Tribal Codes

Fourth Part of Billings Gazette Special Report — Tribal Economies

Matthew L.M. Fletcher

From the Billings Gazette:

The Crow Tribe recently signed an innovative agreement with Montana and the federal government that will make it easier for banks to offer secured loans on the reservation. Essentially, it provides for seizure of personal property used as collateral when a loan is in default. (It does not apply to land held in trust for the tribe or its members.)

In 2004, the Crow Tribe adopted The Crow Finance Protection and Procedures Act, which makes it possible for banks to foreclose on trust property within the reservation. The catch is that at the foreclosure sale, the land can be sold only to the Crow Tribe or to a member of the tribe. If no eligible bidder can meet the price, the lender gets the beneficial title to the property but must continue to try to sell it to a qualified Crow buyer.

Differences in state and tribal law do come with some complications, but they aren’t barriers, said Mike Eakin, who works in the Billings office of Montana Legal Services.

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Billings Gazette Special Report on Tribal Sovereignty

Matthew L.M. Fletcher1 Comment

From the Billings Gazette:

When the last of the bison herds disappeared in the early 1880s, Indian nations on the Northern Plains were reduced to poverty.

In Montana, where there are no high-flying gambling operations and big population centers, economic conditions for American Indians have been slow to change. Unemployment is rampant, and business opportunities are scarce.

Through various acts of Congress, tribes are contracting with the federal government to provide essential services to their people. But federal funds, static for years, are shrinking. Tribes are taking on more responsibilities than ever for the welfare of their people and are pursuing economic opportunities to support their efforts.

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Saginaw Chippewa Boxing Controversy

Matthew L.M. Fletcher1 Comment

From BoxingScene.com:

By Keith Terceira

This article first began to develop when we were contacted by the Bronco McKart camp asking me to look into irregularities on the fight card that took place on March 29 at the Soaring Eagle Casino in Mt. Pleasant, Michigan. This fight card was to take place under the oversite of the newly formed Boxing Commission of the Saginaw Chippewa Indian Nation. I was provided with documents that were at best a product of bad math and at worst altered scorecards.

First in the interest of full disclosure, I have a particular interest in the political and economic concerns of the First People of both the United States and of Canada. My mother’s people can be traced to both the Mi’kmaq of Nova Scotia and the Caldwell Band of Potawatomis.  I myself am registered Metis in Canada and am proud of my ancestry. Therefore, it was with much trepidation that I wrote this report at all because in this country what reflects badly on one tribal nation reflects badly on all.

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US v. Erickson — Denial of Motion to Suppress Based on Violation of Tribal Law

Matthew L.M. Fletcher1 Comment

Here are the materials, in a case involving actions of the Rosebud Sioux Tribe’s law enforcement as arresting officers:

erickson-motion-to-suppress

us-response-to-erickson-motion-to-suppress

supplement-to-motion-to-suppress

us-supplemental-response

report-recommendation-us-v-erickson

rosebud-sioux-tribe-ordinance-91-05

Birdnecklace v. Steele — Federal Court Challenge to Oglala Sioux Election

Matthew L.M. Fletcher

Sr. District Judge Bogue dismissed this claim, brought under 42 U.S.C. sec. 1985. Here are the materials:

oglala-sioux-election-coa-order

oglala-sioux-sct-order

birdnecklace-amended-complaint

birdnecklace-motion-for-default-judgment

steele-motion-dismiss

steele-motion-to-dismiss-exhibit-1

steele-motion-to-dismiss-exhibit-3

birdnecklace-dct-opinion

Kirsty Gover on Tribal Membership Criteria

Matthew L.M. Fletcher1 Comment

Kirsty Gover, a grad student, has posted “Genealogy as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance” on SSRN. Here is the abstract:

This article presents the findings of a large-scale study of current and historic tribal membership rules contained in the constitutions of federally-recognized tribes. The constitutions of 245 tribes in the lower 48 states are surveyed. The article explains changes in membership governance by reference to changes in the political, legal and social environments of tribes, including especially shifts in federal Indian policy and tribal demography. It discusses the increasing tribal preference for lineal descent and tribal blood quantum rules, relative to older criteria such as parental enrollment, parental residence and Indian blood quantum rules. It explains that these rules are tribe-specific, in contrast to the pan-tribal measures of Indianness and Indian blood quantum used in federal law and policy, and suggests that while tribes deploy familiar administrative mechanisms, such as blood quantum, they increasingly refashion these as measures of genealogy rather than race. It further argues that these rules are a form of tribal self-help, that assist a tribe to repair disruptions in its continuity, especially those occurring as a result of the operation of termination policy.

NILL Blog Posting on Model Tribal Secured Transactions Act

Matthew L.M. Fletcher1 Comment

From NILL:

The conference proceedings for “Sovereignty symposium 2007 : making medicine” (2007) provide a wealth of information on the Model Tribal Secured Transactions Act. The Act itself is provided, along with analysis, sample tribal codes/regulations and sample tribal compacts (or intergovernmental agreements). Much of the information is reprinted with permission from the National Conference of Commissioners on Uniform State Laws and can be accessed at the NCCUSL’s web site.

For more information, go to the National Indian Law Library’s online catalog at http://nillcat.narf.org/ Then type “security law” into the Subject Terms field.

Training on Model Tribal Secured Transactions Act

Matthew L.M. Fletcher1 Comment

From the Houston Chronicle:

BROOMFIELD, Colo. — American Indians who had trouble getting loans because of a disparity between tribal and state laws are learning about new legislation that could make the process easier.

Representatives from about a dozen tribes around the country are expected to attend a meeting in this Denver suburb Friday and Saturday to discuss a model tribal law first adopted by Montana’s Crow Tribe last month.

Banks have previously been reluctant to loan money to people on reservations because of the difficulty of going through tribal courts if the borrower defaults. Under the “Model Tribal Secured Transaction Act,” tribal laws would conform to state laws if a default case ends up in tribal court.

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Long Family and Amici Briefs Supporting Respondent Filed

Matthew L.M. Fletcher

All the bottom side briefs in the Plains Commerce Bank v. Long Family Land & Cattle Co. have been filed and are available at the NARF/NCAI Supreme Court Project website here.

The Bank’s reply brief is due shortly.

Nooksack Drug Testing Challenge

Matthew L.M. Fletcher

From the Bellingham Herald:

Four members of the Nooksack Indian Tribe have filed suit in tribal court, challenging an election ordinance that requires tribal council candidates to pass a drug test before they can get on the ballot.

Charlotte Geleynse had hoped to be on the ballot for the March 15 election as a member of the “It’s Our Future” slate advocating sweeping change to tribal governance, but she refused to submit to the test.

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