IBIA Orders Nooksack to Show Cause in Second IHS Reassumption Appeal

Here are the materials in Nooksack Indian Tribe v. Director, Portland Area, Indian Health Service:

6-26-17 Nooksack v. IHS (IBIA) Notice of Appeal

7-5-17 Nooksack v. IHS (IBIA) Notice of Receipt of Appeal, Order to Show Cause, and Order Concerning Service

6-26-17 Nooksack v. IHS (IBIA) Declaration of Charity Bernard

6-26-17 Nooksack v. IHS (IBIA) Declaration of Joseph Mace

IBIA Stays Nooksack IHS Appeal Pending Federal Court Litigation; IHS Withholds $89K From Tribe Pending Appeal

Here are the materials in Nooksack Indian Tribe v. Director, Portland Area, Indian Health Service (IBIA):

3-28-17 Nooksack v. IHS (IBIA) Motion of 271 Nooksack Members to Intervene

4-3-17 Nooksack v. IHS (IBIA) IHS Statement of Non-Opposition to Motion of 271 Nooksack Members to Intervene

4-19-17 Nooksack v. IHS (IBIA) Nooksack’s Response in Opposition to Motion to Intervene

4-28-17 Nooksack v. IHS (IBIA) Joint Stay of Proceedings

4-28-17 Nooksack v. IHS (IBIA) Order

Nooksack Tribe Files IBIA Appeal

Here are the materials in Nooksack Tribe v. Director, Portland Area Office, Indian Health Service:

2-21-17 Nooksack Tribe IBIA Notice of Appeal

3-2-17 IBIA Order Referring Appeal to the Departmental Cases Hearing Division for Assignment to an Adminitrative Law Judge

1-19-17 Notice of Intent to Rescind from DHHS to Robert Kelly

1-19-17 Letter from DHHS to Robert Kelly

Cayuga Nation IBIA Appeal



Press release:

Cayuga Nation Traditional Government Appeals BIA Decision

Agency Violates Own Rules to Interfere in Cayuga Affairs

January 16, 2017 – Seneca Falls, NY—The Cayuga Nation’s traditional government – the Council of Chiefs and Clan Mothers – on Friday appealed the December 15, 2016 Bureau of Indian Affairs (BIA) decision declaring a group organized by Clint Halftown to be the government of the Cayuga Nation. The decision by BIA Eastern Regional Director Bruce Maytubby would strip the Clan Mothers of their longstanding role in the Nation’s government, a role Clint Halftown has previously supported. It would put in place a mail-in survey process to substitute for the traditional processes by which Haudenosaunee Nations like the Cayuga Nation have always chosen their leaders.

“Far from being a neutral decision-maker, Maytubby prejudged the viability of the campaign of support process and secretly colluded with the Halftown faction while excluding Nation leaders then-recognized by the United States,” the appeal says. “Mr. Maytubby reversed existing federal policy on supporting mail-in surveys as a means of Cayuga governance without providing any evidence whatsoever – much less substantial evidence – to justify such a reversal.”

The appeal highlights secret communications and meetings between Mr. Maytubby and the Halftown group and points out Mr. Maytubby’s own admission that the mail-in survey process would violate federal law on tribal elections.

“This arbitrary and capricious decision and the backroom dealings that preceded it sets dangerous precedent for federal interference in the affairs of sovereign Indigenous Nations,” explained attorney Joseph Heath, who represents the Nation’s traditional leaders, many of whom have been recognized by the BIA and acknowledged as leaders by the Halftown group for more than a decade. “This violates not only Haudenosaunee law but also federal law protecting Indian nations’ right to self-governance, and their right to self-determination under Article 3 of the United Nations’ Declaration on the Rights of Indigenous Peoples.”

Sachem Samuel George of the Cayuga Nation noted, “Centuries of bad policies by the United States and its Bureau of Indian Affairs have resulted in the challenges our people face today. We have survived genocide, being forced from our lands, having our children taken from us. In recent decades, the United States’ policies have improved in their acknowledgement of the sovereignty of Indigenous Nations, giving us the freedom to create a better future for our people. Maytubby’s decision, on the other hand, is a return to the dark ages of Indian Affairs.”


Vulture Fund Files to Hold U.S. Liable for Lower Brule Sioux’s Debt

Here are materials in Great American Life Ins. Co. v. U.S. DOI, 16-cv-00699 ( S.D. Ohio):

Doc. 1 – Complaint for Declaratory, Injunctive, and Other Relief

Interior Board of Indian Appeals Order Affirming Decision

Updated Materials:

10 US Motion to Dismiss

Federal Court Rejects Nonmember Challenge to Tribal Member Probated Estate

Here are the materials in Estate of Raymond P. Sauser v. United States (D. S.D.):

18 Motion for Judgment on the Pleadings

19 US Response

20 Reply

22 DCT Order

An excerpt:

Because James Raymond Sauser’s Renunciation of interest in the Trust Land was untimely filed, the IBIA was correct to not consider it when rendering its decision. In order to be valid, the Renunciation needed to be filed with the ALJ prior to the issuance of his final order. In addition, the ALJ and IBIA reasonably interpreted the Decedent’s will and gave effect to its provisions. This Court finds that neither the ALJ nor the IBIA acted arbitrarily and capriciously as defined in the Administrative Procedure Act.

IBIA Opinion Rejecting Grand Traverse County’s Challenge to GTB Trust Land Acquisition

Here is the opinion in Grand Traverse County Board of Commissioners v. Acting Midwest Regional Director, Bureau of Indian Affairs (61ibia273).

Second Circuit Briefs in Cayuga Nation v. Tanner


Appellant Brief

Appellee Brief

Lower court materials here and here.