Current Court Actions

Involving The Tribal Authority

 

On February 11, 2005, the BIA determined that the matter of tribal authority would have to be resolved by formal organization with the BIA and under the Indian Reorganization Act. That was the Olsen Mandate. In that Mandate, the BIA also determined that Silvia Burley was not the Chairperson for the Tribe and that there would not be any recognition of an intra-tribal forum for resolving the dispute in authority. Shortly after that Olsen Mandate, Yakima Dixie and the members of the Tribe began meeting with the BIA to organize the Tribe. They invited Silvia Burley to participate; but she refused, treating everyone with great hostility and disrespect.

Rather than join with the members, she filed suit in U.S. Federal District Court in an attempt to prevent the BIA from being involved in helping the Tribe in its organization. On June 30, 2006, Burley's suit was Dismissed for failure to state a claim. In other words, she had no basis for preventive the BIA from helping the Tribe to organize. Continuing her obstruction, Burley then filed a appeal of that dismissal in the U.S. Court of Appeals; but on March 31, 2008 the Court of Appeals Affirmed the lower court's Dismissal. Immediately, Burley petitioned the Court for a re-hearing; but on April 24, 2008 that petition was Denied. She delayed the organization by some 3 years, costing the Tribe untold amounts in flim-flam legal representation. Meanwhile, all funds to the Tribe from the State and Federal governments have been frozen.

On November 6, 2006, the BIA gave notice to Silvia Burley and Yakima Dixie that the Bureau would move foward with tribal organization; and soon thereafter, Burley filed an IBIA Appeal. That matter is still Pending. See the pleadings in that case.

On December 14, 2007, the BIA suspended the PL 638 grant money to the Tribe based on the fact that there is no recognized authority for Tribe. Soon thereafter, Silvia Burley filed an Appeal with the Interior Board of Indian Appeals and on June 10, 2008, that Appeal was Dismissed. See the pleadings in that case.

On January 7, 2008, Silvia Burley filed suit against the California Gambling Control Commission in an attempt to have the money that is frozen in the Revenue Sharing Trust Fund released to her. That matter is Pending.

The Tribe deeply regrets and is embarrassed by the actions of Silvia Burley and her family; and we apologizes for their damaging behavior to the BIA, the members of the tribe, and to the Indian communities whom she may have involved in this dispute. She insists on lying and making libelous statements and projecting her guilt on to others. There is nothing we can do about that. Hopefully, the remaining obstructions will be resolved in the near future, and Ms. Burley will be unable to interfere any further with the proper organization of the Tribe, and we can move forward with the help and guidance of the BIA.

Ho!