Category Archives: federal recognition

Burt Lake Ottawa & Chippewa Indians Sue Interior over Federal Recognition

Here are the materials so far in Burt Lake Band of Ottawa & Chippewa Indians v. Jewell (D.D.C.): 1 Complaint 1-1 Exhibits

Posted in Author: Matthew L.M. Fletcher, federal recognition, Michigan Indian, Research | Tagged , , | Leave a comment

Interior Solicitor Opinion on Lumbee Federal Recognition Process

Here is opinion M-37040. In short, 1989 opinion overruled. 

Posted in Author: Matthew L.M. Fletcher, federal recognition, Legislation, Research | Tagged , | Leave a comment

Federal Claims Court Dismisses Action by “Chakchiuma Nation”

Here are the materials in Chakchiuma Nation v. United States (Fed. Cl.): 6-motion-to-dismiss 7-response 8-reply 10-order

Posted in Author: Matthew L.M. Fletcher, federal recognition, Research | Tagged , , | Leave a comment

Court Permanently Enjoins County from Taxing Poarch Band’s Trust Lands

Download(PDF): Doc. 90 Order for Permanent Injunction and Declaratory Judgment Link: Counterclaims against US and Poarch Band Dismissed in Tax Dispute

Posted in Author: Sarah Donnelly, federal recognition, fee to trust, Research, taxation | Tagged , , , | Leave a comment

Mackinac Tribe v. Jewell Cert Petition

Here: Cert Petition Questions presented: 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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, federal recognition, Michigan Indian | Tagged , , , | Leave a comment

Kirsten Carlson on Lobbying Congress for Federal Recognition of Indian Tribes

Kirsten Matoy Carlson has posted “Why Lobby Congress? Constitutive and Instrumental Influences on Indian Groups’ Strategies for Federal Recognition, 1977-2012” on SSRN. This paper is highly recommended. Here is the abstract: When and why do marginalized groups chose a particular … Continue reading

Posted in Author: Matthew L.M. Fletcher, federal recognition, Michigan Indian, Scholarship | Tagged , , | Leave a comment

Counterclaims against US and Poarch Band Dismissed in Tax Dispute

This is a continuation of Poarch Band of Creek Indians v. Hildreth, recently decided by the Eleventh Circuit. Here are the materials in Poarch Band of Creek Indians v. Moore (S.D. Ala.): 77-magistrate-rr 79-poarch-band-objections 80-dct-order An excerpt: After due and … Continue reading

Posted in Author: Matthew L.M. Fletcher, federal recognition, fee to trust, Research, taxation | Tagged , , , | 1 Comment

Frank’s Landing Class II Gaming Suit Dismissed as to the NIGC; Other Defendants Remain

Here are the materials in Franks Landing Indian Community v. National Indian Gaming Commission (W.D. Wash.): 19 Motion to Dismiss 24 Response 27 Reply 29 DCT Order

Posted in Author: Matthew L.M. Fletcher, federal recognition, IGRA, Research | Tagged , , , , | Leave a comment

D.C. Circuit Forces Mackinac Tribe to Exhaust Remedies in Its Quest for Federal Recognition

Here is the per curiam opinion in Mackinac Tribe v. Jewell. Judge Brown filed a concurrence criticizing Interior for its delays. Briefs here.

Posted in Author: Matthew L.M. Fletcher, federal recognition, Michigan Indian, Research | Tagged , , | 1 Comment

Eleventh Circuit Affirms Injunction Favoring Poarch Band against Escambia County Assessor

Here is the opinion in Poarch Band of Creek Indians v. Hildreth. An excerpt: The Poarch Band of Creek Indians (“Poarch Band”) sued James Hildreth, Tax Assessor of Escambia County, Alabama, for declaratory and injunctive relief to prevent the assessment … Continue reading

Posted in Author: Matthew L.M. Fletcher, federal recognition, fee to trust, Research, taxation | Tagged , , | 1 Comment