Department of Interior

Written Testimony from House Resources Hearing re: New Fee to Trust Guidance

Matthew L.M. Fletcher

From the House Resources Committee:

Witnesses:
Panel 1
The Honorable Carl Artman, Assistant Secretary, Bureau of Indian Affairs, United States Department of the Interior, Washington, DC

Panel 2
The Honorable Lorraine White, Chief, St. Regis Mohawk Tribal Council, Akwesasne, NY
The Honorable Vincent Armenta, Tribal Chairman, Santa Ynez Band of Chumash Indians, Santa Ynez, CA
The Honorable Hazel Hindsley, Tribal Chairwoman, St. Croix Chippewa Indians of Wisconsin, Webster, WI
Mr. Jeff Warnke, Director, Government and Public Relations, Confederated Tribes of the Chehalis Reservation, Oakville, WA

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Kevin Washburn testimony re: New Guidance on Off-Rez Gaming Lands Acquisitions

Matthew L.M. Fletcher

Kevin Washburn has posted on SSRN his testimony for tomorrow’s hearing before the House Resources Committee on the new guidance for the acquisition of off-reservation trust lands for gaming purposes.

St. Croix Chippewa Fee to Trust Litigation Update

Matthew L.M. Fletcher

St. Croix Band of Chippewa lost a motion for a preliminary injunction in their attempt to avoid the new off-reservation gaming rules [see here for Bryan Newland’s analysis of the new rules].

Here are the materials:

Motion for TRO or Preliminary Injunction

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Quechan v. Dept. of Interior (D. Ariz.) — Arizona Clean Fuels Refinery

Matthew L.M. Fletcher

From Indianz [see the briefs and opinion below the fold]:

A federal judge has dismissed the Quechan Nation’s lawsuit over a proposed oil refinery in Arizona.

The tribe said the Bureau of Reclamation, an agency of the Interior Department, failed to address the environmental impact of a land transfer that was authorized by an act of Congress. The judge dismissed the claim as “frivolous.” Arizona Clean Fuels bought the land at issue in the transfer for an oil refinery. But the company has decided to use a different site after the tribe raised questions about the original site.

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Hoopa v. United States (Fed. Cl.) Complaint

Matthew L.M. Fletcher

The latest in this incredible saga — Complaint.

DOJ Seeks Indian Fighters

trentcrable

It seems that DOJ is looking to add to their group of lawyers defending the tribal trust fund mismanagement cases. The posting specifically says that the new hire will be working primarily on trust fund mismanagement cases.

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ATTORNEY VACANCY ANNOUNCEMENT
U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT AND NATURAL RESOURCES DIVISION
NATURAL RESOURCES SECTION
GS-12/15
OPEN: JANUARY 7, 2008
CLOSE: FEBRUARY 1, 2008
VACANCY ANNOUNCEMENT NUMBER:
ENRD-08-022-EXC

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NYTs on Decline of Gaming in the Catskills

Matthew L.M. Fletcher

From the NYTs:

In the Catskills, Wondering if Casinos’ Time Has Passed

The slot-machine casino in Monticello was nearly empty on Wednesday afternoon.

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NYTs Article on Little Shell Band & Federal Recognition

Matthew L.M. Fletcher1 Comment

From the NYTs:

Landless Tribe Waits Federal Recognition

By THE ASSOCIATED PRESS
Published: January 5, 2008

GREAT FALLS, Mont. (AP) — Long after the Little Shell Tribe of Chippewa was stripped of its land and scores of its people had been moved to Canada, the 4,300 surviving members are fighting to reclaim the shards of their past.

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St. Croix & Bad River Chippewa Trust Acquisition Lawsuit Materials

Matthew L.M. Fletcher

On December 7, 2007, the St Croix Tribe of Chippewa filed a suit against Dirk Kempthorne and Carl Artman. The Tribe has been working with the Bad River Chippewa and the City of Beloit (Wisconsin) to develop a casino in the city (which is not located within either Tribe’s reservation). The suit alleges that DOI has reversed its procedure of applying the two-step IGRA section 20 determination before the 25 CFR Part 151 determination. The Tribe claims that seeking the Part 151 determination first will be futile because of Secretary Kempthorne’s personal views on off-reservation gaming. The Tribes have already spent a great deal of time and money in developing the plan, meeting the requirements of the various applicable environmental laws, et cetera.

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Assiniboine & Sioux et al. v. Kempthorne Materials

Matthew L.M. Fletcher

Thirty-seven individual cases raising the same claims as in the Cobell litigation had been spun off from that massive case in the past few years. The United States moved to remand and stay these cases to the Department of Interior. Yesterday, Judge Robertson declined that motion.

Here are the relevant materials:

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