Case 3:11-cv-00622-RCJ -VPC Document 9
Filed 08/31/11 Page 1 of 11
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WINNEMUCCA INDIAN COLONY et al.,
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Plaintiffs,
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vs.
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UNITED STATES OF AMERICA ex rel.
DEPARTMENT OF THE INTERIOR et al.,
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Defendants.
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3:11-cv-00622-RCJ-VPC
ORDER
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This case arises out of the refusal of the U.S. Department of the Interior (“DOI”) to
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recognize the current tribal government of the Winnemucca Indian Colony (the “Colony”) and
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the interference of the Bureau of Indian Affairs (“BIA”) with the Colony’s activities on its own
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land. Pending before the Court are motions for a temporary restraining order and for a
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preliminary injunction. For the reasons given herein, the Court grants the motion for temporary
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restraining order in part.
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I.
FACTS AND PROCEDURAL HISTORY
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A.
Tribal Recognition
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In 1972, the Colony adopted a constitution pursuant to the Indian Reorganization Act.
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(Compl. ¶ 1, Aug. 29, 2011, ECF No. 1). In 1986, the Western Nevada Agency of the BIA
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(“WNA”) took control of the Colony’s assets and withdrew its recognition of the colonial
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government, (id. ¶ 2), but by 1990 the BIA had recognized a colonial government and returned
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the Colony’s assets, (id. ¶ 3). That government consisted of Chairman Glenn Wasson and