Federal Court Remands Yankton Sioux Trust Acquisition to DOI to Allow Review of 23 Documents

Here are the materials in South Dakota v. DOI (D. S.D.):

DCT Order Remanding to Interior

Interior Motion to Dismiss

South Dakota Motion for Summary J

It should be noted that in this case South Dakota is challenging a trust acquisition called the Wagner Heights Addition. The land is to be used for tribal housing, and in fact the tribal housing is already there.

Staudenmaier and Khalsa have published an article on Carcieri and taking land into trust in UNLV Gaming Law Journal

The title is A post-Carcieri vocabulary exercise: what if “now” really means “then”? The cite is 1 UNLV Gaming L.J. 39 (2010).

UPDATE: The article is available here.

Gila River v. United States — Federal Court Affirms Interior Decision to Take Land Into Trust for Tohono O’odham Nation

Here is the opinion, via Indianz.

Here are the key materials:

Glendale Motion for Summary J

GRIC Motion for Summary J

TON Motion for Summary J

USA Motion for Summary J in Gila River v US

 

 

Commentary on Warm Springs Gaming Compact Approval

Here is the Federal Register notice — Fed Reg 03.01.11

From Lance Boldrey:

Here is today’s Federal Register notice announcing that a compact for Warm Springs has been “deemed approved” notwithstanding that the ultimate effectiveness of the compact is conditioned on, among other things, the land being taken into trust at a future date. (The land is not yet in trust.) Although done without fanfare, this confirms that Interior has completely repudiated the so-called “Warm Springs” doctrine put in place during the Bush Administration. That doctrine, which reversed Interior’s historical practice, held that Interior would not approve a site-specific gaming compact unless and until the land was in trust. By rejecting that doctrine, the Obama Administration returns to a more sensible policy of allowing tribes and states to work out the parameters of gaming before land goes into trust.

ASU Indian Law CLE Announcement

“Treaty to Trust to Carcieri:  The Economic Future for Indian Lands CLE Conference”

Hosted by the Sandra Day O’Connor College of Law at ASU’s Indian Legal Program and the American Indian Policy Institute at ASU.

ASU Tempe Campus, Memorial Union, Ventana Ballroom

April 28 – 8:00 am – 5 pm

April 29 – 8:30 am – 1:00 pm

This conference will present and analyze comtemprary issues that impact tribal land management and strategic development.  It will examine the history of Indian lands, integration of culture into planning, impact of global issues on reservation planning, impact of local issues on tribal land use, and the future of the fee-to-trust process.  Participants will leave the conference with a knowledge that will allow tribes to grow and manage their land base in an economically efficient and culturally sensitive manner.

Continue reading

News Coverage of Armijo v. Laguna Pueblo

An excerpt from the ABQ Journal article:

A land dispute between Laguna Pueblo and a rancher prompted the New Mexico Court of Appeals to rule that tribal sovereignty shields tribes and pueblos from lawsuits involving lands they own outside their reservations.

The dispute centers on a 640-acre property in the Mount Taylor foothills. Cibola County rancher Robert Armijo contends he bought the property in 1994 from the Cebolleta Land Grant and has a warranty deed to prove it.

The Pueblo of Laguna claims the parcel is part of 8,300 acres the pueblo purchased in 2008 from Silver Dollar Ranch LLC.

In a Dec. 6 opinion, the Appeals Court found a district court judge lacked jurisdiction to decide who owns the property because the pueblo enjoys immunity from lawsuits, even if the land is outside its boundaries.

A legal concept called tribal sovereign immunity has long protected tribes and pueblos from lawsuits on tribal lands, which are held in trust by the U.S. Department of the Interior.

An attorney representing Armijo said the Court of Appeals ruling extends tribal sovereign immunity to “fee lands” purchased on the open market by tribes and pueblos but not held in trust.

“The decision is problematic,” Belen attorney Tibo Chavez said. “Sovereign immunity elevates the tribes above constitutionally protected property rights.”

The ruling may forestall any type of legal claim related to off-reservation properties owned by tribes and pueblos, he said.

“What if someone was injured on this land?” Chavez said. “Are there applications of negligence law that would apply?”

Albuquerque attorney Daniel Rey-Bear, who represents Pueblo of Laguna, declined to comment on the case.

Continue reading

Grand Ronde Complaint Challenging Interior’s Trust Acquisition for Cowlitz

Here is the complaint: Grand Ronde Complaint.

A companion suit filed by others is here.

ICT Article on Patchak Case

Here.

Federal Court Dismisses South Dakota’s Challenge to BIA Trust Acquisition on behalf of Sisseton-Wahpeton Oyate

Here is that opinion: South Dakota v Salazar.

And the cross-motions:

USA Motion to Dismiss — Sisseton case

SD Motion for Summary J — Sisseton case

It is apparent from South Dakota’s continuing challenges to Section 5 that they are hoping for a vehicle that could eventually justify Supreme Court review of the constitutionality of Section 5.

Clark County v. Salazar: Complaint in Challenge to Cowlitz Trust Acquisition

As Indianz reported. Here is the complaint: County-BIA_lawsuit (from The Columbian website).