Court of Claims Decision in Jicarilla Apache Nation v. United States


Plaintiff has demonstrated that, during the period from February 22, 1974, to September 30, 1992, defendant breached its fiduciary duties to the Nation by mismanaging the Nation’s trust assets and other funds. Plaintiff has established all the traditional elements for recovery of damages on those breach claims. Based on the foregoing, the court finds that, for the period in question, plaintiff is entitled to damages in the amount of $21,017,491.99 – $21,015,651.45 on its underinvestment claim and $1,840.54 for its deposit lag claim. Plaintiff is entitled to recover nothing on its negative interest claim, which claim is dismissed for lack of jurisdiction. On or before June 17, 2013, the parties shall file a joint status report indicating how this case should proceed. Said report shall also discuss whether any form of additional relief is currently required under 28 U.S.C. § 1491(a)(2).63

Grand Traverse Band Has 145 Acres Placed Into Trust

From the Traverse City Record Eagle:

The Bureau of Indian Affairs last week issued a notice of decision that approved the band’s trust application for five parcels totaling just over 145 acres in Acme and Whitewater townships near Turtle Creek Casino on M-72.

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DOI/BIA Sends Final Section 20 Regulations for Publication in the Federal Register

From Indianz:

In one of his final actions as head of the Bureau of Indian Affairs assistant secretary Carl Artman has finalized the long-awaited Section 20 regulations for gaming on trust land acquired after 1988. The regulations were sent for publication in the Federal Register. They are due to appear tomorrow and will be considered final and effective in 30 days.

The Indian Gaming Regulatory Act bars gaming on lands acquired after 1988. But Section 20 of the law sets out four exceptions: for Oklahoma tribes with former reservations, newly recognized tribes, newly restored tribes and tribes with land claims.

If a tribe can’t meet any of the exceptions, it can still pursue gaming so long as the state governor concurs. This is known as the two-part determination process.

The rules set out criteria for all four of the exceptions, plus the two-part determination process.


D.C. Circuit Affirms Match-E-Be-Nash-She-Wish (Gun Lake) Band’s Trust Land Decision

The D.C. Circuit Court of Appeals held the Department of the Interior’s decision to place land into trust for the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians near Bradley, Michigan did not violate the National Environmental Protection Act nor did Section 5 of the Indian Reorganization Act constitute an unconstitutional delegation of legislative authority.



Other briefs are here.