The Citizen Potawatomi Nation of Oklahoma lost a lawsuit over the way the Interior Department distributes federal funds.
In 1988, five tribes reached an agreement with the Bureau of Indian Affairs to base federal funds on enrollment, population and land holdings. As the years progressed, the Citizen Potawatomi Nation complained because the formula was limited to data from 1988.
Judge Gladys Kessler first ruled that the other tribes that signed the agreement are affected by the lawsuit. But since they enjoy sovereign immunity, they can't be joined without their consent, Kessler said.
But, noting a possible appeal, Kessler ruled on the merits of the case. She determined that the Interior Board of Indian Appeals made a "rational" decision to uphold the 1988 limit in the agreement.
"The court's task is to ensure that the board’s decision was not arbitrary and was well reasoned, not to second-guess its correctness," Kessler wrote.
Get the Story:
Oklahoma's Citizen Potawatomie Nation loses federal lawsuit
(The Oklahoman 6/16)
Court Decision:
Citizen Potawatomi Nation v. Salazar (June 12, 2009)
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