Givens, Phil v. Acting Muskogee Area Director, 33 IBIA 272 (1999)

Docket Number:IBIA 99-55-A

Order Docketing and Dismissing Appeal Docket No. IBIA 99-55-A April 30, 1999

Appellant Phil Givens seeks review of an April 6, 1999, decision issued by the Acting Muskogee Area Director, Bureau of Indian Affairs (Area Director; BIA). Appellant filed an appeal with the Area Director under 25 C.F.R. § 2.8, which provides procedures for making the inaction of a BIA official the subject of an appeal. For the reasons discussed below, the Board of Indian Appeals (Board) dismisses this appeal.

The materials which Appellant submitted with his notice of appeal show that he has tried to negotiate with the Cherokee Nation of Oklahoma (Tribe) to lease lands held in trust for the Tribe. Appellant states that he has attempted to persuade the Tribe that, as part of the compensation for leasing tribal lands, the Tribe can receive a percentage of certain payments which the United States Department of Agriculture makes to the lessee. He contends that the Tribe's failure to consider these payments in negotiating leases results in a substantial loss to the Tribe.

Appellant further argues that the Tribe does not have set policies in regard to the leasing of tribal lands, which results in inequities in the leasing process and another substantial loss to the Tribe. He also contends that the failure to have set policies has resulted in financial loss and mental anguish to him.

In his decision, the Area Director noted that the Tribe performs trust real estate services under a Self-Governance Compact. He stated that the granting of leases for tribal trust lands is a tribal business decision subject to approval by the Secretary of the Interior, and noted that there were no leases between Appellant and the Tribe pending BIA approval. The Area Director held that there was no appealable action by a BIA official, that there was no basis for an appeal under 25 C.F.R. § 2.8, and...

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