News Coverage of Michigan Gaming Compact Negotiations

Here, courtesy of one of our senior Canadian correspondents.

Here’s the State of Michigan’s map of Michigan Indian casinos in case you feel like supporting tribal economic development:

Michigan_Gaming_Control_Indian_Casinos_332774_7

News Coverage of Yakama-DOJ-FBI Agreement

Here.

Menominee Off-Reservation Gaming Decision

Here is the Interior press release, with a link to the decision.

The decision pdf is here:

Menominee Gaming Decision

Seattle Times Coverage of Nooksack Disenrollments

Here.

Excerpt:

The federal government has been hesitant to get involved in tribal internal affairs, according to Robert Anderson, director of the Native American Law Center at the University of Washington and an enrolled member of the Minnesota Chippewa Tribe. A group of Snoqualmie members experienced a rare legal victory in 2009 when a federal court judge overturned their banishment and disenrollment.

Disenrollment decisions are not only about membership, but also about belonging, Raquel Montoya-Lewis, chief judge of the Nooksack Tribal Court, wrote in a court decision.

“Cultural and tribal identity lay at the heart of how we know ourselves. … Belonging to a tribe gives tribal members a sense of home, of connection to a community, whether one lives there or not,” Montoya-Lewis wrote.

Yakama Nation Reaches Settlement with DOJ/FBI re: 2011 Reservation Raid

YAKAMA NATION STRIKES HISTORIC AGREEMENT WITH DOJ, FBI TO SETTLE LITIGATION OVER 2011 RESERVATION RAID (FBI RECITALS AGREEMENT PRESS RELEASE PDF)

FBI AGREES TO COMMUNICATE WITH YAKAMA POLICE BEFORE ENTERING YAKAMA INDIAN COUNTRY

Toppenish, WA– The Confederated Tribes and Bands of the Yakama Nation have reached an unprecedented, out-of-court settlement with the United States Department of Justice (DOJ), principally the Federal Bureau of Investigation (FBI). 

The settlement fully and finally resolves Yakama’s lawsuit against the FBI and several of its sister law enforcement agencies, as well as various county and municipal police agencies from Washington State, Mississippi and Virginia.  That suit arose from a federal task force raid of Yakama Reservation trust lands that commenced at dawn on February 16, 2011.  Upon reported word of the settlement on August 15, 2013, U.S. District Court Judge Rosanna Peterson closed the case.

“Today is historic.  The United States has agreed to honor the law enforcement protocols set forth in the Yakama Treaty of 1855.  That is unprecedented.” said Yakama Nation Tribal Council Chairman and former police chief Harry Smiskin.  “From today forward the FBI will communicate with Tribal Police before they enter Yakama Indian Country.  I am confident that the resulting cooperation between federal and tribal cops will greatly improve public safety throughout our territories.”

Through Article II of the Yakama Treaty of 1855, the Yakama Reservation was set apart for the exclusive use and benefit of the Yakama Nation.  To that end, the Yakama Treaty makes clear that no “white man” shall be permitted to reside upon Yakama Indian Country without permission from the Yakama Nation.  Federal Treaty negotiators explained to the Yakama that Article II meant that no one – not even United States agents, with the lone exception of today’s Bureau of Indian Affairs agents – would be permitted to step onto Yakama Reservation lands without the Yakamas’ consent.   

Also, in Article VIII of the Yakama Treaty, the United States and Yakama Nation set forth a process for delivering Yakama criminals or suspects who are in Yakama Indian Country to federal authorities.  Federal Treaty negotiators also explained to the Yakama that Article VIII meant there would be a consultation process between the Head Chief or all of the Yakama Chiefs, and the United States, relative to any Yakama alleged to have committed a wrong, before they might be delivered up to federal authorities. 

The settlement agreement between Yakama and DOJ is called, “Recitals of Joint Law Enforcement Goals.”  It recites that:

  Continue reading

Slate: Map of Actual European Discoveries

Here. H/t property profs.

