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The Miami Tribe of Indiana's Fight for Federal Recognition

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The Miami Tribe of Indiana's Fight for Federal Recognition The Miami Tribe of Indiana’s Fight For Federal Recognition 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 Abstract Miami Cultural Background Federal Recognition Criteria Currently, there are two separate tribal Miami entities in MNI and the Seven requirements: the United States; the federally recognized Miami of Oklahoma Descend from the Mississippian culture (Western Miami) and the non-federally recognized Miami of What the Miami could prove to the United States Government : Indiana (Eastern Miami). Without federal recognition, the Miami Woodland nation Image 3 of Indiana continue to face economic and social burdens because That the tribe has existed since the 1900’s. they are not eligible for federal benefits. This research project Image 4 Speaks a central Algonquian family language called, Myaamia. researches the federal recognition issue from a general perspective The petitioning community is distinctly Native American with an independent study of the Miami Tribe of Indiana, Has lived in IL,OH, OK, KA, WI hereafter “MNI”. The MNI have not been federally recognized The MNI has a governing constitution, created in 1937. since 1897 and currently are fighting to be federally recognized by The French met the Miami around 1654 at the tip of the Green Bay That the petitioners descend from the Miami tribe. the United States government. This project focuses on the issue River by Prairie Du Chien, Wisconsin. from a legal and historical perspective. The researcher is using Congressional legislation did not forbid or terminate tribal status. various resources including: legal cases from Westlaw, Treaties, Had government relations with France, England, and the United Image 2 the Code of Federal Regulations, government reports, scholarly States throughout history. Image 5 articles and historical documents. This project encompasses three What the Miami could not prove: areas of law; Federal Indian, Constitutional, and International Consists of two different tribal nations now. Policy law with a broader focus on Federal Indian law. That they had a consistent governing body over their people since 1900’s. Miami Tribe of Indiana : non-recognized Live in a distinctly Miami community. Miami Tribe of Oklahoma : recognized Image 1 Image 6 Image 7 Historical Recognition Timeline Proposed MNI gets recognized determination by The MNI started the federal Final determination by D.O.I. D.O.I. Meshingomesia Allotment Act recognition petition process Indian Removal Act Treaty with Miami 1854 January 1, 1872 1979 July 12, 1990 June 9, 1992 1830 1854 MNI stripped of Recognition 1881 Sept.30 th , 1937 1990-2005 1993-2002 October 6, 1846 Meshingomesia Allotment Miami Removal to KA MNI Constitution approved by Secretary of State Legislation in both 9 year Judicial appeal Congressional houses ending with a denial failed to recognize the of Writ of Certiorari MNI. in 2002. State Recognition 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. What Now? The 1881 allotting of land The final payment of annuities to the MNI for those The MNI are trying to seek their recognition through political allotments of land. means. The case is stalled in the judicial system because the Supreme Court will not hear it. Image 8 Image 9 Another thing that the MNI have been advocating for in their tribe is Willis Van Devanter State recognition in Indiana. On April 14, 2011 the MNI hosted an Image 10 informational rally as an