The Interior Board of Indian Appeals has stayed the Bureau of Indian Affairs' December decision to recognize the Clint Halftown faction of the Cayuga Nation as the nation's official leaders.
The stay order was issued on Monday, Jan. 23,
The BIA, which is a branch of the U.S. Department of Interior, released a letter to both factions in December from Eastern Regional Office Director Bruce Maytubby. In that letter, Maytubby recognizes a ballot collection Halftown and his council created where 237 citizens out of 392 that were contacted, gave Halftown statements of support.
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According to the stay order, Maytubby "identified his decision as a 'final agency action,' and not subject to appeal to the Board." Should it have not been challenged, the decision would have ended a more than decade-long dispute over the nation's leadership.
The appeal, filed by chiefs and clan mothers of the Halftown-opposing faction, said the ballot method goes against Cayuga Nation law, and undermines the clan mothers' responsibility of naming council members.
"The BIA decision said I could no longer do that, something the U.S. has no right to say," said Pamela Tallchief, Bear Clan Mother, in a press release. "I am grateful the appeals board is looking carefully at our case."
Dan French, legal counsel for Clint Halftown, could not be immediately reached for comment Thursday.
According to the order, Maytubby has until Feb. 14 to explain "the legal basis of his authority to make the decision a 'final agency action,' and not subject to appeal to the board." The appealing clan mothers and chiefs also have until Feb. 14 to respond to the board, which has not promised an official hearing.
The order ends with an "alternative dispute resolution," which encourages both parties to voluntarily resolve the dispute.
Staff writer Gwendolyn Craig can be reached at (315) 282-2237 or gwendolyn.craig@lee.net. Follow her on Twitter @gwendolynnn1.