Discoveries

Brazilian Indigenous Peoples Fighting for Lands

Here.

Brazilian map

News Coverage of Federal Government’s Intervention in Penobscot v. Maine

Here, via Pechanga.

Press Release on Federal Complaint against New York DFS over Tribal Payday Lending

Here.

WASHINGTON (August 21, 2013) — After recent actions by New York Department of Financial Services (DFS) Administrator Benjamin Lawsky to unlawfully intimidate Native American tribes and the legal and licensed businesses they run, a coalition of Tribes has filed a complaint today with the United States District Court Southern District of New York requesting an injunction against Lawsky’s efforts. The tribes filing the lawsuit are members of the Native American Financial Services Association (NAFSA).

“Defendant Lawsky and the State of New York have overstepped their bounds with their illegal attacks on our tribes,” said Barry Brandon, Executive Director of the Native American Financial Services Association (NAFSA). “His actions are a flagrant denial of our rights as sovereign entities, and today, we are fighting back to defend these rights.”

“We have enjoyed these sovereign rights for centuries predating even the United States,” Brandon continued. “They have been established and reinforced by Constitutional law, federal legislation, and a long history of legal rulings. Our actions today will protect the sovereign rights of Native American tribes and their wholly-owned businesses from extraterritorial attempts to impose New York State laws on transactions governed by tribal law.”

“This is a straightforward case that is about the real world importance of Native American sovereign rights,” said David Bernick of Boies, Schiller & Flexner, LLP, who serves as Counsel of Record for the action. “Defendant Lawsky knows that he doesn’t have the authority to regulate and limit tribes’ sovereignty, which is why the Department of Financial Services has instead gone after tribes’ banking relationships. Since Defendant Lawsky has turned a blind eye to hundreds of years of precedent, he has left tribes with only one clear path: go to the courts to protect these very old and highly-respected rights.”

The complaint argues that tribes will suffer irreparable injury absent injunctive relief, as Defendant Lawsky’s intimidation tactics against banks and third-party processors have already led to significant harm to tribes’ business relationships. As a result, critical funding for government operations on tribal lands, such as health care, social services, and education will be severely impacted. Funding from these businesses can make up 25% of tribal operating budgets, at a minimum.

The lawsuit was filed on behalf of the Otoe-Missouria Tribe, a federally-recognized Indian Tribe; Great Plains Lending, LLC, a wholly-owned tribal limited liability company; American Web Loan, Inc., a wholly-owned tribal corporation; Otoe-Missouria Consumer Finance Services Regulatory Commission, a tribal regulatory agency; Lac Vieux Desert Band of Lake Superior Chippewa Indians, a federally-recognized Indian Tribe; Red Rock Tribal Lending, LLC, a wholly-owned tribal limited liability company; and the Lac Vieux Desert Tribal Financial Services Regulatory Authority, a tribal regulatory agency. Benjamin M. Lawsky, in his individual capacity and in his official capacity as Superintendent of the New York State Department of Financial Services, has been named as the Defendant.

David Bernick of Boies, Schiller & Flexner, LLP, is serving as Counsel of Record for the action with Robert Rosette serving as co-counsel and attorney representing the two tribes.

About NAFSA

The Native American Financial Services Association (NAFSA) formed in 2012 to advocate for Native American sovereign rights and enable tribes to offer responsible online lending products. Through the protection of consumer rights and sovereign immunity, NAFSA provides vital services to tribally operated lenders serving the under-banked with better short term financial services, furthering economic development opportunities in Indian Country. Continue reading

NPR on Hopi Sacred Objects Returning Home

Here.

An excerpt:

Back in April I reported on a Paris auction house that sold 70 Hopi sacred items. The tribe asked the sale be halted saying the items were stolen and belonged on its reservation in northern Arizona. The Hopi religion is shrouded in secrecy, so the tribe was in a bind. Tribal leaders wanted the media’s help to bring attention to the sale, but they didn’t want to talk about what those items were.

Prior posts here, here, and here.