Pomo of Upper Lake Explanation Letter

And one more late-Friday-before-the-holiday-(and football game–Go Green!)-document from Interior, the explanation letter from the Secretary on neither approving nor denying the gaming Compact between the Habematolel Pomo of Upper Lake and the state. The letter is here.

Four Secretarial Gaming Decisions Made Today

This information is from a press call with Asst. Sec. Larry Echohawk and Dep. Asst. Sec. Del Laverdure. A press release with fact sheets on each determination is here.

Four Indian gaming applications decisions:

1 positive Secretarial exception determination for Enterprise Rancheria of Maidu Indians, Butte Co., California, for a facility in Yuba County, California, 36 miles from existing headquarters.

1 positive secretarial exception determination for North Fork Rancheria of Mono Indians, for a gaming facility in Madera County, CA, 36 miles from tribal land base.

1 negative decision for Pueblo of Jemez, for gaming facility in Anthony, NM, nearly 300 miles from existing reservation. The decision was based on land into trust regulations, not gaming regulations. Land into trust regs require looking into use for land and distance from Pueblo. Concern was exercising actual government power over a gaming site nearly 300 miles way. Agreements with local units of government meant that local governments would be exercising the governmental power, not the Pueblo.

1 negative decision for Guidiville Band of Pomo Indians, restored for federal recognition in 1991, for gaming facility in Richmond, CA (S.F. Bay Area), more than 100 miles from gaming site. Decision was based on regulations concerning the Rancheria’s historical and modern connections to the land.

ICT Article on Gun Lake/United States Cert Petitions in Patchak Case

Here. An excerpt:

So, the potentially huge question for Indian country revolves around the Quiet Title Act, Fletcher said. “If the immunity barrier in the QTA can be gotten around, then much trust land recently taken into trust could be challenged by virtually anyone who is strongly opposed to trust land acquisitions. What’s remarkable about this case is the standing holding. Basically, all Patchak can prove is that he very strongly opposes Indian gaming. He’s not actually injured by it at all, other than worries about the ‘rural character’ of his community, whatever that means. Wayland and its surrounding townships long have hoped for more industry and economic growth – I know, I grew up there. So it’s just one guy for all we know who doesn’t want that. He’s pretty firmly in a tiny minority,” Fletcher said.

Gun Lake presents a number of arguments in seeking the high court’s review. Because the appeals court decision is on conflict with four other appeals court decisions in similar cases it has “opened a substantial gap” in the federal government’s sovereign immunity under the QTA from litigation challenging its title to trust or restricted Indian lands, as well as federal lands generally, the lawsuit says. If the appeals court ruling is left in place, that means anyone with a gripe could create a challenge in any case in which the federal government “claims an interest” whether it is Indian lands, national parks, public lands, easements or any other lands covered by the QTA’s terms and exceptions.

Also, because the D.C. Circuit hears almost all lawsuits against the federal government, prospective plaintiffs will now be able to “forum shop” their way around the United States’ sovereign immunity in disputes challenging the federal government’s title to land or “avoid the QTA and controlling circuit law altogether by simply filing their lawsuits in the District of Columbia,” the Gun Lake petition says.

The federal government’s petition asks the high court to consider “(w)hether (the Administrative Procedures Act) waives the sovereign immunity of the United States from a suit challenging its title to lands that it holds in trust for an Indian Tribe,” and more directly seeks the high court’s review of the Carcieri ruling in asking “(w)hether a private individual who alleges injuries resulting from the operation of a gaming facility on Indian trust land has prudential standing to challenge the decision of the Secretary of the Interior to take title to that land in trust, on the ground that the decision was not authorized by the Indian Reorganization Act.”

Among the arguments presented by the federal government in seeking the high court’s review is that the Administrative Procedure Act under which Patchak filed his lawsuit against the Interior Department does not allow an end run around the Quiet Title Act’s provision that precludes any person from seeking to divest the United States of title to Indian trust lands.

 

Discovery Update in CACGEC v. Stevens

Here are the materials in this motion to compel discovery, partially granted:

CACGEC Motion for Discovery

NIGC Response

CACGEC Reply

DCT Order on Motion for Discovery

Opening Brief in Bay Mills Appeal to the Sixth Circuit re: Vanderbilt Casino

Here:

BMIC Opening Brief in CA6 Appeal

Tenth Circuit Affirms BIA Decision NOT to Accept Individual Trust Allotment Devise to Miami Tribe in Kansas City

Here are the materials in Miami Tribe of Oklahoma v. United States:

CA10 decision

USA Appellant Brief and Addendum

Miami Tribe Appellee Brief

USA Reply Brief

An excerpt:

This appeal requires us to consider whether the Bureau of Indian Affairs (BIA) properly exercised its discretion to reject a gift of property by a member of the Miami Tribe of Oklahoma to the tribe.

James Smith wanted to transfer to the tribe a portion of his property interest in the Maria Christiana Reserve No. 35, located southwest of Kansas City, where the tribe has plans to develop gaming facilities. Federal law and restrictions on Smith’s fee interest required the BIA to approve any transfer. Citing concerns regarding fractionation of the land interests in the Reserve as well as the longrange best interests of Reserve landowners, the BIA denied Smith’s application to transfer the land. Miami Tribe challenges that decision. We hold the BIA properly exercised its discretion in denying the application.

This appeal also raises a novel jurisdictional question regarding our review of administrative decisions following a remand from district court. In this case, we conclude the government has not abandoned its right to challenge the district court’s remand order, even though the government substantially prevailed in the district court’s final judgment.

For the reasons set forth below, we find the district court erred in its remand order reversing the BIA’s denial of Smith’s application.

People v. Shelton: Suppression of Evidence Obtained by Cabazon Band Casino Security Guard

Here is the unpublished opinion (h/t Pechanga), affirming the suppression of the evidence because of an improper appeal.

The Cabazon Band’s amicus brief is here.

Parties Ordered to Produce Contract Provision that Will Determine Whether Rosebud Sioux Tribe Waived Immunity in Federal Court

Here are the materials in Colombe v. Rosebud Sioux Tribe (D. S.D.), a convoluted case originating in tribal court on whether the tribal court can pierce the corporate veil of a former gaming management partner of the Tribe:

RST v. BBC Entertainment Tribal Court Order

Rosebud Motion to Dismiss

Colombe Opposition

Rosebud Reply

DCT Order in Colombe

Cabazon Band Amicus Brief in Criminal Case re: Authority of Tribal Security to Search for Weapons

Here is that brief, in a case captioned People v. Shelton (Cal. App. 4 Dist.):

Cabazon Amicus Brief

Class Action against High Stakes Bingo Machine Manufacturers Dismissed under Rule 19

This dispute arises from the Poarch Band’s high stakes bingo operations. Poarch Band was not named.

The case is Hardy v. IGT (M.D. Ala.):

Bally Motion to Dismiss

Multimedia Games Motion to Dismiss

Rocket Games Motion to Dismiss

DCT Order Dismissing Hardy Class Action