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69 Interior Board of Indian Appeals 69 IBIA 1 (2023-2024)

handle is hein.amindian/ibiapp0069 and id is 1 raw text is: United States Department of the Interior OFFICE OF HEARINGS AND APPEALS INTERIOR BOARD OF INDIAN APPEALS 801 NORTH QUINCY STREET SUITE 300 ARLINGTON, VA 22203 WALTER AND CHARLOTTE BARRY, ) Order Dismissing Appeal Appellants, ) ) V. ) ) Docket No. IBIA 17-090 ROCKY MOUNTAIN REGIONAL ) DIRECTOR, BUREAU OF INDIAN ) AFFAIRS, ) Appellee. ) May 17, 2023 Walter and Charlotte Barry (Appellants) appealed to the Board of Indian Appeals (Board) from an April 18, 2017, decision (Decision) of the Rocky Mountain Regional Director (Regional Director), Bureau of Indian Affairs (BIA). The Regional Director affirmed a June 12, 2015, decision by the Blackfeet Agency Superintendent (Superintendent) confirming that a 10-acre parcel, identified by BIA as Tract No. 5264 (Tract), has been held in trust by the United States on behalf of the heirs of Carroll Aubrey (Aubrey), Blackfeet Allottee No. 719, since 1982 and denied Appellants' request to set aside that trust acquisition. The Tract was initially conveyed by Aubrey to the United States in 1934; to a local school district in 1955; and back to the United States in trust for Aubrey's heirs in 1982. Appellants are neighboring property owners. Charlotte Barry is the daughter and apparent heir of Hazel Johnson, a deceased Blackfeet Indian. In 1954, Hazel and William Johnson purchased a 310-acre portion of Allotment No. 719 surrounding, but not including, Tract No. 5264. In 2014, BIA notified Appellants that they were trespassing on the Tract. On appeal, Appellants maintain that the Tract was not properly taken into trust and request that the Board declare void ab initio (i.e., of no legal effect) or vacate the two deeds, approved by BIA on August 24, 1982, and December 14, 1983, respectively, conveying the Tract to the United States in trust for Aubrey's heirs. For the reasons discussed below, we dismiss this appeal both because it is untimely and because Appellants lack standing. 69 IBIA 1

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