Background

• In 1951, Indians sued the United States over loss of lands; the Indian Claims Commission awarded about $26 million to Western Shoshone for deprivation of lands.
• Funds were placed in an interest-bearing trust in the Treasury pending distribution.
• The 2004 Western Shoshone Distribution Act directed per capita distribution of judgment funds to living U.S. citizens who are at least 1/4 Western Shoshone blood and not receiving other IC Conservation awards.
• Individually named plaintiffs claim to be the Timbisha Shoshone Tribal Council acting on behalf of the Tribe, challenging the Distribution Act as an unconstitutional taking.
• The Government initially did not recognize any Tribal Council, leading to a leadership dispute between two factions: Kennedy and Gholson.
• In 2011, after the district court decision, the Government recognized the Gholson faction; an April 29, 2011 election resulted in Gholson’s leadership being recognized, prompting related litigation and appeals.

Issues

Key Cases Cited

• Cal. Valley Miwok Tribe v. United States, 515 F.3d 1262 (D.C.Cir.2008) (tribal self-government and government-to-government relations principles)
• Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978) (federal policy of furthering Indian self-government)
• Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831) (sovereign tribal status and self-government principles)
• Morton v. Mancari, 417 U.S. 535 (1974) (recognition of the federal policy of supporting Indian self-government)
• Shenandoah v. U.S. Dept. of Interior, 159 F.3d 708 (2d Cir.1998) (executive recognition can moot tribe-representative claims)
• Land v. Dollar, 330 U.S. 731 (1947) (courts may consider extrinsic facts on jurisdictional challenges)
• United States v. Holliday, 70 U.S. (3 Wall.) 407 (1866) (federal determination of tribal recognition defers to executive/legislative branches)