fee to trust – Page 28

As part of the Obama Administration’s all-of-the-above energy strategy to expand domestic energy production, Secretary of the Interior Ken Salazar today announced approval of a ‘land-into-trust’ application from the Three Affiliated Tribes of the Fort Berthold Reservation. Today’s action is one in a series of necessary approvals that will enable the tribes to build the first U.S. refinery in decades, supporting American made energy – including domestic resources from the Bakken Formation – while also creating jobs.
“Today’s historic decision is another step forward in the Obama Administration’s all-of-the- above energy strategy and commitment to strengthen Tribal communities and generate jobs for rural America,” Salazar said. “By working with the Mandan, Hidatsa and Arikara people to place this land into trust status, we are supporting infrastructure that will help bring American oil and gas to market while promoting Tribal economic development and self-determination regarding land and resource use.”

Federal Court Remands Oneida Indian Nation Trust Acquisitions to Interior for Reconsideration in Light of Carcieri

September 25, 2012Matthew L.M. Fletcher

Here are the massive materials in New York v. Salazar (N.D. N.Y.):

DCT Order

New York Motion for Summary J

Interior Motion for Summary J

Oneida Indian Nation Motion for Summary J

New York Opposition

Interior Opposition

Oneida Indian Nation Opposition

New York Reply

Interior Reply

Oneida Reply

Here are posts on the constitutional challenges to the trust acquisition from way back (here and here). And our sadly prescient commentary from 2008 here.

Split Ninth Circuit Panel Affirms Gila River Indian Community v. United States

September 11, 2012Matthew L.M. Fletcher2 Comments

Here is today’s opinion.

An excerpt:

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendale”) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“the Nation”), a 54-acre parcel of land known as Parcel 2. The Nation hopes to build a destination resort and casino on Parcel 2, which is unincorporated county land, entirely surrounded by the City of Glendale. To say this plan has been controversial is an understatement. But the strong feelings and emotional drama of the casino fight do not dictate the outcome here. This appeal relates only to the status of the land as trust land and does not involve the particulars of Indian gaming, which are the subject of separate proceedings and pending legislation. The district court granted summary judgment for the government after concluding that the Secretary of the Interior reasonably applied the Gila Bend Indian Reservation Lands Replacement Act (“Gila Bend Act”), and that the Act did not violate the Indian Commerce Clause or the Tenth Amendment. We affirm.

Briefs here.

Lower court materials here.