by: melissa ashley keim, chippewa valley tech. college, aba accredited, paralegal program student...

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By: Melissa Ashley Keim , Chippewa Valley Tech. College , ABA Accredited, Paralegal Program Student Mentored by : Attorney Mark Barker, Chippewa Valley Tech. College Paralegal and Dr. Wendy Makoons Geniusz,

Director of American Indian Studies at the University of Wisconsin-Eau Claire

The Miami Tribe of Indiana’s Fight For Federal Recognition

Abstract Miami Cultural Background

Chippewa Valley Technical College Staff: Attorney Mark Barker, CVTC Paralegal Program Director Alisa Hoepner Schley, CVTC Student Life SupervisorMichael Ojibway, CVTC Diversity Student Services Coordinator-Red Cliff Ojibwe

University of Wisconsin-Eau Claire Staff:Dr. Wendy Makoons Geniusz, AIS Program Director-CreeDr. Lawrence T. Martin, AIS Program Professor and Ex-AIS Program Director-Lac Courtes Oreilles Ojibwe Odawa White, Multicultural Affairs Office Counselor Director-Lac Courtes Oreilles Ojibwe

MNI Tribal Members:Akima (Chief) Brian BuchananVice Chief John Dunnagan, Tribal HistorianSarah Siders, MNI SecretaryErin Dunnagan Oliver, MNI member and 3rd yr. Michigan State Indigenous Law studentGeorge Ironstruck, Myaamia Project FacultyScott Shoemaker, Minnesota State University PHD student and MNI community memberDiana Evans, MNI community member

Scholars: Steward Rafert, Miami tribal scholarAnton Treuer, Bemidji State University Professor-Leech Lake Ojibwe

Other Members of the Community:Alan Donald Keim and Loretta Gail Jerousek Keim

Special thanks to the University of Wisconsin-Eau Claire Learning and Technologies Services for printing this poster.

Currently, there are two separate tribal Miami entities in the United States; the federally recognized Miami of Oklahoma (Western Miami) and the non-federally recognized Miami of Indiana (Eastern Miami). Without federal recognition, the Miami of Indiana continue to face economic and social burdens because they are not eligible for federal benefits. This research project researches the federal recognition issue from a general perspective with an independent study of the Miami Tribe of Indiana, hereafter “MNI”. The MNI have not been federally recognized since 1897 and currently are fighting to be federally recognized by the United States government. This project focuses on the issue from a legal and historical perspective. The researcher is using various resources including: legal cases from Westlaw, Treaties, the Code of Federal Regulations, government reports, scholarly articles and historical documents. This project encompasses three areas of law; Federal Indian, Constitutional, and International Policy law with a broader focus on Federal Indian law.

Descend from the Mississippian culture

Woodland nation

Speaks a central Algonquian family language called, Myaamia.

Has lived in IL,OH, OK, KA, WI

The French met the Miami around 1654 at the tip of the Green Bay River by Prairie Du Chien, Wisconsin.

Had government relations with France, England, and the United States throughout history.

Consists of two different tribal nations now.

Miami Tribe of Indiana: non-recognized

Miami Tribe of Oklahoma: recognized

Historical Recognition Timeline

Bibliography

Federal Recognition Criteria

Special Thanks Willis Van Devanter

1830

October 6, 1846

1854 January 1, 1872

1881 Sept.30th, 1937

1979 1897

July 12, 1990

1990-2005

June 9, 1992

1993-2002

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Indian Removal Act

Miami Removal to KA

Treaty with Miami 1854

Legal Appeal Timeline

The Miami Nation of Indiana’s of Indiana, Inc.(hereinafter MNI, Inc.) v. Lujan, 832 F. Supp. 253 (N.D. Ind. 1993)

The MNI Inc. v. Babbit, 887 F.Supp. 1158 (N.D. Ind. 1995)

The MNI Inc. v. Babbit, 979 F.Supp. 711 (N.D. Ind. 1996)

The MNI Inc. v. Babbit, 55 F. Supp. 2d 921 (N.D. Ind. 1999)

The MNI Inc. v. Babbit, 112 F. Supp. 2d 742 (N. D. Ind. 2000)

The MNI, Inc v. U.S. D.O.I, 255 F.3d 342 ( N.D. Ind. 2001)

The MNI Inc. v. Norton, 534 U.S. 1129 (2002)

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Another thing that the MNI have been advocating for in their tribe is State recognition in Indiana. On April 14, 2011 the MNI hosted an informational rally as an advocacy effort to promote the awareness of the tribe’s right to State recognition.

