Tuesday, January 26, 2016

Kevin Washburn's Last Acts As AS-IA: Deciding Tribal Membership: Or, BIA Won't Get Involved, Unless it DOES.

 This is probably one of for AS-IA Kevin Washburn's last actions. He starts off by saying that the BIA loathes getting involved in tribal membership issues but then goes on to tell the tribe who their membership will be derived from and in the next breath rejects their constitution. 

It appears that the BIA/Interior will get involved IF the tribe is NOT a rich casino tribe. 

Washburn's conclusion:

Responding to the court's remand, I conclude that the Tribe's membership is more than five people, and that the 1998 General Council does not consist of valid representatives of the Tribe.
I further conclude that the individuals who make up the Eligible Groups must be given opportunity to take part in the reorganization of CVMT. At the discretion of the Eligible Groups, the Miwok Indians named on the 1929 Census and their descendants may be given that opportunity to participate in the reorganization of CVMT.
I find that Mr. Dixie has not proven that the 2013 Constitution was validly ratified. I authorize the BIA Pacific Regional Director (RD) to receive additional submissions from Mr. Dixie for the purpose of establishing whether the 2013 Constitution was validly ratified. As an alternative, I encourage the Tribe to petition for a Secretarial election under 25 C.F.R. Part 81 within 90 days of this decision. Pursuant to today's decision, the RD will work with the Eligible Groups to help the Tribe attain its manifest goal of reorganizing.

This is a role that BIA has undertaken in other situations involving California Rancherias.

Read the entire Kevin Washburn letter here


Reinstatement_Restitution said...

This just means the BIA won't intervene unless ordered to do so by the court. We know this now. It is a Kevin Washburn Policy, or an Agency Policy? We will find out from his replacement.

Judge Barbara Rothstein ordered a remand of AS-IA Larry Echohawks decision with instructions in the California Sheep Rancheria case. That is why AS-IA Washburn had to issue this decision. FYI.

Anonymous said...

Some crazy things are happening in Indian country. Thanks EchoHawk.