Whether the Court of Appeals deviated from this Court’s decision in Carcieri v Salazar, 555 U.S. 379 (2009) which held that the Secretary of Interior’s Federal Acknowledgment Process (FAP) established in 25 C.F.R. Part 83 is not determinative as to whether Indian Tribe is “recognized” for the purposes of the Indian Reorganization Act (25 U.S.C. § 479)?
Whether the Secretary of Interior can avoid performing her mandatory non-discretionary duty under the Indian Reorganization Act (25 U.S.C. § 476) to call elections to ratify tribal constitutional documents within a reasonable time by requiring a tribe to exhaust administrative remedies estimated to require 30 years to complete?
Lower court materials here.