This involves off-reservation gaming in Glendale, Arizona (Indianz article here).
Here:
fee to trust
Carcieri Fix Talk Monday on Native America Calling
Here:
Monday, March 22, 2010 (1-2 PM, eastern) – The Carcieri Fix:
Last year the Supreme Court ruled in Carcieri v. Salazar that language in the 1934 Indian Reorganization Act does not allow the Interior Secretary to take land into trust for the Narragansett Tribe of Rhode Island because the tribe was not federally recognized in 1934. Tribal leaders immediately turned to their allies in Congress to pass a “Carcieri Fix” – a bill that would reverse the court’s decision. But the fix has not been passed. Does Indian Country have the clout to pull it off? Guests include Matthew Fletcher (Grand Traverse Band of Ottawa/Chippewa) of the Michigan State University College of Law.
D.C. Circuit Briefing in Butte County v. Hogen (Skibine)
We reported on the lower court case, a challenge to off-reservation fee to trust for gaming purposes, here.
Briefs:
Upstate Citizens Claims re: Oneida Fee to Trust Fail (Mostly)
Here are the materials in Upstate Citizens for Equality v. Salazar (N.D. N.Y.), a companion to Central New York Fair Business Assn. v. Salazar (N.D. N.Y.):
DCT Order Granting Partial Summary Judgment
US Motion for Partial Dismissal
Plaintiff Response to Motion for Partial Dismissal
US Motion to Dismiss Supplemental Claim
Wilton Miwok Settlement Threatened by Possible Statute of Limitations Problem
The case is Wilton Miwok Rancheria v. Salazar, and involves an agreement to take land into trust for the tribe (both the Me-Wuks and the Miwoks) for gaming purposes. After the settlement was entered and approved by the court, intervenors (Sacramento County and City of Elk Grove) argued that the suit came too late under 28 U.S.C. 2401(a).
A few years back in John R. Sand and Gravel, the Supreme Court said that the statute of limitations under section 2402 (allowing claims against the US in the court of federal claims) was jurisdictional and could not be waived. Two circuits have held that section 2401 is also jurisdictional. Perhaps the Quiet Title Act also is jurisdictional (section 2409).
In this case, the court followed Ninth Circuit precedent decided before John R. and held that section 2401 is not jurisdictional, but specially allowed for an interlocutory appeal to the Ninth Circuit for review, and stayed the judgment.
Here are the materials:
Federal Court Dismisses Private Parties’ Challenge to Oneida Trust Land Aquisition
Here are the materials in Central New York Fair Business Assn. v. Salazar (N.D. N.Y.):
US Motion for Partial Dismissal of Complaint
CNYFBA Response to First Motion to Dismiss
US Motion for Partial Dismissal of Amended Complaint
CNYFBA Response to Second Motion to Dismiss
US Reply in Support of Partial Dismissal of Amended Complaint
Presumably, other claims on the merits remain (here is the complaint — CNYFBA Complaint, and the amended complaint — CNYFBA Amended Complaint).
Op/Ed on Saginaw Chippewa Fee to Trust Application
From the Morning Sun via Pechanga:
The Saginaw Chippewa Indian Tribe is following the lead of many other Tribes across the country by purchasing land, then asking that the land be put into trust by the federal government.
It’s a historical fact that much of the land allotted to the Native people during the 19th century was swindled away from its rightful owners by unscrupulous lumber barons, land barons and railroad barons. Now that the Tribe has substantial resources, it has been quietly but persistently purchasing property.
When land is in trust, there is no question of Tribal sovereignty on that land. The land where the Soaring Eagle Casino & Resort sits has been in trust for decades, and no one questions that the Tribe and the federal government have jurisdiction there; the state, county and Chippewa Township don’t.
There’s also no question that land in trust is not taxable by local governments. There’s no question that local governments’ zoning rules don’t apply there, either.
When the Tribe owns land that’s not in trust, it pays taxes on them. It’s subject to local and state regulation, like land owned by any other property owner. Continue reading
News Article on Grand Traverse Band Fee to Trust Issues
From the Traverse City Record-Eagle:
PESHAWBESTOWN — A local American Indian tribe wants to expand its reservation.
Nearly 80 acres of additional land in northwest Michigan is a good start.
The Grand Traverse Band of Ottawa and Chippewa Indians acquired a 78-acre parcel in Antrim County’s Milton Township last week.
Tribal Chairman Derek Bailey said the land trust soon will house 22 residential sites for band members.
The recent land acquisition addressed a “fundamental need” for tribal housing located near Turtle Creek Casino in Williamsburg and Grand Traverse Resort & Spa in Acme, Bailey said.
The parcel originally was zoned for agricultural development, said Chris Weinzapfel, Milton Township zoning administrator. But the band spent $1.5 million on road, sewer, water and electrical improvements, in hopes it could obtain residential zoning rights.
SCIA Trust Acquisition Delay Hearing — Featuring Derek Bailey
Via Indianz.
BIA Fee to Trust Handbook — May 2008
This has been floating around, so we’ll post it here.
Turtle Talk 
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