Hoopa appendix supporting summary judgment - Schlosser Law Files

UNITED STATES DEPARTMENT OF THE INTERIOR
OFFICE OF HEARINGS AND APPEALS
INTERIOR BOARD OF INDIAN APPEALS
801 NORTH QUINCY STREET, SUITE 300
ARLINGTON, VA 22203
HOOPA VALLEY TRIBE,
v.
Appellant,
ROSS SWIMMER, SPECIAL TRUSTEE FOR
AMERICAN INDIANS, DEPARTMENT OF
INTERIOR,
Appellee.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Docket No. IBIA 07-90-A
PETITION FOR
RECONSIDERATION
April 17, 2007
1. Introduction
On March 27, 2007, the Board of Indian Appeals (“Board”) docketed and dismissed the
Hoopa Valley Tribe’s Notice of Appeal and Statement of Reasons which the Board received the
previous day. Pursuant to 43 C.F.R. § 4.315, the Hoopa Valley Tribe (“Tribe”) respectfully
petitions for reconsideration of the Board’s decision, which is reported at 44 IBIA 210, and
requests that the Board stay the effectiveness of the Special Trustee’s decision subject to this
appeal until the Board rules on the instant Petition.
As explained below, reconsideration should be granted and jurisdiction found to hear this
appeal for the following reasons: (1) the Board has jurisdiction because this is a “dispute” within
the meaning of 25 C.F.R. pt. 1200 and the related provisions in 25 C.F.R. pt. 115, subpart G; and
(2) review by the Board, before the release of tribal trust funds in violation of federal law, is in
the interests of justice because it might prevent substantial money damages liability for the
United States for breach of trust. In addition, the Board may hear this appeal pursuant to
Hoopa Valley Tribe’s
Petition For Reconsideration - 1