IGRA – Page 9 – Turtle Talk

The Pokagon Band followed all of the requirements outlined in IGRA – a federal statute – to achieve federal approval for its Gaming Revenue Allocation Plan. Once that RAP was approved, the Band’s sovereignty ensured that it became the sole and exclusive authority for creating and defining property rights for payments it authorized. The RAP’s plain language prevented the creation of any vested property right or interest, and any intangible right to payment was unique to the individual tribal member. As a consequence, the debtor had no property interests that would be considered property of the estate under § 541(a). Additionally, even outside of the Pokagon Band’s sovereign authority to create and define property rights, the per capita payments are not property of the estate in policy, logic, or equity.

D.C. Circuit Rejects Yocha Dehe Wintun Nation Intervention in Scotts Valley Band Pomo Indian Lands Case

July 6, 2021Matthew L.M. Fletcher

Here is the opinion in Yocha Dehe Wintun Nation v. Dept. of the Interior.

Briefs:

Yocha Dehe Brief

Federal Brief

Scotts Valley Brief

Lower court materials here.

SCOTUS Denies Cert in Club One Casino v. Haaland

June 21, 2021Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage briefs in Club One.

Ninth Circuit Decides Kalispel Tribe of Indians v. Dept. of the Interior

June 1, 2021Matthew L.M. Fletcher

Here.

Briefs here.

Jamul Action Committee v. Simermeyer Cert Petition

May 13, 2021Matthew L.M. Fletcher

Here:

Jamul Pet2

Questions presented:

1. Whether, in 1994, Congress eliminated the distinction between “historic tribes” and “created tribes” and, thereby, eliminated the requirement that a tribe must have pre-existed the United States to have tribal immunity

2. Whether the JIV, which became a quarter-blood Indian group in 1996, is a federally recognized tribe, with tribal immunity, by virtue of the fact that it is still on the list of “Indian tribal entities” eligible to receive BIA services.

Lower court materials here.