Interior Proposes New Fee-to-Trust Regs and New Class III Compact Process Regs, Parts 151 and 293

Here.

From the notice:

The Department of the Interior (Department) invites Tribal Leaders to consult on the Notice of Proposed Rulemaking (NPRM) for the Department’s Land Acquisition regulations, 25 CFR Part 151, and the NPRM for the Department’s Class III Tribal State Gaming Compact Process, 25 CFR Part 293.

25 CFR Part 151, Land Acquisition

Since the Department first promulgated these regulations in 1980, it has developed extensive experience in the fee-to-trust acquisition process.  Relying on that experience and input from Tribes, this proposed rule seeks to make the fee-to-trust process more efficient, simpler, and less expensive to support restoration of Tribal homelands.

25 CFR Part 293, Class III Tribal State Gaming Compact Process

The Department is developing proposed updates to Part 293 to provide clear guidance regarding the Secretary’s review and evaluation process for Tribal-State class III gaming compacts.  The current regulations do not identify the factors the Department considers; rather, those factors are contained in a series of decision letters issued by the Department since the enactment of the Indian Gaming Regulatory Act in 1988.  Recent and ongoing litigation highlights the need for the Department to clarify how it will review or analyze gaming compacts to determine whether they comply with federal law. 

Tribal Consultation

The Department will conduct two virtual consultation sessions and one in-person consultation to obtain further Tribal input on the Part 151 NPRM and the Part 293 NPRM.  The consultation sessions will be open to Tribal leadership and representatives of federally recognized Indian Tribes and Alaska Native Corporations.  Please join us at one or more of the following consultations sessions.

If you would like to provide written comments, please email them to consultation@bia.gov by 11:59 p.m. EST on Wednesday, March 1, 2023.

Parties Renew Motions for Summary Judgment in Sault Tribe Bid for Detroit-Area Casino

Here are the new materials in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland (formerly Bernhardt, Zinke, etc.) (D.D.C.):

Time to rumble.

This case is on remand from the D.C. Circuit.

Interior, Mashpee Wampanoag, and Casino Opponents File Cross-Motions for Summary Judgment

Here are the materials (so far) in Littlefield v. Dept. of the Interior (D. Mass.):

Prior post here.

Federal Claims Court Dismisses Takings Claim Brought by Neighbor to Cherokee Casino

Here are the materials in Berry v. United States (Fed. Cl.):

Tenth Circuit Briefs in State of Kansas ex rel. Schmidt v. Dept. of the Interior

Here:

Lower court materials here.

Wyandotte removal trail.

Sault Tribe En Banc Petition in Trust Land Acquisition Case

Here is the petition in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland:

Panel stage materials here.

Saint Mary’s [i.e. Sault Sainte Marie] Canal celebration, reviewing stand and Indian village

Split D.C. Circuit Rules against Sault Tribe in Mandatory Trust Acquisition Appeal [“shall” does not mean “shall”]

Here is the opinion in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland.

Briefs here.

For commentary on legal analysis by reading the dictionary, see Joseph Kimball’s work on the Michigan Supreme Court’s use of dictionaries.

National Archives

Interior’s Acquisition of Wyandotte Nation Trust Land Affirmed

Here are the materials in State of Kansas v. Dept. of the Interior (D. Kan.):

35 Interior Motion to Strike

34 Plaintiffs Motion

40 Interior Brief

36 Response to 35

42 DCT Order

41 Reply

Prior post here.