Entity & Federal Status: Beyond the BIA List
The Claim:
That ATN and the Mendocino Indian Tribal Government are not on the BIA's Federal Register list of recognized tribes.
Our Position:
Federal tribal recognition and authority are not solely or definitively determined by the BIA list. Our status stems from a direct executive branch initiative.
Evidence & Clarification:
- Agency Tribal Nations is a Department of Health and Human Services (HHS) Executive Branch initiative. It is the designated federal interface for tribal nations in its purview. [Link to Document: Economic Development]
- The Department of the Interior enacted this specific initiative, not the BIA. The program acknowledges tribes, including ours, for economic development purposes. [Link to Image: HHS/DATN Final Section]
- Our materials do not "demand" recognition; we operate under authority that was awarded and carried out by the federal government.
Historical & Legal Standing of the Mendocino Indian Reservation
The Claim:
The Mendocino Indian Reservation was discontinued in the 1800s.
Our Position:
While the reservation's status was altered, its existence and the land's unique legal history are incontrovertible and form the basis of our continued claim and jurisdiction.
Evidence & Clarification:
- The reservation was officially stamped and verified by the Department of the Interior in 1908. [Link to Map 1: 1908 Reservation Map]
- Historical documents confirm that while the land was returned to "public land" status, ownership did not change. This critical distinction preserves underlying interests. [Link to Document: Page 22 - Land Returned to Public Land]
- Official government documents continue to specify the boundaries and coordinates of the tribal land associated with the Mendocino Indian Reservation. [Link to Image 1: Specification of Reservation] [Link to Image 2] [Link to Map 2: Coordinates of Tribal Land]
Sovereignty and the Supremacy of Law
The Claim:
Tribes are "domestic dependent nations" and federal law is supreme.
Our Position:
Tribal governments are sovereign states. This sovereignty is recognized in federal law and creates a government-to-government relationship, not one of subjugation.
Evidence & Clarification:
- U.S. Federal Code (26 U.S.C. § 7871) explicitly treats tribal governments as states for many statutory purposes, affirming their sovereign standing. [Link: 26 U.S.C. § 7871]
- The Supremacy Clause applies to conflicts between federal and state law, not to negate the pre-existing sovereignty of tribal nations, which pre-dates the U.S. Constitution.
- The cited legal case was won on a jurisdictional procedural point (venue), not on the merits of our tribal status or our right to levy taxes and fees. The court did not rule that we lack the authority to impose liens for tribally-owed fees.
Cannabis Licensing & Tribal Economies
The Claim:
There is no federal "tribal cannabis license" and tribes cannot authorize activities that violate federal or state law.
Our Position:
Tribal economies are not governed by federal or state cannabis enforcement within the exercise of our sovereign rights. Our Tribal Federal Cannabis Licensing Program is an expression of this sovereignty and a tool for economic development sanctioned under federal initiatives.
Evidence & Clarification:
- Hemp and cannabis are licensed through the tribal government due to sovereign rights. This is a fundamental exercise of self-governance. [Link to Document: Cannabis Industry Participation]
- We operate a legitimate cannabis licensing program for partners within our jurisdiction and across our network.
- This program is part of a broader federal assistance and economic development framework applied to the Mendocino Indian Reservation. [Link to Document: Applying Federal Assistance]
- Our Due Diligence Memorandum outlines the legal and operational basis of this program. [Link to Document: Grant 2021/Due Diligence Memorandum]
Conclusion
Specific Federal Initiative
Our role as an HHS/executive branch interface with documented federal engagement.
Documented Historical Continuity
Verified reservation boundaries and land status from 1908 to present.
Established Legal Sovereignty
Recognition as a sovereign state-like entity under U.S. law (26 U.S.C. § 7871).
Inherent Economic Rights
The sovereign authority to regulate and license economic activity, including cannabis, within our framework.
Our licensing program is built upon this solid foundation of sovereignty and documented federal engagement, not in circumvention of it.