| This webinar explore the effect of the new Interior regulations excluding state taxes on business leases in Indian Country. The panel will describe recent changes to the regulations and chart the course of the litigation ongoing in several states over the new regulations. The panel will also discuss strategies being considered to resolve this longstanding state-tribal conflict outside of the ongoing litigation.
Featured Speakers Wendy S. Pearson, Pearson Law Offices PS, Seattle, WA Bruce Zimmerman, Confederated Tribes of the Umatilla Indian Reservation, Pendleton, OR Joseph C. Lennihan, Attorney At Law, Santa Fe, NM Shana Barehand, Tribal Liaison, Washington Department of Revenue, Olympia, WA For more information and to register click here. PLEASE NOTE: To receive CLE credit you must be logged into the webinar interface for the ENTIRE program (including the Q&A). Partial credit is not available for this program. Please see the CLE Informaton page for more details |
Bureau of Indian Affairs
Federal Court Challenge to Santa Ynez Band of Chumash Indians Membership Decisions Dismissed
Here are the materials in Miranda v. Jewell (C.D. Cal.):
20 Miranda Motion for Summary J
An excerpt:
In the absence of a clear directive in the SYB Articles that blood degree of prospective members should be determined based only on the blood degree of an ancestor as listed on the 1940 Census, the Court declines to second guess the Bureau’s reasonable decision to apply SYB law in the same manner in which the Tribe applied it.
DOI Indian Water Rights Office extends Comment period to December 15, 2014
California COA Decides Gaming Revenue Sharing Dispute involving California Valley Miwok Tribe
Here is the opinion in California Valley Miwok Tribe v. California Gambling Control Commission:
An excerpt:
California Valley Miwok Tribe (the Tribe) appeals following a summary judgment in favor of defendant California Gambling Control Commission (the Commission). In granting summary judgment, the trial court ruled that until the federal Bureau of Indian Affairs (BIA) indicates, by entering into contract for federal benefits with the Tribe, that an internal tribal dispute about the Tribe’s membership and leadership has been resolved, the Commission is justified in continuing to hold in trust for the Tribe certain funds generated from Indian gaming in California that the Commission is required to distribute to the Tribe on a quarterly basis. As we will explain, we conclude that the trial court properly granted summary judgment in favor of the Commission, and accordingly we affirm the judgment.
Briefs here:
Billy Cypress Suit against BIA and IRS
Here is the complaint in Cypress v. United States (S.D. Fla.):
Updated Materials in Paskenta Dispute
Federal Circuit Affirms Council for Tribal Employment Rights v. United States Without Opinion
Briefs and lower court materials here.
Federal Court Complaint in Turtle Mountain Reservation Leasing Dispute
Here is the complaint in Grenier v. Delorme (D.N.D.):
An excerpt:
On or about March 18, 2010, Plaintiffs and Defendant entered into a ten – year Lease of Real Estate (“Lease”) for Defendant’s land located at tract number 324-5065 and described as E/2NE/4, of Section 3, Township 161 N., Range 71 W., Rolette County, North Dakota. This land is not located on the Turtle Mountain Reservation, but is trust land. A copy of the Lease is attached hereto as Exhibit A. Prior to entering into the Lease, Plaintiffs had farmed the land subject to the Lease for over thirty years.
Supreme Court Declines to Review Old Section 81 Appeal
The Court declined to review Quantum Entertainment Ltd. v. Dept. of Interior. Order list here.
Lower court materials here.
Cert stage briefs:
Quantum Entertainment Cert Petition
Turtle Talk 
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