indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Judge orders BIA to reconsider Duwamish Tribe recognition

Filed Under: Law | Recognition
More on: ada deer, bia, duwamish, michael anderson, neal mccaleb, washington
     

For the first time, the Bureau of Indian Affairs has been ordered to explain why it denied federal recognition to a tribal petitioner.

The BIA has been successful in beating back lawsuits from groups that were refused recognition. But a federal judge said the agency didn't do a proper job of explaining why the Duwamish Tribe of Washington, whose leaders filed a petition in 1977, didn't make the cut.

"As previously discussed, the [Interior] Department‘s decision not to acknowledge the Duwamish is an extremely weighty one for the Duwamish people," Judge John C. Coughenour wrote in the 19-page decision that was issued on Friday. "Moreover, concerns about the basis for the Department‘s acknowledgment decisions have plagued the process and undermined confidence in that process."

Under former assistant secretary Ada Deer, the BIA proposed to deny recognition to the tribe in 1996. But in the final days of the Clinton administration, acting former assistant secretary Michael Anderson said the tribe deserved federal status.

The new Bush administration, however, put a hold on the decision and former assistant secretary Neal McCaleb denied the tribe in September 2001. Coughenour said the move was "arbitrary and capricious" because McCaleb evaluated the petition under a different set of rules than Anderson.

"Plaintiffs should not be left to wonder why one administration thought their petition should be considered under both sets of rules, but a second did not," Coughenour wrote.

Coughenour ordered the BIA to re-evaluate the petition under the rules that led Anderson to grant recognition or to explain why it won't do so.

Turtle Talk has posted documents from the case, Hansen v. Salazar.


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Craig Tribal Association celebrates 'historic' trust land acquisition (1/16)
Mark Trahant: Congress moves forward with repeal of Obamacare (1/16)
Native Sun News Today: Northern Cheyenne banker beats the odds (1/16)
James Giago Davies: The real power to defeat the Wasicu pipeline (1/16)
Tiffany Midge: Hollywood needs to stop stereotyping Native people (1/16)
Peter d'Errico: New book connects Native America with Palestine (1/16)
Alaska tribe makes history with approval of trust land application (1/13)
Mille Lacs Band divests from bank over Dakota Access financing (1/13)
Navajo Code Talkers participate in presidential inaugural parade (1/13)
Native Sun News Today: Uranium expansion by sacred site halted (1/13)
Clara Caufield: Commemorating the outbreak from Fort Robinson (1/13)
Terese Mailhot: Paying tribute to my brother & my protector Guy (1/13)
Steven Newcomb: It's been 130 years of taking indigenous lands (1/13)
Trump's Energy nominee vows to stay away from Dakota Access (1/12)
Native Sun News Today: Legal fight continues over Dakota Access (1/12)
Ivan Star Comes Out: We must speak Lakota to keep it from dying (1/12)
Bad River Band calls for removal of aging pipeline on reservation (1/12)
Bill requires tribal consent for Yucca Mountain nuclear waste site (1/12)
California county approves limits on marijuana near tribal lands (1/12)
North Dakota tribe threatens to walk away from energy tax deal (1/12)
American Bar Association honors prominent Indian law attorney (1/12)
Tribal opposition leads to delay on status of Yellowstone grizzly (1/12)
Citizen Potawatomi Nation security guard brought gun to casino (1/12)
Cowlitz Tribe hosts job far as opening date for casino approaches (1/12)
Trump's Justice choice leaves door open to fight tribal jurisdiction (1/11)
Native women join historic march in DC after Trump's inauguration (1/11)
Cobell scholarship fund grows to $47M thanks to buy-back effort (1/11)
Alaska Native village still seeking approval for 'life-saving road' (1/11)
Confirmation hearing delayed for Donald Trump's Education pick (1/11)
Native Sun News Today: Peltier prosecutor supports clemency bid (1/11)
Steven Newcomb: Our indigenous nations were never conquered (1/11)
Peter d'Errico: United States refuses to acknowledge its genocide (1/11)
Ex-chair of Cedarville Rancheria faces death sentence for murders (1/11)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.