Post by ed50 on Jun 5, 2011 10:59:53 GMT -5
Regarding: Wolfchild lawsuit...
Judge's Order by Charles F. Lettow
May 3, 2011
Ordered all parties involved in this lawsuit to examine this code and how it effects the case?
25 U.S.C. § 1401 : US Code - Section 1401: Funds appropriated in satisfaction of judgments of Indian Claims Commission or United States Court of Federal Claims
(a) Use and distribution
Notwithstanding any other law, all use or distribution of funds
appropriated in satisfaction of a judgment of the Indian Claims
Commission or the United States Court of Federal Claims in favor of
any Indian tribe, band, group, pueblo, or community (hereinafter
referred to as "Indian tribe"), together with any investment income
earned thereon, after payment of attorney fees and litigation
expenses, shall be made pursuant to the provisions of this chapter.
(b) Amounts remaining to be held in trust unless otherwise provided
Except as provided in sections 164 and 165 of this title, amounts
which the Secretary of the Interior has remaining after execution
of either a plan under this chapter, or another Act enacted
heretofore or hereafter providing for the use or distribution of
amounts awarded in satisfaction of a judgment in favor of an Indian
tribe or tribes, together with any investment income earned thereon
and after payment of attorney fees and litigation expenses, shall
be held in trust by the Secretary for the tribe or tribes involved
if the plan or Act does not otherwise provide for the use of such
amounts.
(c) Short title
This chapter may be cited as the "Indian Tribal Judgment Funds
Use or Distribution Act".
For individuals who are confused about the recent court order…the gov’t wants to use US CODE 25-1401.
Which in simple terms would require at least a two year process to insure that every individual that is a legitimate descendant has had the opportunity to join the lawsuit. To avoid any future lawsuits to any individuals that was left off. There are two ways to look at this, every legitimate individual should have the opportunity but on the other hand it has been a long process and everyone should have known about it years ago. (Just my opinion) I know of at least 500 on Spirit Lake Nation that will be left off this lawsuit, and could bring their own lawsuit and slow down this process even more. Another issue could be that a requirement of ¼ blood degree at the beginning of the process maybe required? As to those on the 1886 census we believe there is proof that some have a 1/8 blood degree or less…another one of our thoughts? We are not making a judgment as to who should qualify or not and don’t mean to offend anybody, just stating some of the concerns that may happen…
Your thoughts…?
Judge's Order by Charles F. Lettow
May 3, 2011
Ordered all parties involved in this lawsuit to examine this code and how it effects the case?
25 U.S.C. § 1401 : US Code - Section 1401: Funds appropriated in satisfaction of judgments of Indian Claims Commission or United States Court of Federal Claims
(a) Use and distribution
Notwithstanding any other law, all use or distribution of funds
appropriated in satisfaction of a judgment of the Indian Claims
Commission or the United States Court of Federal Claims in favor of
any Indian tribe, band, group, pueblo, or community (hereinafter
referred to as "Indian tribe"), together with any investment income
earned thereon, after payment of attorney fees and litigation
expenses, shall be made pursuant to the provisions of this chapter.
(b) Amounts remaining to be held in trust unless otherwise provided
Except as provided in sections 164 and 165 of this title, amounts
which the Secretary of the Interior has remaining after execution
of either a plan under this chapter, or another Act enacted
heretofore or hereafter providing for the use or distribution of
amounts awarded in satisfaction of a judgment in favor of an Indian
tribe or tribes, together with any investment income earned thereon
and after payment of attorney fees and litigation expenses, shall
be held in trust by the Secretary for the tribe or tribes involved
if the plan or Act does not otherwise provide for the use of such
amounts.
(c) Short title
This chapter may be cited as the "Indian Tribal Judgment Funds
Use or Distribution Act".
For individuals who are confused about the recent court order…the gov’t wants to use US CODE 25-1401.
Which in simple terms would require at least a two year process to insure that every individual that is a legitimate descendant has had the opportunity to join the lawsuit. To avoid any future lawsuits to any individuals that was left off. There are two ways to look at this, every legitimate individual should have the opportunity but on the other hand it has been a long process and everyone should have known about it years ago. (Just my opinion) I know of at least 500 on Spirit Lake Nation that will be left off this lawsuit, and could bring their own lawsuit and slow down this process even more. Another issue could be that a requirement of ¼ blood degree at the beginning of the process maybe required? As to those on the 1886 census we believe there is proof that some have a 1/8 blood degree or less…another one of our thoughts? We are not making a judgment as to who should qualify or not and don’t mean to offend anybody, just stating some of the concerns that may happen…
Your thoughts…?