Here are the materials in State of Kansas v. Dept. of the Interior (D. Kan.):
Prior post here.
fee to trust
Secretarial Order 3400: “Delegation of Authority for Non-Gaming Off-Reservation Fee-to-Trust Acquisitions”
Here.
Catawba Nation Prevails against Cherokee Nations in Trust Land Matter
Here is the opinion in Eastern Band of Cherokee Indians v. Dept. of the Interior (D.D.C.):
Briefs here.
D.C. Circuit Affirms Stand Up for California! v. Dept. of Interior [Wilton Rancheria]
Here is the opinion.
An excerpt:
This appeal comes after a seven year effort by the Department of the Interior (“Department”) to acquire land in trust on behalf of the Wilton Rancheria (“Wilton” or “Tribe”) to build a casino. After the Department finalized the acquisition of a parcel of land in Elk Grove, California, Stand Up for California! (“Stand Up”), Patty Johnson, Joe Teixeira, and Lynn Wheat (collectively “Appellants”) sued the Department. They brought a litany of claims, including claims that the Department (1) impermissibly delegated the authority to make a final agency action to acquire the land to an official who could not wield this authority, (2) was barred from acquiring land in trust on behalf of Wilton’s members, and (3) failed to adhere to its National Environmental Protection Act obligations when it selected the Elk Grove location. Appellants and the Department cross moved for summary judgment, and the District Court granted the Department’s motions on all counts. For the reasons set forth below, we affirm the District Court.
Briefs here.
Federal Court Dismisses Remaining Comanche Claims against US over Chickasaw Casino
Here are the materials in Comanche Nation of Oklahoma v. de la Vega [formerly Zinke, then Bernhardt, and now should be Haaland] (W.D. Okla.):
Interior Withdraws Solicitor’s Opinion on Trust Land Acquisition for Alaska Tribes
Interior Takes National Bison Range Into Trust for CSKT
Here:
Club One Casino v. Bernhardt Cert Petition [North Fork Rancheria]
Here is the petition in Club One Casino Inc. v. Bernhardt:
Administrative Law Review Podcast on the Mashpee Wampanoag Tribe’s Federal Recognition Struggle
Here.
On today’s episode of A Hard Look, a Junior Staffer on ALR, Olivia Miller, joins host, Sarah Knarzer, and Professor Matthew Fletcher to discuss the tribal recognition process and the barriers it poses to tribes across the United States, and in particular the Mashpee Wampanoag tribe. Earlier this year, and in the middle of a surging coronavirus pandemic, the Bureau of Indian Affairs announced its intention to revoke the Mashpee Wampanoag’s land from its federal trust. This action is only a continuation of the Mashpee Wampanoag’s four hundred year struggle for tribal survival, dating back to the origins of the Thanksgiving myth.
Olivia and Professor Fletcher discuss Olivia’s comment, which she wrote as part of ALR’s comment writing process, to identify why the tribal recognition process is such a difficult, expensive, and frustrating administrative process for tribes who want and need to be federally recognized.
Federal Court Declines to Enjoin Interior Trust Acquisition of Land for Wyandotte Nation in Kansas
Here are the materials in State of Kansas v. Bernhardt (D. Kan.):
