Mdewakanton Band of Sioux in Minnesota v. Debra Haaland

Summary

Tribal recognition; exhaustion of administrative remedies; Federally Recognized Indian Tribe List Act (25 U.S.C. §§ 5130 et seq.); mandamus. The D.C. Circuit affirmed dismissal of a mandamus action seeking to compel the Secretary of the Interior to add the Mdewakanton Band of Sioux to the list of federally recognized tribes, holding that the tribe must first exhaust the administrative petition process under 25 C.F.R. Part 83. Even claims of recognition based on nineteenth-century congressional enactments, treaties, or statutes require exhaustion before judicial review, as the List Act commits recognition decisions to the Secretary's expertise. The court rejected futility arguments, noting that the tribe was not listed and thus Part 83 applied, and that the Secretary had not predetermined the merits.

Holdings

1. Yes, principled of prudential exhaustion require any tribe claiming to be federally recognized to file a Part 83 petition before obtaining judicial review, regardless of the form of pre-List Act evidence (e.g., treaties, statutes, or agency action).
2. No, the futility exception does not apply because Part 83 applies to appellants (they are not listed) and there is no claim that Interior predetermined the merits of their recognition claim.

Questions Presented

1. Whether the appellants were required to exhaust the Part 83 administrative process before seeking judicial review to compel the Secretary to add the Mdewakanton Band to the list of federally recognized tribes.
2. Whether the futility or inadequacy exceptions to the exhaustion requirement apply.

Disposition

affirmed