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Combined Joint Appendix No. 14-1406 ================================================================ In The Supreme Court of the United States --------------------------------- ♦ --------------------------------- NEBRASKA, et al., Petitioners, v. MITCH PARKER, et al., Respondents. --------------------------------- ♦ --------------------------------- On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit --------------------------------- ♦ --------------------------------- JOINT APPENDIX, VOLUME I --------------------------------- ♦ --------------------------------- JAMES D. SMITH DONALD B. VERRILLI, JR. Solicitor General Solicitor General of Nebraska UNITED STATES OFFICE OF THE DEPARTMENT OF JUSTICE ATTORNEY GENERAL 950 Pennsylvania Avenue, N.W. 2115 State Capitol Building Washington, D.C. 20530-0001 Lincoln, NE 68509-8920 (202) 514-2217 (402) 471-2682 [email protected] [email protected] Counsel of Record for Counsel of Record Respondent United States for Petitioners PAUL D. CLEMENT BANCROFT PLLC 500 New Jersey Avenue, N.W., Seventh Floor Washington, D.C. 20001 (202) 234-0090 [email protected] Counsel of Record for Tribal Respondents ================================================================ Petition For Certiorari Filed May 27, 2015 Certiorari Granted October 1, 2015 ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i TABLE OF CONTENTS Page VOLUME I Relevant Docket Entries from the United States District Court for the District of Ne- braska, 4:07CV3101 .................................................. 1 Relevant Dockets Entries from the United States Court of Appeals for the Eighth Cir- cuit, 14-1642 ............................................................ 58 Second Amended Complaint, filed October 4, 2007 ......................................................................... 66 Omaha Tribal Court Memorandum Opinion and Order, filed February 14, 2013 ........................ 77 Omaha Tribal Court Judgment, filed March 4, 2013 ....................................................................... 139 Letter from Deborah R. Gilg, United States Attorney for the District of Nebraska, to David Heineman, Governor of Nebraska, dated Oc- tober 9, 2012, filed March 14, 2013 ...................... 141 Order in State v. Picotte, Case No. CR 00-6 (D. Ct. Thurston County, Nebraska, August 21, 2000), filed April 22, 2013 ..................................... 145 Order in State v. Picotte, Case No. FE 99-23 (C. Ct. Thurston County, Nebraska, April 14, 2000), filed April 22, 2013 ..................................... 153 Nebraska Attorney General Memorandum dated July 23, 2001, filed April 22, 2013 ........................ 157 Joint Stipulation of Facts, filed June 10, 2013........ 184 ii TABLE OF CONTENTS – Continued Page Act of August 7, 1882, 22 Stat. 341, filed June 14, 2013 ................................................................. 227 Memorandum from Michael J. Berrigan, Asso- ciate Solicitor, Division of Indian Affairs, to Priscilla Wilfahrt, Twin Cities Field Solicitor dated September 5, 2012, filed June 14, 2013 ..... 234 VOLUME II Complaint-In-Intervention of Intervenor State of Nebraska, filed June 17, 2013 .......................... 285 Answer of Intervenor-Defendant United States to Plaintiffs’ Second Amended Complaint, filed June 19, 2013 ................................................ 300 Expert Report submitted by Emily Greenwald, Ph.D., Historical Research Associates, Inc., filed June 24, 2013 ................................................ 315 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1867, filed June 24, 2013 ................................................ 374 General Land Office Survey, 1867, filed June 24, 2013 ................................................................. 407 General Land Office Survey, 1867, filed June 24, 2013 ................................................................. 408 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1869, filed June 24, 2013 ................................................ 409 iii TABLE OF CONTENTS – Continued Page Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1871, filed June 24, 2013 ................................................ 413 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1872, filed June 24, 2013 ................................................ 430 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1873, filed June 24, 2013 ................................................ 443 Superintendents’ Annual Narrative and Statis- tical Reports from Field Jurisdictions of the Bureau of Indian Affairs, 1935 Annual Sta- tistical Report, filed June 24, 2013 ...................... 446 Excerpts from 13 Cong. Rec. 48 (1882), filed June 24, 2013 ........................................................ 448 Excerpts from 13 Cong. Rec. 3077-79 (1882), filed June 24, 2013 ................................................ 457 Excerpts from 13 Cong. Rec. 3880 (1882), filed June 24, 2013 ........................................................ 470 Excerpts from 13 Cong. Rec. 6842-43 (1882), filed June 24, 2013 ................................................ 471 Excerpts from 13 Cong. Rec. 6998 (1882), filed June 24, 2013 ........................................................ 473 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1882, filed June 24, 2013 ................................................ 477 iv TABLE OF CONTENTS – Continued Page Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1883, filed June 24, 2013 ................................................ 479 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1884, filed June 24, 2013 ................................................ 482 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1885, filed June 24, 2013 ................................................ 495 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1874, filed June 24, 2013 ................................................ 504 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1875, filed June 24, 2013 ................................................ 506 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1876, filed June 24, 2013 ................................................ 510 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1888, filed June 24, 2013 ................................................ 513 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1898, filed June 24, 2013 ................................................ 516 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1900, filed June 24, 2013 ................................................ 520 v TABLE OF CONTENTS – Continued Page Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1906, filed June 24, 2013 ................................................ 524 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1909, filed June 24, 2013 ................................................ 530 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1911, filed June 24, 2013 ................................................ 535 Superintendents’ Annual Narrative and Statis- tical Reports from Field Jurisdictions of the Bureau of Indian Affairs, 1935 Annual Sta- tistical Report, filed June 24, 2013 ...................... 540 VOLUME III Declaration of Emily Greenwald, filed June 24, 2013 ....................................................................... 543 1905 Title Map of the Omaha Reservation, filed June 24, 2013 ........................................................ 551 1885 Map of Omaha and Winnebago Reserva- tions (for illustrative purposes), filed June 24, 2013 ................................................................. 552 Act of February 28, 1899, 30 Stat. 912, filed June 24, 2013 ........................................................ 553 Declaration of V. Gene Summerlin, filed June 24, 2013 ................................................................. 559 1964 Bureau of Indian Affairs Maps, filed June 24, 2013 ................................................................. 562 vi TABLE OF CONTENTS – Continued Page Rebuttal Expert Report submitted by Emily Greenwald, Ph.D., Historical Research Asso- ciates, Inc., filed June 24, 2013 ............................ 565 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1884, filed June 24, 2013 ................................................ 612 Excerpts from the Annual Report of the Com- missioner of Indian Affairs for the Year 1871 ...... 616 Letter from the Secretary of the Interior to Congress, January 19, 1872, filed June 24, 2013 ....................................................................... 622 Act of June 10, 1872, 17 Stat. 391, filed June 24, 2013 ................................................................. 631 Letter from the Commissioner of Indian Affairs, October 12, 1872, filed June 24, 2013 .................
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