From the Leelanau Enterprise (H/T Indianz):
The Bureau of Indian Affairs (BIA) has finally processed the paperwork required to place 14 parcels totaling 132 acres of land “in trust” for the Grand Traverse Band of Ottawa and Chippewa Indians.
From the The Glacier Reporter:
By John McGill
Wednesday, November 28, 2007 10:26 AM MST
The fact that Bureau of Indian Affairs police officers serving in Blackfeet Country cannot be compelled to appear in Blackfeet Tribal Court by tribal judges, according to a recent U.S. Solicitor General’s opinion, was one of the more interesting tidbits garnered at Monday’s law and order meeting held at Tribal Headquarters. Steve Juneau of Lamar Associates emceed the meeting, which outlined plans adopted by the Blackfeet Tribe for reassuming control of law enforcement and creating a Department of Public Safety that would “provide leadership separate from political changes in tribal government,” Juneau said.
I’ve always taught my federal Indian law students that many — if not most — of the tribal constitutions adopted in the years immediately following the Indian Reorganization Act were imposed on the tribes by the Bureau of Indian Affairs. These were the model IRA constitutions. If you look at the constitutions adopted around that time, you see a lot of similar features: lack of separation of powers, no tribal courts, Secretarial approvals for everything up to and including breathing. But as Blake said, he who generalizes is a fool.
Recent works of scholarship challenge that notion that the Bureau imposed model constitutions. First, Elmer Rusco’s chapter in American Indian Constitutional Reform and the Rebuilding of Native Nations. And now David Wilkins’s introduction to the new book, Felix S. Cohen’s On the Drafting of Tribal Constitutions. Elmer Rusco’s 2000 book on the IRA, A Fateful Time, argues that the BIA considered thrusting model constitutions at tribes, but rejected the plan in favor of an outline. Wilkins notes that it appears some tribes did receive a model constitution from the BIA (the one reproduced as Appendix A in the Cohen book), and others received a model corporate charter or the outline.
It would be worthwhile to do a survey of the 181 tribes that voted to accept the IRA. What do their constitutions say?
Here’s the full text of the bill.
And here’s the link to the testimony in the House Resources Committee on October 3, 2007.
Jim Keedy of Michigan Indian Legal Services testified. As Jim notes in his testimony, MILS has assisted numerous Michigan tribes in their federal recognition efforts, including Pokagon Band, Little Traverse, Little River, Lac Vieux Desert — and Grand Traverse Band, the first tribe recognized under the Federal Acknowledgment Process, 25 C.F.R. Part 83 (then Part 54). MILS is now representing the Grand River Band of Ottawa Indians in their attempt to become federally recognized. Their petition is complete, but as Jim Keedy testified, it will be 15-20 years before the Bureau of Acknowledgment and Research will place their file on active review.
Turtle Talk 