Mishewal Wappo Tribe loses decision in federal recognition suit


Frank Salsedo (1929-2009) died without seeing a resolution to the Mishewal Wappo Tribe's federal recognition lawsuit. Photo from Aveleyman

The Mishewal Wappo Tribe of California lost a major decision in its federal recognition lawsuit today.

Judge Edward J. Davila said he would not force the Bureau of Indian Affairs to restore federal recognition to the tribe. He said the tribe waited too long to file a lawsuit after being designated for termination under the California Rancheria Act of 1958.

"A timely action challenging the distribution and termination of the Alexander Valley Rancheria under the CRA should have been filed between 1961 and 1967," Davila wrote in the 19-page decision.

"Since this action was not commenced until forty years later, the court finds that all of the claims asserted by plaintiff in this action are untimely," Davila concluded as he granted a motion for summary judgment submitted by the federal government.

After filing the lawsuit in 2009, the tribe attempted to reach a settlement with the Obama administration but talks failed. The parties went back to court and the government said it would not recognize the tribe.

The tribe could take the case to the 9th Circuit Court of Appeals.

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Judge rules against Wappo tribe (The Napa Valley Register 3/24)

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