Appeals court tells Sandy Lake Band to seek BIA recognition

Tuesday, May 21, 2013  

The Sandy Lake Band of Mississippi Chippewa must go through the federal recognition process in order to follow the Indian Reorganization Act, the 8th Circuit Court of Appeals ruled on Monday.

The tribe, based in Minnesota, signed treaties with the U.S. as far back as 1825. In 1915, President Woodrow Wilson created a reservation for the tribe by executive order.

Despite these actions, the Bureau of Indian Affairs has never included the Sandy Lake Band on the list of federally recognized tribes. So the tribe sued the BIA in hopes of getting on the list.

The lawsuit called for the BIA to schedule a secretarial election for the tribe under the provisions of the IRA. A federal judge dismissed the case in July 2011.

"Specifically, the district court found that Sandy Lake had failed to exhaust its administrative remedy, the DOI acknowledgment process," the 8th Circuit said in an unpublished decision.

The tribe did not appeal but instead filed a second lawsuit that raised additional claims. The 8th Circuit, however, said the issues were the same as the ones already decided by the district court.

That means the only way the tribe can come back to court is to follow the BIA's recognition process. "Accordingly, Sandy Lake may reassert the same claims that it alleged," the 8th Circuit observed, "but only after it exhausts its administrative remedies."

Turtle Talk has posted documents from the case, Sandy Lake Band of Mississippi Chippewa.

8th Circuit Decision:
Sandy Lake Band of Mississippi Chippewa v. US (May 20, 2013)