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The Miami Tribe of Indiana’s Fight For Federal Recognition
By: Melissa Ashley Keim , Chippewa Valley Tech. College , ABA Accredited, Paralegal Program Student
Mentored by : Attorney Mark Barker, Chippewa Valley Tech. College Paralegal and Dr. Wendy Makoons Geniusz,
Director of American Indian Studies at the University of Wisconsin-Eau Claire
Abstract
Federal Recognition Criteria
Miami Cultural Background
MNI and the Seven requirements:
Currently, there are two separate tribal Miami entities in
the United States; the federally recognized Miami of Oklahoma
(Western Miami) and the non-federally recognized Miami of
Indiana (Eastern Miami). Without federal recognition, the Miami
of Indiana continue to face economic and social burdens because
they are not eligible for federal benefits. This research project
researches the federal recognition issue from a general perspective
with an independent study of the Miami Tribe of Indiana,
hereafter “MNI”. The MNI have not been federally recognized
since 1897 and currently are fighting to be federally recognized by
the United States government. This project focuses on the issue
from a legal and historical perspective. The researcher is using
various resources including: legal cases from Westlaw, Treaties,
the Code of Federal Regulations, government reports, scholarly
articles and historical documents. This project encompasses three
areas of law; Federal Indian, Constitutional, and International
Policy law with a broader focus on Federal Indian law.
Descend from the Mississippian culture
What the Miami could prove to the United States Government :
Image 3
Woodland nation
That the tribe has existed since the 1900’s.
Speaks a central Algonquian family language called, Myaamia.
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The petitioning community is distinctly Native American
Has lived in IL,OH, OK, KA, WI
The MNI has a governing constitution, created in 1937.
The French met the Miami around 1654 at the tip of the Green Bay
River by Prairie Du Chien, Wisconsin.
Had government relations with France, England, and the United
States throughout history.
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That the petitioners descend from the Miami tribe.
Congressional legislation did not forbid or terminate tribal status.
Image 2
What the Miami could not prove:
Consists of two different tribal nations now.
That they had a consistent governing body over their people since 1900’s.
Miami Tribe of Indiana: non-recognized
Live in a distinctly Miami community.
Miami Tribe of Oklahoma: recognized
Image 1
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Historical Recognition Timeline
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Indian Removal Act
Treaty with Miami 1854
1830
1854
Meshingomesia Allotment Act
January 1, 1872
1979
MNI stripped of Recognition
1881
October 6, 1846
Proposed
determination by
D.O.I.
The MNI started the federal
recognition petition process
Meshingomesia Allotment
July 12, 1990
Sept.30th, 1937
State Recognition
June 9, 1992
1990-2005
Legislation in both
Congressional houses
failed to recognize the
MNI.
MNI Constitution approved by Secretary of State
Miami Removal to KA
MNI gets recognized
Final determination by
D.O.I.
Willis Van Devanter, the Assistant Attorney General of the Department
of Interior stated that the MNI had no legal standing, as a tribe for two reasons.
9 year Judicial appeal
ending with a denial
of Writ of Certiorari
in 2002.
What Now?
The 1881 allotting of land
The final payment of annuities to the MNI for those
allotments of land.
1993-2002
The MNI are trying to seek their recognition through political
means.
The case is stalled in the judicial system because the Supreme
Court will not hear it.
Image 8
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Another thing that the MNI have been advocating for in their tribe is
State recognition in Indiana. On April 14, 2011 the MNI hosted an
informational rally as an advocacy effort to promote the awareness of
the tribe’s right to State recognition.
Willis Van Devanter
Image 10
Special Thanks
Chippewa Valley Technical College Staff:
Attorney Mark Barker, CVTC Paralegal Program Director
Alisa Hoepner Schley, CVTC Student Life Supervisor
Michael Ojibway, CVTC Diversity Student Services Coordinator-Red Cliff Ojibwe
Legal Appeal Timeline
The MNI Inc. v. Babbit, 979 F.Supp. 711
(N.D. Ind. 1996)
The Miami Nation of Indiana’s of Indiana, Inc.(hereinafter
MNI, Inc.) v. Lujan, 832 F. Supp. 253 (N.D. Ind. 1993)
The MNI Inc. v. Babbit, 887 F.Supp.
