St. Pierre, Roger and the Original Chippewa Cree of the Rocky Boys Reservation v. Commissioner of Indian Affairs, 9 IBIA 203 (1982)

Docket Number: IBIA 80-52-A

Linked as:

Extract

St. Pierre, Roger and the Original Chippewa Cree of the Rocky Boys Reservation v. Commissioner of Indian Affairs, 9 IBIA 203 (1982)

Appeal from the decision of the Acting Deputy Commissioner of Indian Affairs affirming decisions of the Area Director, Billings Area Office, and the Superintendent of the Rocky Boy's Agency whereby the Bureau of Indian Affairs refused to recognize actions of the Chippewa Cree Business Committee which require Bureau of Indian Affairs review or approval because of violations of the Chippewa Cree tribal constitution by tribal officials.

Affirmed.

1. Board of Indian Appeals: Jurisdiction The jurisdiction of the Board of Indian Appeals is governed by 43 CFR 4.330(a) and (b).

IBIA 80-52-A

2. Board of Indian Appeals: Jurisdiction The jurisdiction of the Board of Indian Appeals is not determined by the characterization or descriptive title placed on agency action by the deciding official.

3. Administrative Procedure: Administrative Review--Board of Indian Appeals: Jurisdiction The characterization of a decision as "discretionary" is a legal conclusion and the product of a legal analysis.

4. Administrative Procedure: Administrative Review--Appeals--Bureau of Indian Affairs: Administrative Appeals: Generally The Board of Indian Appeals is bound by statutes, regulations, case law, and principles of judicial self-restraint not to interfere with substantive decisions of the BIA issued under its discretionary authority.

5. Indians: Guardianship--Indians: Trusts The United States is charged with the responsibility of safeguarding, from both external and internal threats, the political existence of Indian tribes, including protecting and guaranteeing tribal self-government and "the political rights of Indians."

6. Indians: Guardianship--Indians: Trusts The United States is empowered to apply "all appropriate means" to fulfill its general trust obligations and in the course of doing so, is limited only by principles of trust law and relevant constitutional considerations.

7. Indian Reorganization Act--Indians: Guardianship--Indians: Trusts Examination of the history, purpose, wording, and structure of the IRA leads to the conclusion that Congress intended to impose a specific trust

IBIA 80-52-A responsibility on the Secretary of the Interior and the Bureau of Indian Affairs with respect to tribes organized under the Act. 8. Indian Reorganization Act--Indian Tribes: Constitution, Bylaws and Ordinances--Indian Tribes: Elections--Indian Tribes: Federal Recognition--Indians: Guardianship--Indians: Trusts The government-to-government relationships between the United States and Indian tribes organized under the IRA are governed by the trust responsibility established by the IRA and consequently are "subject to limitations inhering in * * * a guardianship and to pertinent constitutional restrictions." Under the circumstances of this case, the actions and decisions of the BIA comport with the requirements of law.

APPEARANCES: Francis X. Lamebull, Esq., for appellant Chippewa Cree Tribe; James W. Zion, Esq., for appellants Roger St. Pierre and the Original Chippewa Cree of the Rocky Boy's Reservation; Robert S. Thompson, Esq., Office of the Solicitor, U.S. Department of the Interior, for appellee Commissioner of Indian Affairs. Counsel to the Board: Kathryn Lynn.

OPINION BY ADMINISTRATIVE JUDGE MUSKRAT

Findings of Fact

Appellants seek review of the July 7, 1980, decision of the Acting Deputy Commissioner of Indian Affairs affirming decisions of

IBIA 80-52-A the Area Director, Billings Area Office, and the Superintendent of the Rocky Boy's Agency, rendered on February 25, 1980, and September 7, 1979, respectively. Under these decisions, the Bureau of Indian Affairs (BIA, Bureau) refused to recognize those actions of the Chippewa Cree Business Committee, 1/ as constituted following the 1978 general tribal election, which require BIA review or approval, but would continue to recognize, for housekeeping functions necessary to ensure contin...

See the full content of this document