Bloomberg on Sea Change on Indian Gaming from Bush’s Interior to Obama’a Interior

Here.

An excerpt:

Skibine said the Bush administration was in the thick of a lawsuit in which tribes sued the federal government for mismanaging reservation land and were reluctant to take more into trust — a precursor to any reservation gaming project that isn’t located on the tribe’s traditional grounds.

The Bush White House was also operating in the midst of the Jack Abramoff lobbying scandal, in which Capitol Hill aides and Republican advocates secretly pitted tribes and Christian groups against one another while raking in millions.

The administration’s policy was presented in a Jan. 3, 2008, Indian Affairs memo that limited how far from a tribe’s existing reservation a casino project could be located.

“No application to take land into trust beyond a commutable distance from the reservation should be granted unless it carefully and comprehensively analyzes the potential negative impacts on reservation life and clearly demonstrates why these are outweighed by the financial benefits of tribal ownership in a distant gaming facility,” Carl Artman, Bush’s assistant secretary of Interior for Indian Affairs, wrote.

Menominee Off-Reservation Gaming Decision

Here is the Interior press release, with a link to the decision.

The decision pdf is here:

Menominee Gaming Decision

“US overhauling process for recognizing Indian tribes”

Here:

http://news.msn.com/world/us-overhauling-process-for-recognizing-indian-tribes

NCAI Statement on Nomination of Michael Connor as Interior Deputy Director

NCAI Statement on the Nomination of Michael L. Connor as
Deputy Secretary for the Department of the Interior

The National Congress of American Indians (NCAI) has released the following statement regarding President Obama’s nomination of Michael L. Connor as Deputy Secretary for the Department of Interior:

“We applaud the nomination of Michael Connor for Deputy Secretary of the Department of the Interior. Throughout Mr. Connor’s career he has proven his commitment to positive working relationships with tribal nations.  Mr. Connor’s work with tribes in his role at the Senate Energy Committee demonstrates he is well prepared for the important duties of the Deputy Secretary to uphold the federal trust responsibility. We are confident that Mr. Connor will be a strong partner for Indian Country and we look forward to working with him to advance our nation-to-nation relationship.”

White House Nomination Information:

Michael L. Connor is the Commissioner of the U.S. Bureau of Reclamation at the U.S. Department of the Interior (DOI), a position he has held since 2009.  Previously, Mr. Connor served as Counsel on the U.S. Senate Energy and Natural Resources Committee from 2001 to 2009.  He served in the Secretary’s Indian Water Rights Office at DOI as Director from 1999 to 2001 and Deputy Director from 1998 to 1999.  Mr. Connor has worked as an attorney in a number of offices at DOI from 1993 to 1997, including the Southwestern Regional Solicitor’s Office, the Division of Indian Affairs, and the Solicitor’s Honors Program.  He was a research assistant in the Natural Resources Law Center at the University of Colorado from 1991 to 1993.  From 1984 to 1990, Mr. Connor worked as a professional engineer in a variety of roles.  He received a B.S. in Chemical Engineering from New Mexico State University and a J.D. from the University of Colorado School of Law.

Federal Court Dismisses Cherokee County Challenge to Quapaw Casino

Here are the materials in Board of Commissioners of Cherokee County Kansas v. Jewell (D. D.C.):

DCT Order Dismissing Cherokee County Suit

Interior Motion to Dismiss

Cherokee County Opposition

Cherokee County Motion for Summary J

Interior Opposition

News coverage here.

Buy Indian Act, Final Rule

The Department of the Interior is finalizing regulations guiding implementation of the Buy Indian Act, which provides Indian Affairs (IA) with authority to set aside procurement contracts for Indian-owned and controlled businesses. This rule supplements the Federal Acquisition Regulation (FAR) and the Department of the Interior Acquisition Regulation (DIAR).

Federal Register here.

Press Coverage here.

Federal Court Dismisses Lower Elwha Tribe from Challenge to Elwha Fish Hatchery

Here are the updated materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.):

126 -ORDER GRANTING TRIBAL MTN TO DISMISS

114 – Tribal Mtn to Dsm – Subject Matter

116 – US Response Tribe Motion Dismiss

117- WFC Response Tribal Motion Dismiss

119 – LEKT Reply to Response – Mtn to Dismiss

Prior posts with materials are here, here, here, and here.

Sen. Feinstein Letter re: Concerns about Interior’s New Policy on Trust Land Acquisition during Litigation

Here:

Sen. Feinstein Letter

Final Regulation on Leasing Approval Process

The regulation is part of the implementation of the HEARTH Act and updates regulations originally established in 1961.

Press Release here.

Final Rule here.

Fact Sheet here.

Interior Disapproves Mashpee Wampanoag Gaming Compact

Here is the disapproval letter:

Patrick 12 Oct 2012

We posted the compact here.