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| | 97-8079 -- Ordinance 59 Association v. United States Dept.of the Interior Secretary -- 12/01/1998 |
 | | Marta Hoilman (Lois J. Schiffer, Assistant Attorney General; David D. Freudenthal, United States Attorney, District of Wyoming; Nicholas Vassallo, Assistant United States Attorney, District of Wyoming; and M. Alice Thurston, Attorney, Department of Justice, Washington, D.C., with her on the brief), Attorney, Department of Justice, Environment and Natural Resources Division, Washington, D.C., for Defendants-Appellees. |
 | | According to the Solicitor of the Department of the Interior, section 163 has limited applicability: "the tribal rolls made under section 163 are required to be used only for the completion of the distribution of such funds as have been segregated under section 162 and remain undistributed." Solicitor's Opinion, May 17, 1941, 1 Op. |
 | | A federal court order compelling the Secretary to comply with the requests of the Association would not have the effect of enrolling Association members in the tribe because tribes, not the federal government, retain authority to determine tribal membership. |
| www.kscourts.org /ca10/cases/1998/12/97-8079.htm (4965 words) |
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