trust relationship – Page 38

In the absence of an enforceable trust, 25 U.S.C. §§ 162a(d) and 4044 do not impose a legally required duty necessary to establish a waiver of sovereign immunity under the APA. See Norton, 542 U.S. at 63–64. Furthermore, plaintiffs’ claims do not concern “losses to or mismanagement of trust funds” and thus do not fall within the 2009 DOI Appropriations Act. See Pub.L. No. 111–88, 123 Stat. at 2922. Finding that the United States has not waived sovereign immunity for this suit, the Court concludes that it lacks jurisdiction over plaintiffs’ claims and must dismiss them without prejudice. See Brereton v. Bountiful City Corp., 434 F.3d 1213, 1216 (10th Cir.2006) ( “[W]here the district court dismisses an action for lack of jurisdiction … the dismissal must be without prejudice.”).

Briefs here. Other materials here.

IHS Director Hosts All Tribes Call TODAY

September 4, 2014September 16, 2014Matthew L.M. Fletcher

IHS Director Hosts All Tribes Call TODAY

Dr. Yvette Roubideaux, Acting Director for the Indian Health Service (IHS), will host a call to provide updates about Contract Support Costs today, Thursday, September 4, from 3:00PM – 4:00PM (EST). Please see the call in information below:

Date: September 4, 2014
Time: 3:00 p.m. – 4:00 p.m. (EST)
Phone: 1-877-709-5343
Passcode: 6248121

IHS sent a letter to Tribal leaders on Tuesday, September 2, 2014, providing a written update for Fiscal Year 2014 Contract Support Costs. You can review it here. [Update: IHS to Moran 08-29-2014 IHS Contract Support FY14 Reprogramming Package]

Note: This call is off the record and not for press purposes. Please dial in 5-10 minutes early to help avoid any delays in joining the call.

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D.C. Circuit Rules against Menominee Tribe in Equitable Tolling Appeal

September 2, 2014September 2, 2014Matthew L.M. Fletcher2 Comments

Here is the opinion in Menominee Tribe v. United States.

An excerpt:

Delays caused by a party’s inauspicious legal judgments are not “extraordinary circumstance[s]” sufficient to justify equitable tolling. Faced with a variety of reasonable litigation options, the Menominee Tribe chose to wait and see if more favorable law would appear. In so doing, the Tribe allowed its claims to expire. Because we find that no obstacle stood in the Menominee Tribe’s way of bringing the claims within the limitations period, the judgment of the district court is affirmed.

Briefs and lower court materials here.

D.C. Circuit Rules against Menominee Tribe in Equitable Tolling Appeal

September 2, 2014September 2, 2014Matthew L.M. Fletcher

Here is the opinion in Menominee Tribe v. United States.

An excerpt:

Delays caused by a party’s inauspicious legal judgments are not “extraordinary circumstance[s]” sufficient to justify equitable tolling. Faced with a variety of reasonable litigation options, the Menominee Tribe chose to wait and see if more favorable law would appear. In so doing, the Tribe allowed its claims to expire. Because we find that no obstacle stood in the Menominee Tribe’s way of bringing the claims within the limitations period, the judgment of the district court is affirmed.

Briefs and lower court materials here.

Seattle Law School Symposium: “The Future of Trust Administration” — October 3, 2014

August 21, 2014Matthew L.M. Fletcher1 Comment

Here is the conference website.

Agenda here. Blurb:

We are witnessing a convergence of several factors that could substantially alter the course of future trust administration. Tribal leaders and resource managers are gaining recognition, respect, access to capital, and political clout. The Secretarial Commission on Trust Administration and Reform issued its report and recommendations in December, 2013. The fiscal challenges confronting the federal government have already dramatically altered workforces and budgets for domestic discretionary programs, which includes the programs charged with carrying out the trust responsibility. External forces beyond the boundaries of Indian Country continue to adversely affect the environment and threaten the ability of tribes to access and utilize resources that are vital to sustaining their cultures and economies. The opportunity to significantly improve the benefits that tribal communities can gain from sound management of their natural resource heritage is fleeting. The time is ripe for creative, thoughtful exploration of alternative futures for trust administration and resource stewardship.

The Symposium will facilitate multi-party dialogue regarding alternative futures for trust administration with the goal of developing actionable recommendations as well as providing the basis for new scholarship to support the recommendations.

Lots of Indian law rockstars here!