advocacy effort to promote the awareness of Special Thanks the tribe’s right to State recognition. Chippewa Valley Technical College Staff: Attorney Mark Barker , CVTC Paralegal Program Director Alisa Hoepner Schley , CVTC Student Life Supervisor Legal Appeal Timeline Michael Ojibway , CVTC Diversity Student Services Coordinator-Red Cliff Ojibwe University of Wisconsin-Eau Claire Staff: Dr. Wendy Makoons Geniusz , AIS Program Director-Cree Dr. Lawrence T. Martin , AIS Program Professor and Ex-AIS Program Director-Lac The Miami Nation of Indiana ’s of Indiana, Inc.(hereinafter The MNI Inc. v. Babbit, 979 F.Supp. 711 The MNI Inc. v. Babbit, 112 F. The MNI, Inc v. U.S. D.O.I, 255 F.3d 342 Courtes Oreilles Ojibwe (N.D. Ind. 1996) Odawa White , Multicultural Affairs Office Counselor Director-Lac Courtes Oreilles MNI, Inc.) v. Lujan, 832 F. Supp. 253 (N.D. Ind. 1993) Supp. 2d 742 (N. D. Ind. 2000) ( N.D. Ind. 2001) Ojibwe MNI Tribal Members: Akima (Chief) Brian Buchanan The MNI Inc. v. Norton, 534 U.S. 1129 Vice Chief John Dunnagan , Tribal Historian The MNI Inc. v. Babbit, 887 F.Supp. The MNI Inc. v. Babbit, 55 F. Supp. 2d 921 (N.D. Sarah Siders , MNI Secretary (2002) Erin Dunnagan Oliver , MNI member and 3 rd yr. Michigan State Indigenous Law 1158 (N.D. Ind. 1995) Ind. 1999) student George Ironstruck , Myaamia Project Faculty Scott Shoemaker , Minnesota State University PHD student and MNI community member Bibliography Images Diana Evans , MNI community member Scholars: BOOKS 1. http:myaamiafoundation.org/images/photos/harvest.jpg Steward Rafert, Miami tribal scholar •Law Articles •Case Law 2. Courtesy of Diana Evans New Beginnings March 2011 Powwow Collection Elizabeth Glenn and Stewart Rafert, The Native Americans (Indianapolis: Indiana Historical Society Press, 2009) 65-102. 82 N.D.L.Rev. 490 (2006) The Miami Nation of Indiana’s of Indiana, Inc.(hereinafter MNI, Inc.) v. Lujan, 832 F. Supp. 253 (N.D. Ind. 1993) 3. http://images.cdn.fotopedia.com/dn8rivrvsocjj-ylvq670Gcro-hd.jpg Anton Treuer , Bemidji State University Professor-Leech Lake Ojibwe • Eitelorg Museum of American Indians and Western art. Mihtohseenionki (A People’s Place). (Indianapolis: Indiana. Eitelorg Museum of D.O.I. Opinions The MNI Inc. v. Babbit, 887 F.Supp. 1158 (N.D. Ind. 1995) 4. http://www.ohiohistorycentral.org/images/151.jpg 25 L.D. 426 (1897) The MNI Inc. v. Babbit, 979 F.Supp. 711 (N.D. Ind. 1996) American Indians and Western Art. 2002) 16. 5. http://myaamiahistory.files.wordpress.com/2011/03/mahkisina.jpg Other Members of the Community: Rafert, Stewart. The Miami Indians of Indiana. A Persistent People: 1654-1994 .( Indianapolis: Indiana Historical Society Press. 1996.) 1-149. •MNI Legal Determination 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) 6. http://www.miamination.com/mto/thpo.html Alan Donald Keim and Loretta Gail Jerousek Keim LEGAL REFERENCES Proposed Finding Against Federal Acknowledgement of Miami Nation of Indians, Inc. 55 Fed. Reg. 29,423-29,425 (July 19, 1990) The MNI, Inc v. U.S. Dept. of the Interior, 255 F.3d 342 ( N.D. Ind. 2000) 7. http://www.lloydspitalnikphotos.com/d/1295-4/whip-poor-will_F5R3450.jpg •Code of Regulations Final Determination That the MNI, Inc. Does Not Exist as an Indian Tribe. 57 Fed. Reg. 27312-27,313 (June 18,1992) The MNI Inc. v. Norton, 534 U.S. 1129 (2002) 8. Courtesy of Diana Evans, from her April 14, 2011 photos. Special thanks to the University of Wisconsin-Eau Claire Learning and Technologies 25 C.F.R. § 83.7 9. Courtesy of Diana Evans, from her April 14, 2011 photos. 10. oyez.org Services for printing this poster. .
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