E.D. Okla. Rules in Favor of Cherokee Nation and Remands UKB Trust Application

Download the documents and materials in the matter of The Cherokee Nation v. Jewell et al, 14-cv-00428 (E.D. Okla. May 31, 2017):

The Court ruled a 2011 BIA decision approving an amended land into trust application of the United Keetoowah Band of Cherokee was arbitrary and capricious. On remand, the BIA must obtain Cherokee Nation’s consent to the application per its treaty rights over former reservation land, give full consideration to the jurisdictional conflicts between Cherokee Nation and UKB, the resulting administrative burdens on the BIA, and the effects of Carcieri.

Link: Previous posts

DOI Consultation Notice on DOI Reorganization

Download(PDF): Tribal Listening Sessions on E.O. 13871: Reorganization of the Executive Branch

Acting Assistant Secretary for Indian Affairs, Michael S. Black, invites Tribal leaders to attend one of the listed listening sessions to provide input on improving “efficiency, effectiveness, and accountability” at the Department of the Interior.


Tribe Notifies State of Wisconsin of Intent to Withhold Revenue Sharing Payment

Download(PDF): Letter of Notification

From the Tribe:

The Stockbridge-Munsee Tribe announced today that it has notified the State of Wisconsin of its intent to withhold its revenue sharing payment of $923,000 due to the State’s violation of its gaming compact with the tribe.

The State is in violation of two sections of its compact with the Stockbridge-Munsee by:

  • Allowing the Ho-Chunk Nation to unlawfully operate its Wittenberg Casino on lands not eligible for Indian gaming under IGRA since 2008.
  • Allowing the Ho-Chunk Nation to operate the Wittenberg Casino beyond the scope permitted in Ho-Chunk Nation’s gaming compact with the State since 2008.

More information and supporting documents can be found on the tribal website.

California Indian Law Association CLE Webinar November 30

CILA CLE Webinar

Visit http://www.calindianlaw.org/cle-webinar.html

Please join CILA for its CLE webinar hosted in partnership with Ceiba Legal, LLP on November 30, 2016 at 12:00 p.m.

The webinar is titled “Born Again Compacts: How an Evolution in the Definition of ‘Gaming Facilities’ May Lead to a More Intelligent Design of Intergovernmental Agreements,” and will feature a discussion of the following topics:

  • Kevin Washburn’s recent journal article entitled “Recurring Issues in Indian Gaming Compact Approval,” including a general overview of allowable topics for negotiation under the Indian Gaming Regulatory Act;
  • How ancillary facilities such as hotels have been impermissibly included in compacts and county intergovernmental agreements;
  • Recent California trends related to ancillary facilities and how practitioners can use these new trends to their advantage when negotiating or renegotiating intergovernmental agreements; and
  • The unique ethical issues faced by attorneys when negotiating the best deal for the tribal client may set negative precedent for Indian Country.

Participants will receive 1 CLE credit.

Registration is free for CILA members and non-members may register for $50.00. The $50.00 registration fee includes CILA membership from October 2016 to October 2017.

Federal Bankruptcy Court Holds Sault Tribe Didn’t Waive Immunity

Earlier, the federal district court had held the federal bankruptcy act doesn’t abrogate tribal sovereign immunity.

Here are the materials in In re Greektown Holdings LLC (E.D. Mich. Bkrcy.):

649-1 Motion to Dismiss