INTRODUCTION AND SUMMARY OF ARGUMENT Sample Clauses

INTRODUCTION AND SUMMARY OF ARGUMENT. 3 The United States has not recognized a government of the California Valley Miwok Tribe, 4 also known as the Sheep Ranch Rancheria of Me-wuk Indians (Tribe), since 2004. Plaintiffs 5 Xxxxxx Xxxxxx, her two daughters and her granddaughter (Xxxxxxx) claim they are the only members 6 of the Tribe and that the several hundred lineal descendants of the Miwok Indians for whom the 7 Rancheria was established have no right to participate in the creation of a Tribal government or 8 otherwise to enjoy the benefits of Tribal membership. The Burleys claim the United States must 9 recognize a Tribal government based on a process conducted in 1998 in which only two people 10 participated. They continue to make this claim even though three published federal court 11 decisions in the D.C. Circuit have already rejected their “antimajoritarian gambit” and affirmed 12 the federal Bureau of Indian Affairs’ (BIA) duty to uphold majoritarian values in its dealings with 13 this Tribe. California Valley Miwok Tribe v. United States, 515 F.3d 1262, 1263 (D.C. Cir. 2008) 14 (Miwok II), affirming California Valley Miwok Tribe v. USA, 424 F.Supp.2d 197 (D.D.C. Mar. 31, 15 2006) (Miwok I). See also California Valley Miwok Tribe x. Xxxxxx, 5 F.Supp.3d 86 (D.D.C. 16 2013) (Miwok III). 17 In this case, the Burleys challenge a December 30, 2015 decision (2015 Decision) by 18 Assistant Secretary - Indian Affairs Xxxxx Xxxxxxxx, issued on remand from the D.C. District 19 Court’s order in Miwok III. Consistent with all three Miwok decisions, the 2015 Decision found 20 that the Tribe’s membership is not limited to the four Burleys and Intervenor Yakima Dixie, and 21 that the United States cannot recognize a Tribal government based on a “tribal resolution” adopted 22 in 1998 by just two people. The Decision therefore rejected the Burleys’ claims to represent the 23 Tribe, just as the BIA did in 2004 and 2005 — a decision the courts upheld in Miwok I and II. 24 The 2015 Decision reaffirms the well-settled principle that the United States can only 25 recognize a Tribal government formed through a process in which all members of the Tribal 26 community — which the Decision refers to as the “Eligible Group” members — have the 27 opportunity to participate. The Decision identifies three Eligible Groups, each consisting of lineal 28 descendants of one or more known historical members of the Tribe.
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