fee to trust

Current Status of Carcieri Fix Bills

Matthew L.M. Fletcher

From THOMAS:

1. H.R.3697 : To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
Sponsor: Rep Cole, Tom [OK-4] (introduced 10/1/2009)      Cosponsors (5)
Committees: House Natural Resources
Latest Major Action: 11/4/2009 House committee/subcommittee actions. Status: Committee Hearings Held.

2. H.R.3742 : To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
Sponsor: Rep Kildee, Dale E. [MI-5] (introduced 10/7/2009)      Cosponsors (31)
Committees: House Natural Resources
Latest Major Action: 11/4/2009 House committee/subcommittee actions. Status: Committee Hearings Held.

3. S.1703 : A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
Sponsor: Sen Dorgan, Byron L. [ND] (introduced 9/24/2009)      Cosponsors (8)
Committees: Senate Indian Affairs
Latest Major Action: 12/17/2009 Senate committee/subcommittee actions. Status: Committee on Indian Affairs. Ordered to be reported with amendments favorably.

Native America Calling Carcieri Radio Show Archived

Matthew L.M. Fletcher

Monday, March 22, 2010– The Carcieri Fix: (listen)
Last year the Supreme Court ruled in Carcieri v. Salazar that language in the 1934 Indian Reorganization Act does not allow the Interior Secretary to take land into trust for the Narragansett Tribe of Rhode Island because the tribe was not federally recognized in 1934. Tribal leaders immediately turned to their allies in Congress to pass a “Carcieri Fix” – a bill that would reverse the court’s decision. But the fix has not been passed. Does Indian Country have the clout to pull it off? Guests are Matthew Fletcher (Grand Traverse Band of Ottawa/Chippewa) of the Michigan State University College of Law and Jason Giles (Muscogee Creek) Deputy Executive Director/National Indian Gaming Association.

Tohono O’odham Nation v. Salazar Complaint and Materials

Matthew L.M. Fletcher

This involves off-reservation gaming in Glendale, Arizona (Indianz article here).

Here:

TON v. Salazar Complaint

TON Motion for Summary Judgment

Carcieri Fix Talk Monday on Native America Calling

Matthew L.M. Fletcher2 Comments

Here:

Monday, March 22, 2010 (1-2 PM, eastern) – The Carcieri Fix:
Last year the Supreme Court ruled in Carcieri v. Salazar that language in the 1934 Indian Reorganization Act does not allow the Interior Secretary to take land into trust for the Narragansett Tribe of Rhode Island because the tribe was not federally recognized in 1934. Tribal leaders immediately turned to their allies in Congress to pass a “Carcieri Fix” – a bill that would reverse the court’s decision. But the fix has not been passed. Does Indian Country have the clout to pull it off? Guests include Matthew Fletcher (Grand Traverse Band of Ottawa/Chippewa) of the Michigan State University College of Law.

D.C. Circuit Briefing in Butte County v. Hogen (Skibine)

Matthew L.M. Fletcher1 Comment

We reported on the lower court case, a challenge to off-reservation fee to trust for gaming purposes, here.

Briefs:

Butte County Initial Brief

Mechoopda Brief

Butte County Reply Brief

Upstate Citizens Claims re: Oneida Fee to Trust Fail (Mostly)

Matthew L.M. Fletcher

Here are the materials in Upstate Citizens for Equality v. Salazar (N.D. N.Y.), a companion to Central New York Fair Business Assn. v. Salazar (N.D. N.Y.):

DCT Order Granting Partial Summary Judgment

US Motion for Partial Dismissal

Plaintiff Response to Motion for Partial Dismissal

US Reply re Partial Dismissal

US Motion to Dismiss Supplemental Claim

Plaintiff Response to Motion to Dismiss Supp Claim

US Reply re Supp Claim

Wilton Miwok Settlement Threatened by Possible Statute of Limitations Problem

Matthew L.M. Fletcher

The case is Wilton Miwok Rancheria v. Salazar, and involves an agreement to take land into trust for the tribe (both the Me-Wuks and the Miwoks) for gaming purposes. After the settlement was entered and approved by the court, intervenors (Sacramento County and City of Elk Grove) argued that the suit came too late under 28 U.S.C. 2401(a).

A few years back in John R. Sand and Gravel, the Supreme Court said that the statute of limitations under section 2402 (allowing claims against the US in the court of federal claims) was jurisdictional and could not be waived. Two circuits have held that section 2401 is also jurisdictional. Perhaps the Quiet Title Act also is jurisdictional (section 2409).

In this case, the court followed Ninth Circuit precedent decided before John R. and held that section 2401 is not jurisdictional, but specially allowed for an interlocutory appeal to the Ninth Circuit for review, and stayed the judgment.

Here are the materials:

Wilton Miwok DCT Order on Motion to Vacate

Continue reading →

Federal Court Dismisses Private Parties’ Challenge to Oneida Trust Land Aquisition

Matthew L.M. Fletcher

Here are the materials in Central New York Fair Business Assn. v. Salazar (N.D. N.Y.):

US Motion for Partial Dismissal of Complaint

CNYFBA Response to First Motion to Dismiss

US Motion for Partial Dismissal of Amended Complaint

CNYFBA Response to Second Motion to Dismiss

US Reply in Support of Partial Dismissal of Amended Complaint

DCT Order Dismissing Claims

Presumably, other claims on the merits remain (here is the complaint — CNYFBA Complaint, and the amended complaint — CNYFBA Amended Complaint).

Op/Ed on Saginaw Chippewa Fee to Trust Application

Matthew L.M. Fletcher

From the Morning Sun via Pechanga:

The Saginaw Chippewa Indian Tribe is following the lead of many other Tribes across the country by purchasing land, then asking that the land be put into trust by the federal government.

It’s a historical fact that much of the land allotted to the Native people during the 19th century was swindled away from its rightful owners by unscrupulous lumber barons, land barons and railroad barons. Now that the Tribe has substantial resources, it has been quietly but persistently purchasing property.

When land is in trust, there is no question of Tribal sovereignty on that land. The land where the Soaring Eagle Casino & Resort sits has been in trust for decades, and no one questions that the Tribe and the federal government have jurisdiction there; the state, county and Chippewa Township don’t.

There’s also no question that land in trust is not taxable by local governments. There’s no question that local governments’ zoning rules don’t apply there, either.

When the Tribe owns land that’s not in trust, it pays taxes on them. It’s subject to local and state regulation, like land owned by any other property owner. Continue reading →

Op/Ed re: Carcieri Fix

Matthew L.M. Fletcher

From the Traverse City Record-Eagle:

The Grand Traverse Band of Ottawa and Chippewa Indians celebrates its 30th anniversary of federal recognition this year, but nothing, apparently, is sacred in ever-changing federal American Indian policy.

A controversial Supreme Court ruling last year blocks many American Indian tribes recognized by the U.S. Interior Secretary after 1934 from making more land-to-trust applications.

The high court’s Carcieri vs. Salazar ruling on Feb. 24, 2009, and politics surrounding a proposed legislative fix, show just how frustrating, confounding and shameful federal American Indian policy has been over more than two centuries of American history — and apparently still is.

The ruling appears to have no effect on the Grand Traverse Band, which was recognized in 1980. In fact, the Interior Department approved trust status for 78 acres in Antrim County on Dec. 10.

The ruling also does not appear to affect two other area tribes — the Little Traverse Bay Bands of Odawa Indians in Emmet County and the Little River Band of Ottawa Indians in Manistee County, both recognized in 1994 by federal statute. Continue reading →