Nipmuc Nation sues BIA over federal recognition decision

Monday, January 27, 2014  

The Nipmuc Nation of Massachusetts is suing the Bureau of Indian Affairs in hopes of gaining federal recognition.

The Bush administration rejected the tribe's petition in July 2004. The decision came after the Clinton administration had ruled in favor of one Nipmuc faction in January 2001.

The tribe asked the Interior Board of Indian Appeals to reconsider but the request was denied. So the tribe is turning to federal court.

The BIA "acted arbitrarily and capriciously and have abused their discretion in the handling, consideration and determination of the Nipmuc Nation’s Petition for Federal Acknowledgment, wrongfully rendered a Final Determination that is contrary to law and not supported by substantial evidence, denied the Nipmuc Nation due process of law by applying the incorrect legal standard in its consideration of the standard and burden of proof, and by disregarding substantial evidence duly presented in support of the Petition and denied the Nipmuc Nation equal protection of the law by its refusal to apply federal law and regulations as to the Nipmuc Nation in the same or similar manner that it has applied such laws and regulations to other similarly situated petitioning tribes," the complaint states, The Boston Business Journal reported.

Get the Story:
Nipmuc Nation files federal suit seeking recognition as tribe (The Boston Business Journal 1/27)

Interior board rejects Nipmuc recognition appeals McCaleb reverses recognition decisions (9/28)