1158 (N.D. Ind. 1995)
The MNI Inc. v. Babbit, 112 F.
Supp. 2d 742 (N. D. Ind. 2000)
The MNI Inc. v. Babbit, 55 F. Supp. 2d 921 (N.D.
Ind. 1999)
The MNI Inc. v. Norton, 534 U.S. 1129
(2002)
Images
Bibliography
BOOKS
•Law Articles
•Case Law
82 N.D.L.Rev. 490 (2006)
Elizabeth Glenn and Stewart Rafert, The Native Americans (Indianapolis: Indiana Historical Society Press, 2009) 65-102.
• D.O.I. Opinions
Eitelorg Museum of American Indians and Western art.Mihtohseenionki (A People’s Place). (Indianapolis: Indiana. Eitelorg Museum of
25 L.D. 426 (1897)
American Indians and Western Art. 2002) 16.
Rafert, Stewart. The Miami Indians of Indiana. A Persistent People: 1654-1994.( Indianapolis: Indiana Historical Society Press. 1996.) 1-149. •MNI Legal Determination
LEGAL REFERENCES
•Code of Regulations
25 C.F.R. § 83.7
The MNI, Inc v. U.S. D.O.I, 255 F.3d 342
( N.D. Ind. 2001)
Proposed Finding Against Federal Acknowledgement of Miami Nation of Indians, Inc. 55 Fed. Reg. 29,423-29,425 (July 19, 1990)
Final Determination That the MNI, Inc. Does Not Exist as an Indian Tribe. 57 Fed. Reg. 27312-27,313 (June 18,1992)
The Miami Nation of Indiana’s of Indiana, Inc.(hereinafter MNI, Inc.) v. Lujan, 832 F. Supp. 253 (N.D. Ind. 1993)
The MNI Inc. v. Babbit, 887 F.Supp. 1158 (N.D. Ind. 1995)
The MNI Inc. v. Babbit, 979 F.Supp. 711 (N.D. Ind. 1996)
The MNI Inc. v. Babbit, 55 F. Supp. 2d 921 (N.D. Ind. 1999)
The MNI Inc. v. Babbit, 112 F. Supp. 2d 742 (N. D. Ind. 2000)
The MNI, Inc v. U.S. Dept. of the Interior, 255 F.3d 342 ( N.D. Ind. 2000)
The MNI Inc. v. Norton, 534 U.S. 1129 (2002)
1. http:myaamiafoundation.org/images/photos/harvest.jpg
2. Courtesy of Diana Evans New Beginnings March 2011 Powwow Collection
3. http://images.cdn.fotopedia.com/dn8rivrvsocjj-ylvq670Gcro-hd.jpg
4. http://www.ohiohistorycentral.org/images/151.jpg
5. http://myaamiahistory.files.wordpress.com/2011/03/mahkisina.jpg
6. http://www.miamination.com/mto/thpo.html
7. http://www.lloydspitalnikphotos.com/d/1295-4/whip-poor-will_F5R3450.jpg
8. Courtesy of Diana Evans, from her April 14, 2011 photos.
9. Courtesy of Diana Evans, from her April 14, 2011 photos.
10. oyez.org
University of Wisconsin-Eau Claire Staff:
Dr. Wendy Makoons Geniusz, AIS Program Director-Cree
Dr. Lawrence T. Martin, AIS Program Professor and Ex-AIS Program Director-Lac
Courtes Oreilles Ojibwe
Odawa White, Multicultural Affairs Office Counselor Director-Lac Courtes Oreilles
Ojibwe
MNI Tribal Members:
Akima (Chief) Brian Buchanan
Vice Chief John Dunnagan, Tribal Historian
Sarah Siders, MNI Secretary
Erin Dunnagan Oliver, MNI member and 3rd yr. Michigan State Indigenous Law
student
George Ironstruck, Myaamia Project Faculty
Scott Shoemaker, Minnesota State University PHD student and MNI community
member
Diana Evans, MNI community member
Scholars:
Steward Rafert, Miami tribal scholar
Anton Treuer, Bemidji State University Professor-Leech Lake Ojibwe
Other Members of the Community:
Alan Donald Keim and Loretta Gail Jerousek Keim
Special thanks to the University of Wisconsin-Eau Claire Learning and Technologies
Services for printing this poster.