trust relationship

Ninth Circuit Rules Against Santa Ynez Band of Chumash Mission Indians Disenrollees

Matthew L.M. Fletcher

Here is the opinion in Miranda v. Jewell.

Briefs:

Appellant Brief

Federal Answer Brief

Reply

Audit of Cooperative Agreement Between the Bureau of Reclamation and the Lower Brule Sioux Tribe

Sarah M Donnelly1 Comment

Link: Memorandum

The audit identified a total of $1,440,748 in questioned costs, as well as the need for increased oversight by USBR. OIG offers six recommendations to help USBR resolve the questioned costs and improve its operations with LBST. USBR agreed with all six recommendations and will begin negotiations with LBST to recoup the unallowable costs.

Rep. Markwayne Mullin Denies Advocating for the “Privatization” of Tribal Assets

Matthew L.M. Fletcher1 Comment

Here is “Trump Adviser Says He’s Not Privatizing Tribal Land” from Law360.com. Rep. Mullin’s full statement is here. An excerpt:

By removing public-land restrictions on Indian trust land, such as the National Environment Policy Act (NEPA), we are not “privatizing” Indian land.  We must also remove the barriers from the decision-making process and stop forcing tribes to ask permission from federal entities like the Bureau of Indian Affairs (BIA) and the Bureau of Land Management (BLM). 

Prior coverage here. Rep. Mullin’s quote there:

“We should take tribal land away from public treatment,” said Markwayne Mullin, a Republican U.S. Representative from Oklahoma and a Cherokee tribe member who is co-chairing Trump’s Native American Affairs Coalition. “As long as we can do it without unintended consequences, I think we will have broad support around Indian country.”

This “privatization” talk is unlikely to end here. Anti-Indian advocates won’t have to look very hard to find Indians and others who would sympathetic to something akin to “privatization.”

IHS Instructs Nooksack to Serve All; Does Not Recognize Disenrollment Actions

Matthew L.M. Fletcher

Here is the letter:

Letter IHS Regional Director Dean Seyler to Nooksack Chairman Robert Kelly Jr

Navajo Sage Hospital Prevails on IHS Medicare/Medicaid Allocation and Duplication Issues

Matthew L.M. Fletcher

Here are the materials in Navajo Health Foundation – Sage Memorial Hospital, Inc. v. Burwell (D. N.M.):

199-sage-motion-for-summary-j-allocation-issue

200-sage-motion-for-summary-j-duplication-issue

222-response-on-duplication-issue

235-reply-in-support-of-199

236-reply-in-support-of-200

253-dct-order

Prior post here.

News Profile of BIA Letter to Nooksack

Matthew L.M. Fletcher

Here is “Nooksack Tribe’s actions not recognized by feds in ‘exceedingly rare’ case.”

BIA Will Not Recognize Actions of Holdover Nooksack Tribal Council

Matthew L.M. Fletcher2 Comments

Here is the letter from ASIA Larry Roberts to Robert Kelly:

Letter

An excerpt:

We will not recognize any actions until duly elected officials are seated in accordance with the Tribe’s Constitution and Bylaws.  This includes recent actions by you and two Council members to enjoin the authority of the Northwest Intertribal Court System (NICS).  Since the NICS was authorized by a quorum of the Council to adjudicate matters prior to March 24, 2016, we will continue to recognize judicial decisions issued by the NICS.

BIA Enjoined from Entering into Separate 638 Contracts with Northern Arapaho and Eastern Shoshone

Matthew L.M. Fletcher1 Comment

Here are the new materials in Northern Arapaho Tribe v. Lacounte (D. Mont.):

58-reply-in-support-of-26

66-us-motion-to-dismiss

68-us-response-to-17

78-reply-in-support-of-17

82-response-to-66

88-reply-in-support-of-66

113-dct-order

An excerpt:

Plaintiff’s Motion for Preliminary Injunction is GRANTED on the following terms: in accordance with the Gourneau Letter (Doc. 97-1), Defendants shall refrain from approving 638 contracts for multi-tribal, shared services without the approval, via tribal government resolution, of both the Northern Arapaho Tribe and the Eastern Shoshone Tribe.

Prior pleadings here.

Energy Tribes Testify against Federal Oversight in House Resources Committee Hearing

Matthew L.M. Fletcher

Here is the witness list with links to testimony (and a link to the hearing itself):

The Honorable James M. “Mike” Olguin
Tribal Council Member
Southern Ute Indian Tribe
Ignacio, CO
(Disclosure Form)

The Honorable Jack Ferguson
Confederated Tribes of the Colville Reservation
Representative, Intertribal Timber Council
Nespelem, WA
(Disclosure Form)

Mr. Richard Glenn
Executive Vice President, Lands & Natural Resources
Arctic Slope Regional Corporation
Barrow, AK
(Disclosure Form)

Mr. Louis Denetsosie
President & CEO
Navajo Nation Oil and Gas Co.
Window Rock, AZ
(Disclosure Form)

Mr. Eric Henson
Senior Vice President, Compass Lexecon
Research Affiliate, Harvard Project on American Indian Economic Development
Tuscon, AZ
(Disclosure Form)

Indianz.com Coverage of DAPL Arguments in D.C. Circuit

Matthew L.M. Fletcher

Here.

The oral argument audio is here.