Category Archives: federal recognition

Federal Court Dismisses Claims by “Historic Ione Band of Miwok Indians Tribe”

Here are the materials in Villa v. Jewell (E.D. Cal.): 16-1 Motion to Dismiss 20 Opposition 23 Reply 26 DCT Order

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

Federal Court Holds Special Congressional Recognition of Frank’s Landing Is Not Federal Recognition

Here are the materials in Frank’s Landing Indian Community v. National Indian Gaming Commission (W.D. Wash.): 33 Frank’s Landing Motion for Summary J 38 US Cross Motion for Summary J 39 Frank’s Lansing Reply 40 US Reply 41 DCT Order

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

Federal Magistrate Finds Tribes May Not Be Represented by Non-Licensed, Pro Se Individuals

Here are the materials so far in Robinson v. Jewell (E.D. Cal.): Complaint Magistrate Order

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

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