Eastern Shoshone Tribe, Wind River Indian Reservation Boundaries
Attorney: Don Wharton

Case Update

NARF has been retained by the Eastern Shoshone Tribe of the Wind River Indian Reservation to analyze the legal implications of the Surplus Land Act of March 3, 1905 for the Shoshone or Wind River Indian Reservation as they may have effected the boundaries of that reservation. We prepared a memorandum which was presented to the Tribal Business Council and to the Tribal General Council. We are also monitoring cases that may have an impact on the issue of whether the boundaries were diminished by the 1905 Act. NARF recently provided a moot court for an attorney arguing a case, State of Wyoming v. Yellowbear, before the Supreme Court of Wyoming which squarely presented the boundary issue. In addition, we continue to monitor cases in the United States District Court for Wyoming and in the 10th Circuit Court of Appeals – an appeal brought by Mr. Yellowbear on a petition for habeas corpus.

In the meantime the Eastern Shoshone Tribe, along with the Northern Arapaho Tribe, have been invited by the Mayor of the City of Riverton to sit down and discuss the important issues related to jurisdiction and boundary to see if an agreement can be reached. The Mayor's invitation has been accepted by Chairman Ivan Posey of the Eastern Shoshone Tribe, and an invitation has been extended to the Chairman of the Northern Arapaho Tribe to join the meeting. On September 15, 2007 NARF provided the General Council with a complete briefing on the issues related to diminishment and talks with the City.