Monday, August 22, 2016

Pala Mentioned In National Law Review

There is a long article out titled:

Confederated Tribes of Grand Ronde Community v. Jewell and Other Selected Cases: Indian Nations Law Update August

Here is an excerpt.   Click the link above if you want to read the whole article.

"In Aguayo v. Jewell, 2016 WL 3648465 (9th Cir. 2016), the Pala Band of Mission Indians (Tribe) amended its constitution in 1997 to authorize its Executive Committee to replace its existing Enrollment Ordinance with an ordinance governing “adoption, loss of membership, disenrollment, and future membership.” The U.S. Bureau of Indian Affairs (BIA) approved the constitution in 2000. In 2009, the Executive Committee adopted a new enrollment ordinance giving itself the power to “reevaluate” an applicant based on “misrepresented or omitted facts that might have made him/ her ineligible for enrollment,” and remove such members from the rolls. The ordinance permitted an aggrieved person to appeal to the BIA’s regional director but also provided that the regional director could merely make a recommendation and that the Executive Committee would have ultimate authority over enrollment decisions. The Executive Committee determined that the blood quantum of Margarita Britten, a Pala Indian born in 1856, had incorrectly been listed as “full blood” but should have been listed as half- blood. The committee subsequently disenrolled over 150 of her descendants who could not satisfy the Tribe’s 1/16 blood requirement. Many of them appealed to the BIA regional director, but the regional director, and later the Assistant Secretary – Indian Affairs (AS-IA), determined that BIA’s role was purely advisory under the Tribe’s constitution."