Oversight Hearing on The Obama Administration’s Part 83 Revisions and How They May Allow the Interior Department to Create Tribes not Recognize Them. – Wednesday, April 22, 2015 4:00 PM

Update:  The hearing can be viewed at:
http://naturalresources.house.gov/calendar/eventsingle.aspx?EventID=398320

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NOTE:   At their website, under Hearings, select View Live Hearings to view the live streaming hearing.  According to their representative,  CSpan will not be recording, but folks can view the live hearing on their website:
http://naturalresources.house.gov/live/

My 2 cents on the hearing:

This the most interesting Part 83 hearing to date.

The House committee reasserts it’s authority over BIA (with no assurance BIA will comply).  Political and money interests are obvious, as well as a tribe already recognized, who says no change is needed to the severely broken NA tribal recognition system (in place since 1934).  Legitimacy of BIA’s authority is questioned.  Too bad this bad behavior by the ‘invited’ attendees was not covered by CSpan, but unlike the last hearing, at least it was recorded!

Unless the oversight committee can force change, the recognition system will be further broken to include corruption via money and political influences.

I believe folks should write to the committee chairman and members, because only the committee members appeared unbiased in their approach.

Tustinuggee Thlocco
JacksonCountyCreeks.org
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This title seems very neutral, doesn’t it?

Oversight Hearing on “The Obama Administration’s Part 83 Revisions and How They May Allow the Interior Department to Create Tribes, not Recognize Them.”

Wednesday, April 22, 2015 4:00 PM

Subcommittee on Indian, Insular and Alaska Native Affairs
1324 Longworth House Office Building, Washington, D.C. 20515

http://naturalresources.house.gov/calendar/eventsingle.aspx?EventID=398320

Hearing Notice: http://naturalresources.house.gov/uploadedfiles/hearingnoticeiiana4_22.pdf

Subcommittee Members:  http://naturalresources.house.gov/subcommittees/subcommittee/?SubcommitteeID=5066

Many Thanks to:
Patty Ferguson-Bohnee
Faculty Director, Indian Legal Program
Director, Indian Legal Clinic
Clinical Professor of Law
Sandra Day O’Connor College of Law

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Dear Non Federal Recognized Tribes,

We need to respond to this hearing with submitted written hearing. The federal tribes has more funding than we do.  Also, they have lobbyists that will work for them.

I am working on testimony for the Ma Chis Lower Creek Indian Tribe of Alabama, if any one would like  a copy of our testimony to use, please email me.

Please share this email with other non federal recognized tribes.

Thanks,

Chief Nancy Carnley
Ma-Chis Lower Creek Indian Tribe of Alabama
machis@centurytel.net

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My two cents:

1.  The State Dept should recognize Native American Tribes, not the BIA.
Let the State Dept ‘recognize’ tribes, and let the BIA exist only to support the tribes & tribal resources entrusted them.  It’s the fox watching the hen house, while ignoring the poor and struggling non-recognized tribes.  The State Dept should recognize Native American Tribes, not the BIA.

2.  Keep politics and money out of it.  The Recognition Process should not allow petitioners who are against (or for) recognition of a particular tribe, due to money or politics.3.  The Recognition Process should use the Keep It Simple (KIS) principle, be non-ambiguous, clear and concise.  It should also recognize tribes who are already written into the U.S. States Papers, but not yet recognized.

Tustinuggee Thlocco
JacksonCountyCreeks.org

Tribe Asks To Keep Casino Builder In Desecration Suit

Flintco, supposedly native owned by sell out Robin Ballenger..  We told her to not take the contract, but just like the Poarch Band Gravediggers, the greed of money was too great and they desecrated and developed our sacred land and burial ground..   Robin Ballenger sold her company after she built the Poarch Casino on top of hickory ground.

Law360, San Diego (March 26, 2015, 9:48 PM ET) — The Muscogee Creek Nation on Thursday urged an Alabama federal judge not to let a construction company that allegedly desecrated its sacred burial grounds while helping build a casino resort avoid its lawsuit, arguing they haven’t had a chance yet for discovery.

The Muscogee launched the suit in late 2012, accusing the Poarch Band of Creek Indians of obtaining Hickory Ground, an historical ceremonial site, under false pretenses in 1980, saying they would preserve it but eventually using the land to build the $246 million Wind…

United Nations and Indigenous Peoples – Seeking the inputs of Indigenous Peoples

In September 2014 the United Nations organized a High-level session of the General Assembly known as the World Conference on Indigenous Peoples. The World Conference resulted in an action oriented outcome document that contains a number of commitments by Member States. The outcome document also requests that the Secretary-General develop a System Wide Action Plan to ensure a coherent approach to achieve the ends of the Declaration on the Rights of Indigenous Peoples.

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Federal Court Rejects Mackinac Tribe’s Bid for Federal Recognition

From Turtletalk

Here is the order in Mackinac Tribe v. Jewell (D. D.C.):

19 DCT Order

Briefs are here.

The Court found that the Tribe must seek administrative recognition prior to filing this federal court action.

Excerpt from Decision:

Plaintiff Mackinac Tribe aspires to attain the legal status of a recognized Indian
tribe.  Plaintiff maintains that, although it has not sought formal recognition and Case 1:14-cv-00456-KBJ   Document 19   Filed 03/31/15   Page 1 of 29
reorganization through the administrative process that the Department of Interior prescribes, the United States government recognized the Mackinac Tribe in an 1855 treaty, and thus the Mackinac Tribe is entitled to the benefits that recognized Indian tribes enjoy under federal law.  Plaintiff has filed the instant lawsuit against Interior Secretary Sally Jewell, asking this Court for both a declaration that the Mackinac Tribe is a federally recognized Indian tribe for the purpose of the Indian Reorganization Act (“IRA”), 25 U.S.C. § 476, and an order directing the Secretary to aid Plaintiff in organizing a tribal government pursuant to that statute.

Before this Court at present is Defendant’s motion to dismiss Plaintiff’s
compliant on various grounds, including sovereign immunity and the failure to exhaust administrative remedies.  Plaintiff responds that Congress has waived sovereign immunity for actions of this nature, and also that the Mackinac Tribe need not follow the agency’s formal administrative recognition process, which, according to Plaintiff, is not the exclusive path to reorganization under the IRA.  As explained fully below, this Court concludes that Congress has waived the immunity of the United States with respect to Plaintiff’s claims; however, the Court also holds that Plaintiff must exhaust its administrative remedies by undergoing the administrative process for formal recognition before it may file a lawsuit seeking the benefits of the IRA.  And because there is no genuine issue of material fact regarding the Mackinac Tribe’s failure to exhaust its administrative remedies prior to bringing the instant action, the Secretary’s
Motion for Summary Judgment (as the Court has construed her Motion to Dismiss) will be GRANTED.  A separate order consistent with this opinion will follow.