State Recognition

MNI and the Seven requirements:

What the Miami could prove to the United States Government :

That the tribe has existed since the 1900’s.

The petitioning community is distinctly Native American

The MNI has a governing constitution, created in 1937.

That the petitioners descend from the Miami tribe.

Congressional legislation did not forbid or terminate tribal status.

What the Miami could not prove:

That they had a consistent governing body over their people since 1900’s.

Live in a distinctly Miami community.

Meshingomesia Allotment Act

Meshingomesia Allotment

MNI stripped of Recognition

MNI Constitution approved by Secretary of State

The MNI started the federal recognition petition process

Proposed determination by D.O.I.

Final determination by D.O.I.

Legislation in both Congressional houses failed to recognize the MNI.

9 year Judicial appeal ending with a denial of Writ of Certiorari in 2002.

Willis Van Devanter, the Assistant Attorney General of the Department of Interior stated that the MNI had no legal standing, as a tribe for two reasons.

The 1881 allotting of land

The final payment of annuities to the MNI for those allotments of land.

?

MNI gets recognized

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What Now?

The MNI are trying to seek their recognition through political means.

The case is stalled in the judicial system because the Supreme Court will not hear it.

BOOKS

Elizabeth Glenn and Stewart Rafert, The Native Americans (Indianapolis: Indiana Historical Society Press, 2009) 65-102.Eitelorg Museum of American Indians and Western art.Mihtohseenionki (A People’s Place). (Indianapolis: Indiana. Eitelorg Museum of American Indians and Western Art. 2002) 16. Rafert, Stewart. The Miami Indians of Indiana. A Persistent People: 1654-1994.( Indianapolis: Indiana Historical Society Press. 1996.) 1-149.

LEGAL REFERENCES• Code of Regulations

25 C.F.R. § 83.7

• Law Articles

82 N.D.L.Rev. 490 (2006) • D.O.I. Opinions

25 L.D. 426 (1897)• MNI Legal Determination

Proposed Finding Against Federal Acknowledgement of Miami Nation of Indians, Inc. 55 Fed. Reg. 29,423-29,425 (July 19, 1990)Final Determination That the MNI, Inc. Does Not Exist as an Indian Tribe. 57 Fed. Reg. 27312-27,313 (June 18,1992)

• Case Law The Miami Nation of Indiana’s of Indiana, Inc.(hereinafter MNI, Inc.) v. Lujan, 832 F. Supp. 253 (N.D. Ind. 1993)

The MNI Inc. v. Babbit, 887 F.Supp. 1158 (N.D. Ind. 1995)The MNI Inc. v. Babbit, 979 F.Supp. 711 (N.D. Ind. 1996) The MNI Inc. v. Babbit, 55 F. Supp. 2d 921 (N.D. Ind. 1999) The MNI Inc. v. Babbit, 112 F. Supp. 2d 742 (N. D. Ind. 2000) The MNI, Inc v. U.S. Dept. of the Interior, 255 F.3d 342 ( N.D. Ind. 2000)The MNI Inc. v. Norton, 534 U.S. 1129 (2002)

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Images 1. http:myaamiafoundation.org/images/photos/harvest.jpg 2. Courtesy of Diana Evans New Beginnings March 2011 Powwow Collection 3. http://images.cdn.fotopedia.com/dn8rivrvsocjj-ylvq670Gcro-hd.jpg4. http://www.ohiohistorycentral.org/images/151.jpg5. http://myaamiahistory.files.wordpress.com/2011/03/mahkisina.jpg 6. http://www.miamination.com/mto/thpo.html 7. http://www.lloydspitalnikphotos.com/d/1295-4/whip-poor-will_F5R3450.jpg 8. Courtesy of Diana Evans, from her April 14, 2011 photos. 9. Courtesy of Diana Evans, from her April 14, 2011 photos. 10. oyez.org