Bureau of Indian Affairs

MSNBC Coverage of Cherokee Freedmen Controversy

Matthew L.M. Fletcher

Here.

An excerpt:

“The Cherokee Nation will not be governed by the BIA,” Joe Crittenden, the tribe’s acting principal chief, said in a statement responding to the U.S. Bureau of Indian Affairs.

Crittenden, who leads the tribe until a new principal chief is elected, went on to complain about unnamed congressmen meddling in the tribe’s self-governance.

The reaction follows a letter the tribe received on Monday from BIA Assistant Secretary Larry Echo Hawk, who warned that the results of the September 24 Cherokee election for principal chief will not be recognized by the U.S. government if the ousted members, known to some as “Cherokee Freedmen,” are not allowed to vote.

Howard v. Pala Band Executive Committee — Materials in Appeal to Disenrollments before BIA

Matthew L.M. Fletcher2 Comments

Here:

GinaHoward_RD Appeal Pala Disenrollment 6.27.11 (final)

List of Exhibits 6.28.11

BIA Tribal Court Trial Advocacy Training

Matthew L.M. Fletcher

Flyer and details here:

TribalCourtTrialAdvocacyTrainingProgram2011

Oglala Sioux Leaders Consider Putting Public Safety Department under BIA Control

Adrea Korthase

From The Rapid City Journal:

Acknowledging widespread dissatisfaction with public-safety management on the  Pine Ridge Indian Reservation, the Oglala Sioux Tribe Judiciary Committee and  other tribal leaders met Thursday with Bureau of Indian Affairs personnel to  discuss changes that could put the OST Department of Public Safety under BIA  control once again. Continue reading →

BIA Expresses Concern About Sauk-Suiattle Firings

Ann Tweedy

The news article is here.

Cheyenne-Arapaho Members Protest Southern Plains Regional BIA Office

Adrea Korthase

The first part of the article from The Republic:

ANADARKO, Okla. — Supporters of a woman who says she is the rightful governor of the Cheyenne and Arapaho Tribes protested Tuesday outside a regional Bureau of Indian Affairs office in Anadarko, urging the agency to quickly resolve a tribal dispute in her favor.

But a BIA deputy regional director told The Associated Press it’s unlikely the power struggle between former political allies Janice Boswell and Leslie Harjo will be settled soon because the matter is tied up in an appeals process. Boswell has remained in office as governor, even while Harjo maintains that’s now her job and seeks recognition by the BIA.

“We hope that maybe some change or understanding will come about to resolve the dispute within the tribe,” said Terry Bruner, the deputy regional director for Indian services for the BIA’s Southern Plains Region.

The March 28th Interior Board of Indian Appeals Order Vacating Decision and Remanding (referenced in the article) can be found here.

Update in Muscogee Nation Upheaval

Matthew L.M. Fletcher1 Comment

Here is a press release issued today by the Muscogee National Council titled, “Bureau of Indian Affairs Fails to Investigate Allegations of Tribal and Federal Funds.”

MCN NationalCouncil Press Release 3_2_11

News Article about the Failure of the Whiteriver Serial Rapist Investigation

Matthew L.M. Fletcher

Here is the article. Shocking story.

FTCA Judgment Favoring Former BIA Criminal Investigator

Matthew L.M. Fletcher1 Comment

Here is the opinion: Garvais v US

An excerpt:

The ultimate Finding of Fact in this matter is that the BIA maliciously caused the institution and continuation of unfounded criminal proceedings against Duane Garvais in Spokane Tribal Court in retaliation for the proper performance of his duties in investigating thefts by BIA patrol officers with close connections to the Tribe. As stated, those charges were ultimately dismissed pursuant to the finding of this court that the Spokane Tribal Court did not have jurisdiction over Mr. Garvais.

The court finds that Mr. Garvais and his family suffered substantial emotional distress and turmoil as the result of the wrongful action of the BIA at the behest of and in association with the Spokane Tribal Council and its agents and employees. This emotional distress continued over a period of years, including Mr. Garvais having to seek habeas corpus relief in this court. The court finds that just compensation to Mr. Garvais is in the amount of $ 400,000 plus the sum of $ 13,102.66 billed by Mr. Weatherhead’s law firm Witherspoon, Davenport, & Toole.

BIA Proposes to Extend Federal Recognition to the Shinnecock Indian Nation

Matthew L.M. Fletcher

From the Nation’s counsel:

The Department of Interior today issued a positive Proposed Finding to extend federal acknowledgment to the Shinnecock Indian Nation.  Under the federal consent decree governing the processing of the Nation’s petition, DOI must issue a final determination at some point between May 19 and November 13, 2010.  (Given the consent decree terms, the date will likely be in the middle of this range.)
Congratulations should be extended to the Shinnecock Nation’s members and leaders, and the Nation’s team, all of whom have worked long and hard to get the federal bureaucracy to acknowledge what the Nation has always known (and what a federal court determined in 2005).
Of note, upon federal acknowledgment becoming effective, the Nation will be eligible to game under IGRA.  The Nation’s Southampton, NY reservation, over which the State has continuously disclaimed jurisdiction, immediately will meet IGRA’s definition of Indian lands eligible for gaming.
DOI’s press release and the Proposed Finding should be available on the BIA’s website.