trust relationship

NCAI Analysis on How Sequester will Impact Tribal Nations

Matthew L.M. Fletcher

Here.

From the report:

If Congress does not replace or avert the sequester scheduled for March 1, 2013, forced spending cuts will undermine the trust, treaty, and statutory obligations to tribal governments that are funded in the federal budget. Not only would it sacrifice the federal trust responsibility to tribes, but it would thwart tribes’ ability to promote economic growth or plan for the benefit of future generations. The Office of Management and Budget estimates the effective percentage reduction will be approximately nine percent for non-defense programs because the reduction will be implemented over the remaining seven months of the fiscal year (FY).

Cherokee Nation En Banc Petition in Vann v. Salazar

Matthew L.M. Fletcher

Here:

2013-01-28 Appellee Cherokee Nation Petition for Rehearing (without attachments)

Panel materials here.

The D.C. Circuit has had few, if any, en banc hearings in the last few years because the court is severely understaffed. There have been, however, a rash of dissents from denial of en banc petitions which serve as a sort of marker for later review. Worth it to see if anything happens here.

D.C. Circuit Briefs in RCRA Claims against US in Navajo Uranium Mining Contamination

Matthew L.M. Fletcher3 Comments

Here are the materials in El Paso Natural Gas Co. v. United States:

El Paso Natural Gas Co. Brief

Navajo Nation Brief

Federal Answer Brief

El Paso Natural Gas Co. Reply

Navajo Nation Reply

Materials from an earlier D.C. Circuit appeal (the Mill Tailings Act Appeal) are here.

Federal Court Denies Intervention to Dosar-Barkus Band in Seminole Nation v. Salazar Trust Settlement

Matthew L.M. Fletcher

Here are the materials in Seminole Nation of Oklahoma v. Salazar (E.D. Okla.):

DCT Order Denying Motion to Intervene

Dosar-Barkus Band Motion to Intervene

Interior Opposition

Seminole Nation Opposition

Update on the White House Tribal Nations Conference

Ann Tweedy1 Comment

Here’s a link to watch the Conference live: www.doi.gov/live [or try here] I understand from friends at Swinomish that Swinomish Chairman Brian Cladoosby will be introducing President Obama at 1:30 EST. However, there have been a lot of corrections to the time of the introduction, so no guarantees on the time.

The earlier post on the conference is here: https://turtletalk.wordpress.com/2012/11/15/president-obama-announces-2012-white-house-tribal-nations-conference/

Federal Circuit Reinstates ISDEAA Suit against IHS — UPDATED with Briefs

Matthew L.M. Fletcher

Here is the opinion.

Here is an excerpt:

Arctic Slope Native Association, Ltd., (“ASNA”) ap- peals a decision of the Civilian Board of Contract Appeals (“Board”) dismissing ASNA’s breach-of-contract claim under the Contract Disputes Act (“CDA”) as time-barred. Because the CDA’s six-year statute of limitations should have been equitably tolled, we reverse and remand.

Here are the briefs:

ASNA Opening Brief

Sebelius Brief

ASNA Reply

NCAI Resolution Supporting Repeal or Reform of Section 1500

Matthew L.M. Fletcher1 Comment

Here:

SAC-12-061 final (3)

Tenth Circuit Rejects Muscogee Challenge to HUD’s Demand for Investment Proceeds

Matthew L.M. Fletcher2 Comments

Here is the opinion.

Briefs and link to lower court materials here.

Cheyenne River Sioux Tribe Members Sue over Lake Oahe Dam Taking

Matthew L.M. Fletcher2 Comments

Here is the complaint in LeBeau v. United States (D. S.D.):

LeBeau v US Complaint

Excerpts:

Plaintiffs Casimir L. LeBeau, Clarence Mortenson, Raymond Charles Handboy, Sr., and Freddie Lebeau (collectively “Plaintiffs”), on behalf of themselves and the putative classes set forth below, bring this Complaint against the United States of America (“Defendant”), and bring this claim based upon an unlawful taking without just compensation of thousands of acres of land owned by Plaintiffs and other individuals. Plaintiffs seek declaratory relief ordering Defendant to perform its fiduciary duties as trustee of the individual Plaintiffs’ trust monies pursuant to federal law and common law trust principles, including an accounting of the monies owed to Plaintiffs and the putative classes.

***

1. Nearly seventy years ago, Congress enacted a law authorizing the Army Corps of Engineers to develop a number of water control projects. Among these projects was the Pick Sloan Missouri River Basin Project (the “Pick-Sloan Project”), which involved the construction of six hydroelectric dams in the upper Missouri river basin. One of these dams, the Oahe Dam, impounds Lake Oahe, an artificial reservoir stretching almost the entire distance from Pierre, South Dakota, to Bismarck, North Dakota.
2. In building the Oahe Dam and creating Lake Oahe, the United States flooded a vast area of North and South Dakota, including over 104,420 acres of land, some of which was owned by the Cheyenne River Sioux Tribe (the “Tribe”) and some of which was owned in allotments or in fee by individual members of the Tribe (the “Individual Landowners”). The Individual Landowners were required to evacuate their homes and abandon their land and its valuable resources to make way for an energy project benefiting only those downriver.
3. The Oahe Dam destroyed more Indian land than any other United States public works project. Over 180 families – 30% of the tribal population – were forced to leave their homes and sever the profound cultural connection that they had to the land.

Supreme Court Partially Vacates and Reverses Judgment Favoring Samish Indian Nation

Matthew L.M. Fletcher1 Comment

Here is today’s order list. From the order:

The petition for a writ of certiorari is granted. The judgment with respect to all matters relating to respondent’s Revenue Sharing Act claim is vacated, and the case is remanded to the United States Court of Appeals for the Federal Circuit with instructions to dismiss that claim as moot. See United States v. Munsingwear, Inc., 340 U.S. 36 (1950).

Lower court materials here.