MOWA Tribe v. United States

The district court dismissed the appeal of the MOWA band’s denial of federal recognition because the six-year statute of limitations period had passed.

sd-ala-dct-decision

Schaghticoke Tribal Nation v. Kempthorne Cross-Motions for Summary Judgment

The parties in Schaghticoke Tribal Nation v. Kempthorne have filed cross-motions for summary judgment.

STN’s brief was filed in September: Schaghticoke Summary Judgment Brief

The United States brief is here: Federal Summary Judgment Brief

The State of Connecticut’s brief is here: Connecticut Intervenors Brief for Summary Judgment

Schaghticoke Tribal Nation v. Kempthorne Materials

Filed orders and opinions are available here in this ongoing case:

Here are the proposed finding documents dated December 5, 2002.

Here is the notice of proposed finding against the Nation dated December 11, 2002.

Here are the final determination documents dated January 29, 2004.

Here is the notice of final determination dated February 5, 2004 favoring federal recognition of STN.

Here is the appeal to to IBIA, dated May 12, 2005, reversing the decision.

Interlocutory opinions in the ongoing federal case in the US District Court in Connecticut are here:

June 14, 2006 opinion

June 26, 2006 opinion

October 3, 2006 Opinion

March 3, 2007 Opinion

A motion for summary judgment has been filed. Once we get that motion, we will upload it here.

More Federal Recognition Materials: Grand River Bands

The Grand River Bands of Ottawa Indians of Michigan (official website) has been petitioning for federal recognition.

Chairman Ron Yob’s powerful testimony before the Senate Indian Affairs Committee is here (2006) and here (2007).

Senator Carl Levin’s statement about the Bands is here.

More Federal Recognition: The Burt Lake Band Case

The Burt Lake Band of Chippewa and Ottawa Indians is petitioning for federal recognition. The BIA has proposed to deny their recognition. Last year, the BIA finalized that proposal to deny, but these documents are not online yet.

Documents here:

Notice of Proposed Finding Against — dated April 15, 2004

Documents in Support of the Proposed Finding — dated March 25, 2004

A copy of the bill to recognize the Burt Lake Band via Act of Congress is here.

The Burt Lake Band are the descendants of the people subjected to the “Burt Lake Burnout” near the turn of the century. We’re written about this disaster here.

The Schaghticoke Case: Federal Recognition and Politics

The federal recognition process is broke and the case of the petition of the Schaghticoke Tribal Nation in Connecticut is the perfect example.

Here are the proposed finding documents dated December 5, 2002.

Here is the notice of proposed finding against the Nation dated December 11, 2002.

Here are the final determination documents dated January 29, 2004.

Here is the notice of final determination dated February 5, 2004 favoring federal recognition of STN.

Here is the appeal to to IBIA, dated May 12, 2005, reversing the decision.

Here is an editorial in the (normally) hostile Hartford Courant decrying the blatant anti-Indian politics played by powerful figures that have corrupted the recognition process in this matter, and as reported in Indianz.com. From the editorial:

We know about all the press conferences, the showboat congressional hearings and the charges of corruption that dominated the Schaghticoke Tribal Nation’s long, unsuccessful fight for federal recognition.

Now, as the Schaghticokes, whose reservation is in Kent, make a final pitch to revive their case in federal court, it’s clear powerful forces were at work behind the scenes. Led by our congressional delegation, opponents went straight to the top in their effort to undo the tribe’s federal recognition.

Interlocutory opinions in the ongoing federal case in the US District Court in Connecticut are here:

June 14, 2006 opinion

June 26, 2006 opinion

Other opinions will be added as we find them.

My own work on federal recognition can be found here.