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July 2020 Mittark

Federal Court Rules in Favor of Mashpee Wampanoag Nation

Last month, the United States District Court for the District of Columbia rendered a decision in favor of the Mashpee Wampanoag Tribe in the case of Mashpee Wampanoag Tribe v. Bernhardt. In its opinion, Judge Paul L. Friedman ruled: 

The Court will grant the Mashpee Tribe’s motion for summary judgment and deny the federal defendants’ and defendant-intervenors’ motions for summary judgment. Furthermore, because the Secretary of the Interior’s September 7, 2018 Record of Decision is arbitrary, capricious, an abuse of discretion, and contrary to law, the Court remands the matter to the Secretary of the Interior for a thorough reconsideration and re-evaluation of the evidence before him consistent with this Opinion, the 2014 M-Opinion, M-37209 – its standard and the evidence permitted therein – and the Department’s prior decisions applying the M-Opinion’s two-part test.

For the first time since the termination era, the Department of the Interior (DOI) attempted to disestablish a Tribal reservation, ordering the homelands of the Mashpee Wampanoag Tribe to be taken out of trust. The order from DOI Secretary David Bernhardt came on March 27, 2020, as the Tribal Nation worked to respond to the COVID-19 public health emergency, during active litigation on the status of the land, and following the rescission of the 2014Carcieri M-Opinion and the issuance of a new 4-part test to qualify under the first definition of “Indian” in the Indian Reorganization Act (IRA). On March 30, 2020, the Mashpee Wampanoag Tribe asked the Court to issue an emergency restraining order to prevent DOI from taking immediate action to disestablish its reservation.

 

Chairman's Column

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Wunee keesuq Tribal family,

Last month U.S. District Court Judge Paul Friedman in Washington, D.C. stopped the federal government from rescinding our reservation. The Judge has ordered the Interior Department to review the matter and issue new findings. This does not conclude our long battle, but it does put us in a far more advantageous position to protect our ancestral homeland.

In Judge Friedman’s summary judgement on behalf of our Tribe, he concluded that the Interior Department’s actions were “arbitrary, capricious, an abuse of discretion, and contrary to law.”

 

Surprise Birthday Parade for Chief Silent Drum

Tribal citizens and friends of the tribe celebrated the 98th birthday of Chief Vernon “Silent Drum” Lopez with a surprise parade that traveled past his home on Meetinghouse Road on June 16. Tribal members drummed on the side of the road as vehicles with balloons and signs traveled from the Old Indian Meeting House past the Chief’s home.

 

Explore Additional News in this month's Nashauonk Mittark


List of Committee and Board Seat Openings