Tenth Circuit Applies Quiet Title Act in Tribal Challenge to Trust Acquisition–UPDATED with Briefs

Big case. Here is the opinion in Iowa Tribe v. Salazar.

Briefs and other materials:

Iowa Tribe and Sac & Fox Nation Opening Brief

Interior Answer Brief

Iowa Tribe and Sac & Fox Nation Reply Brief

Interior Motion to Take Judicial Notice of Warranty Deed

Order Dismissing Sac and Fox Nation as a Party

Michigan Indian Casino Money May Fund College Scholarships

From Native American Times, via Pechanga:

LANSING, Mich. (AP) – Legislation headed for Gov. Jennifer Granholm’s desk would allow Michigan school districts to use money received through agreements with tribal-run casinos to fund college scholarship programs.

The Senate unanimously approved the bill on Wednesday.

Michigan has more than 20 casinos run by American Indian tribes. The tribes have agreements with the state that typically provides 2 percent of certain gaming revenue to local governments, including schools.

The bill would allow school districts covered by those agreements to use their proceeds for scholarships for their graduates.

The legislation sponsored by Republican Sen. Ron Jelinek of Three Oaks was sparked by a plan from New Buffalo schools to fund a scholarship program.

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The legislation is Senate Bill 1097.

Ninth Circuit Holds that Challengers to Graton Rancheria Casino Have No Standing

Here is the unpublished opinion in Stop the Casino 101 Coalition v. Salazar.

News coverage here, via Pechanga.

Runyon v. River Rock Entertainment Authority–Tribal Immunity Forecloses Employment Arbitration

Here is the unpublished opinion from the California Court of Appeals. River Rock is owned by the Dry Creek Rancheria Band of Pomo Indians.

Elem Colony Casino Development Contract Voided; Arbitration Vacated

Here are the materials in Elem Indian Colony of Pomo Indians v. Pacific Development Partners X (N.D. Cal.):

DCT Order Denying Motion to Modify Arbitral Award

PDP Motion to Vacate or Modify Arbitral Award

Elem Opposition to Motion to Vacate

PDP Reply re Motion to Vacate

Patchak Reply Brief Filed

Here: Patchak v Salazar Appellants Reply Brief 5-25-2010

Other briefs here.

NLRB v. Fortune Bay Appeal Voluntarily Dismissed

Here: Fortune Bay Voluntary Dismissal.

The Bois Fort Band will proceed through the administrative process first.

Lower court materials here.

Challenge to NIGC Rulemaking Authority Ongoing

Here are current materials in Crosby Lodge v. NIGC (D. Nev.), a challenge to NIGC authority to require that 60 percent of on-reservation gaming revenues of non-Indian gaming entities go to tribes (25 CFR 522.10(c)):

Crosby Lodge Motion for Summary Judgment

NIGC Cross-Motion for Summary Judgment

Earlier materials here.

Opening Briefs in First Major Post-Carcieri Challenge to Fee to Trust–Updated

The case is Patchak v. Salazar (D.C. Cir.) and involves the DOI’s taking of land into trust for the Gun Lake Band of Pottawatomi Indians. The land already is in trust.

Here are the opening briefs:

2010-04-09 Patchak Opening Brief

2010-05-10 Gun Lake Answer Brief (Filed)

02 Proposed Brief Amicus Curiae–NCAI

2010-05-10 U.S. Answer Brief

Lower court materials are here.

Tribal Per Caps Make Some Indians Healthier

From Indianz (JAMA Study on Per Caps and Health):

Members of the Eastern Band of Cherokee Indians who received per capita payments from the tribe’s casino were less likely to abuse alcohol and marijuana, according to a study in the Journal of the American Medical Association.

Tribal members began receiving a share of gaming revenues in 1996. The study tracked Eastern Cherokee youth from 1993 through 2006 and found a link between well-being and the payments.

Tribal youth were better off as adults than older tribal members who did not grow up with the revenues, according to the study. And tribal youth fared “significantly” better as adults than non-Indians, researchers found.

The tribe operates the Harrah’s Cherokee Hotel and Casino in western North Carolina.

Get the Story:

Nc American Indians With Casino Income Fare Better (AP 5/18)