Ninth Circuit Refuses to Enforce Land Partition Agreement between BIA and Estate of Crow Citizen

Here is the opinion in Halverson v. Burgum.

Briefs:

Opening Brief

Answer Brief

Reply

Eighth Circuit Briefs in WPX Energy Williston LLC v. Jones

Here:

Lower court materials here.

North Dakota Federal Court Rejects Tribal Court Jurisdiction over Enforcement of ROW Agreement on Allotment, Holding US Has Exclusive Authority

Here are the materials in WPX Energy Williston LLC v. Fettig (D.N.D.):

1 Complaint

1-8 MHA Nation Supreme Court Decision

8 Fettig Answer + Counterclaim

13 Motion to Dismiss Counterclaim

16 Response to 13

18 Motion for PI

22 Reply ISO 13

23 Tribal Response to 18

26 Reply ISO 18

30 DCT Order

Prior post here.

Yep, this is that cigarette case again.

Federal Court Dismisses Most Claims re: Alaska Native Allotment

Here are the materials so far in Shade v. Dept. of the Interior (D. Alaska):

14 Amended Complaint

15 US Motion to Dismiss

22 Chaney Motion to Dismiss

26 Shade Response

33 DCT Order

News Profile on Grand Traverse Band’s Stolen Land

From the Traverse City Record-Eagle, here is “STOLEN: Grand Traverse Band seeks its day in court for theft of reservation lands.

Confederated Salish & Kootenai Tribes Prevail in Trespass Action re: Big Arm Town Site

Here are the updated materials in Confederated Salish and Kootenai Tribes v. Lake County Board of Commissioners (D. Mont.):

88 County MSJ

89 Lundeen Response to CSKT MSJ

93 Tribe Reply in Support of MSJ

96 CSKT Response to Defs’ MSJs

100 County Reply in Support of MSJ

108 DCT Order

Prior post here.

Navajo Nation Sues and Seeks TRO Against State Court Jurisdiction Over Easement on Allotted Land

Here are the materials in the matter of Navajo Nation et al v. Rael et al, 16-cv-00888 (D. N.M. 2016):

Doc. 1 – Complaint for Injunctive and Declaratory Relief

Doc. 2 – Motion for Expedited Temporary Restraining Order

Federal Court Holds US May Sell Unallotted Timber Resources over Opposition from Chickasaw and Choctaw Nations

Here are the materials in Chickasaw Nation v. Dept. of Interior (W.D. Okla.):

254 Tribes Motion for Summary J

260-1 US Cross-Motion

266 Tribes Reply

269 US Reply

270 DCT Order

Here is the relevant statute authorizing (or mandating) the sale of the resource, as reproduced in the court’s order. Judge for yourself:

That when allotments as provided by this and other Acts of Congress have been made to all members and freedmen of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes, the residue of lands in each of said nations not reserved or otherwise disposed of shall be sold by the Secretary … under rules and regulations to be prescribed by him and the proceeds of such sales deposited in the United States Treasury to the credit of the respective tribes. . . . The Secretary … is hereby authorized to sell, whenever in his judgment it may be desirable, any of the unallotted land in the Choctaw and Chickasaw Nations, which is not principally valuable for mining, agricultural, or timber purposes, in tracts of not exceeding six hundred and forty acres to any one person, for a fair and reasonable price, not less than the present appraised value. . . . Provided further, That agricultural lands shall be sold in tracts of not exceeding one hundred and sixty acres to any one person.

Brief Guest Post from Craig Dorsay on the Proposed Casino in Bremerton, WA

[In re the article posted here.] I am tribal attorney for Samish, which is mentioned prominently in the article.  The family, which is Samish, has approached the Samish Tribal Council a number of times, asking the Samish Tribe to undertake the project.  Recently the family approached the Samish Tribal Council again, now under the auspices of a California casino developer, raising the proposal again. The Samish Tribe has repeatedly declined the family’s request to pursue this project in Bremerton. Bremerton is not within or near the traditional territory of the Samish Tribe, and the land in question has never been under the governmental jurisdiction of the Samish Tribe. The nearest tribe is the Suquamish Tribe, which likely has the strongest claim to this area.  The Samish Tribe has informed the Suquamish Tribe that it is not part of this project and has no interest in being associated with it in any shape or form.

This is a difficult issue for Samish because as a tribe re-recognized under the Federal Acknowledgment Regulations, Samish has encountered great difficulty in opening its own gaming operation in its territory. Samish was opposed in re-recognition by neighboring tribes – Swinomish, Lummi, Upper Skagit and Tulalip, and those tribes continue to oppose any proposed land into trust and gaming operation by Samish.  The neighboring tribe, Swinomish, through their Chairman, Brian Cladoosby, has raised the Carcieri decision against Samish, including for gaming. While an alternative opportunity to pursue gaming farther away might be appealing, the Samish Tribe has always done the right thing and declined any offer to intrude on the territory or interests of another tribe. Craig Dorsay

Tribal family’s quest to build casino in Bremerton faces hurdles, foes | Local News | The Seattle Times

Here’s an interesting article about a family’s attempt to develop a casino on an allotment they own off-reservation in Bremerton, Washington. The allotment was originally issued to a Quinault tribal member but her descendants, who currently own it, are Samish.

Here