federal recognition – Page 10

Final Determination Against Acknowledgment of Tolowa Nation

January 24, 2014January 24, 2014Kate Fort

WASHINGTON, DC – Assistant Secretary – Indian Affairs Kevin Washburn today issued a final determination not to acknowledge the petitioner known as the Tolowa Nation (Petitioner #85) located in Fort Dick, California, as an Indian tribe under the regulations governing the Federal acknowledgment process (at 25 Code of Federal Regulations Part 83).

The evidence provided is insufficient to demonstrate that the Tolowa Nation meets criterion 83.7(b), one of the seven mandatory criteria of the regulations. Under the regulations, the failure to meet all seven criteria requires a determination that the petitioning group is not an Indian tribe within the meaning of Federal law. Therefore, Department of the Interior (Department) declines to acknowledge Petitioner #85 as an Indian tribe.

Interior Proposed Findings for Two Federal Acknowledgment Petitioners

January 17, 2014May 16, 2014Kate Fort1 Comment

In today’s Friday afternoon release from Interior:

WASHINGTON, DC – Assistant Secretary – Indian Affairs Kevin K. Washburn today issued proposed findings for two petitioners under the Federal Acknowledgment Process. The decisions include a proposed finding to acknowledge the petitioner known as the Pamunkey Indian Tribe (Petitioner #323) as a federally recognized Indian Tribe, and a proposed finding to decline acknowledgment for the petitioner known as the Meherrin Indian Tribe of North Carolina (Petitioner #119b).

Release here.

The proposed findings and Fed Register notices are not yet up here, though the release indicates they will be soon.

Meherrin Indian Tribe Interior page is here.

Interior Proposes to Recognized Pamunkey Indian Tribe

January 17, 2014Matthew L.M. Fletcher1 Comment

Here is a press release from the tribe:

1 l7 2014 Press Release (FINAL)

ASU Law Conference on the Federal Recognition Process — Jan. 16-17, 2014

January 13, 2014Matthew L.M. Fletcher

Frank Ettawageshik, our mentor and former LTBB tribal chair, helped to organize this one: “Who Decides You’re Real? Fixing the Federal Recognition Process.”

Agenda is here.

Lorinda Riley on the Federal Recognition Process

December 16, 2013December 15, 2013Matthew L.M. Fletcher

Lorinda Riley has published “Shifting Foundation: The Problem with Inconsistent Implementation of Federal Recognition Regulations” (PDF) in the NYU Review of Law & Social Change.

Here is the abstract:

The establishment of federal recognition is the cornerstone of federal Indian law. All rights, including criminal jurisdiction, tax status, gaming rights, and hunting and fishing rights, stem from this initial acknowledgment. Yet prior law review articles have focused only on the overarching process of federal recognition without closely examining the actual administrative findings of the Department of the Interior.

This article will provide an in-depth examination of the regulations governing whether an Indian entity is entitled to the benefits of a government-to-government relationship with the United States. Specifically, this article examines the regulatory process for filing a federal recognition petition and critiques four of the criteria that petitioning Indian entities consistently fail to meet. By reviewing Department of the Interior decisions, this article demonstrates the inconsistencies in regulatory interpretations and guidance documents as well as the inherent biases in the current regulatory framework.
Finally, the article discusses potential solutions to these problems and identifies the first step necessary in order to fully understand the depth of this regulatory issue.

Tenth Circuit Rejects Uinta Allottees Petition for Section 17 Corporate Charter

September 19, 2013Matthew L.M. Fletcher

Here are the materials in Gardner v. Jewell:

Gardner Opening Brief

Interior Answer Brief

Gardner Reply

CA10 Unpublished Opinion

“US overhauling process for recognizing Indian tribes”

August 26, 2013August 26, 2013maanee763

Here:

http://news.msn.com/world/us-overhauling-process-for-recognizing-indian-tribes

Public Commentary Deadline Extended for Federal Acknowledgment Regulations

August 13, 2013Kate Fort

Here.

Assistant Secretary – Indian Affairs Kevin K. Washburn announced that the Department is extending the opportunity for public comment on a Preliminary Discussion Draft of potential changes to the Federal Acknowledgment Process by more than 30 days to September 25, 2013. This extended period is in response to written requests as well as requests received at the tribal consultation sessions and public meetings held in July and August.
The discussion draft, initially issued on June 21, 2013, is a preliminary precursor to the rulemaking process and is intended to provide tribes and the public an early opportunity to provide input on potential improvements to the Part 83 process. Once the Department begins the rulemaking process, tribes and the public will have additional opportunities to provide comment. The discussion draft is available for review at http://www.bia.gov/WhoWeAre/AS- IA/ORM/83revise/index.htm.
Comments on the discussion draft may be submitted by email to consultation@bia.gov (include “1076-AF18” in the message subject line) or by mail to: Elizabeth Appel, Office of Regulatory Affairs and Collaborative Action, U.S. Department of the Interior, 1849 C Street, N.W., MS- 4141-MIB, Washington, D.C. 20240 (include “1076-AF18” on the cover of the submission).