tribe CA6 Substitute Brief

Lower court materials here.

Two Papers from Elizabeth Kronk

Matthew L.M. Fletcher1 Comment

Indian Claims and the Court of Federal Claims: A Legal Overview, Historical Accounting and Examination of the Court of Federal Claims’ and Federal Circuit’s Impact on Federal Indian Law
6 Journal of the Federal Circuit Historical Society 59 (2012)
 Elizabeth Ann Kronk
Abstract:

Many would argue that the history of the federal government’s relationship with Indian tribes is replete with examples of atrocities and shameful actions on the part of the federal government (which is not to say that Indian tribes have been historical angels). Through the Court of Federal Claims, and its predecessor the Indian Claims Commission, Indian tribes have been able to pursue monetary claims against the federal government for these historic and modern injustices. The history of Indian claims in the United States Court of Federal Claims is an interesting and multifaceted one. Although many Indian tribes regularly bring claims to the Court of Federal Claims today, this was not always the case. This article seeks to trace the history of Indian claims in the Court of Federal Claims and also discusses how decisions of the Court of Federal Claims and United States Court of Appeals for the Federal Circuit have significantly impacted the development of federal Indian law. To accomplish this goal, the article begins with a general examination of federal Indian law and of the history of Indian claims in the Court of Federal Claims. The article then examines some key decisions of the Court of Federal Claims and Court of Appeals for the Federal Circuit that have significantly impacted the development of federal Indian law.


One Statute for Two Spirits: Same-Sex Marriage in Indian Country
JURIST Forum, April 2013
 Elizabeth Ann Kronk

Abstract:

On March 15, 2013, the Little Traverse Bay Bands of Odawa Indians (LTBB) became the third tribal nation to recognize same sex unions. The LTBB statute, Waganakising Odawak Statute 2013-003, defines marriage as “the legal and voluntary union of two persons to the exclusion of all others.” The Coquille Tribe, in 2009, and Suquamish Tribe, in 2011, both previously recognized same sex unions. Unlike the Coquille Tribe, located within Oregon, and the Suquamish Tribe, located within Washington, LTBB’s tribal territory is located within Michigan, a state that does not currently recognize same sex marriages. Accordingly, some may question the authority of LTBB and similarly situated tribal nations to enact provisions, such as the Waganakising Odawak Statute 2013-003, that conflict with state policy. This article addresses issues surrounding the authority of tribal nations to enact provisions allowing for same-sex marriage or unions.