California Miwok Faction Dues Interior over Leadership Dispute

Here is the complaint captioned California Valley Miwok Tribe v. Jewell (E.D. Cal.):

4 Amended Complaint

Nez Perce Files Suit Over Final Decision in Clear Creek Project

Download complaint here.

Link to news coverage here.

Cert Petition in Trust Accounting Claim for Sand Creek Descendants

Download petition for a Writ of Certiorari here.

Questions presented:

Whether a treaty promise to pay reparations to a group of Native Americans in the form and amount that is “best adapted to the respected wants and conditions of” said group of Native Americans, and subsequent appropriation of funds by Congress to pay such reparations, create a fiduciary relationship between the United States and said group of Native Americans.

Whether the Administrative Procedures Act waives the United States’ immunity from suit for accounting claims regarding trust mismanagement that begun before the enactment of the Act.

Whether a set of Appropriations Acts by Congress that defer the accrual of trust mismanagement claims against the United States operates as a waiver of the United States’ immunity from suit.

Previous posts in re Flute v. U.S. here.

Two Shields En Banc Petition

Here is the en banc petition in Two Shields v. United States (Fed. Cir.):

2016-06-13 Two Shields (Appeal) dkt 46 Combined Pet for Panel Rehearing and Rehearing en Banc of Appellants Ramona Two Shields and Mary Louise Defen

Panel materials here.

SCOTUS Denies Cert in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. Interior

Here is today’s order list.

Cert stage briefs here.

Lower court materials here.

Complaint in Mission Creek Band of Mission of Indians v. Jewell

Here, filed in the Central District of California:

Complaint

Northern Arapaho Tribes Sues Interior to Compel 638 Tribal Court Contract

Here is the complaint in Northern Arapaho Tribe v. United States Department of the Interior (D. Mont.):

Complaint

An excerpt:

This is an action for declaratory and injunctive relief and money damages brought against the United States Department of the Interior (“Department”); its Secretary; and Regional Director for the Bureau of Indian Affairs (“BIA”) for violations of the Indian Self-Determination and Education Assistance Act (“ISDEAA”) and regulations promulgated thereunder. The Northern Arapaho Tribe (“NAT” or “Tribe”) submitted to the BIA a contract proposal for judicial services and requested technical assistance, consultation and a waiver of any regulations that the BIA thought could prevent or impede approval. The BIA failed or refused to provide technical assistance, consultation, or the requested waiver and declined the proposal. These failures and the declination violate the ISDEAA and applicable regulations. The Tribe is entitled to declaratory and injunctive relief and damages, plus interest, pursuant to the ISDEAA.

Interior Publishes 2016 List of Federally Recognized Tribes

Here:

2016 Indian Entities Eligible

ROW Claim Against City in Santa Clara Pueblo Negotiation Dispute

Download complaint in United States v. City of Española, 16-cv-00391 (D. N.M.) here.

The DOJ is using its authority as trustee under the Indian Right-of-Way Act to sue the City of Española over expired easements for water and sewer systems.  Much of the City is on the Pueblo and both the City and the Pueblo rely on the infrastructure the City provides, but the grants expired in 1994 and 2002.  The federal government claims the City is trespassing and seeks monetary damages and ejection if the City cannot negotiate settlement.

Federal Court Affirms Cancellation of Tribal Members Group’s Federal Grazing Permits

Here are the materials in South Fork Livestock Partnership v. United States (D. Nev.):

35 US Motion to Dismiss

41 Tybo Motion to Dismiss

42 Response to 35

43 Response to 41

44 US Reply

47 Tybo Reply

57 Mose-Temoke Motion to Dismiss

60 Response to 57

66 Mose-Temoke Reply

67 DCT Order