Miami Tribe of Oklahoma v. United States

Tenth Circuit Affirms BIA Decision NOT to Accept Individual Trust Allotment Devise to Miami Tribe in Kansas City

August 31, 2011August 30, 2011Matthew L.M. Fletcher1 Comment

Here are the materials in Miami Tribe of Oklahoma v. United States:

An excerpt:

This appeal requires us to consider whether the Bureau of Indian Affairs (BIA) properly exercised its discretion to reject a gift of property by a member of the Miami Tribe of Oklahoma to the tribe.

James Smith wanted to transfer to the tribe a portion of his property interest in the Maria Christiana Reserve No. 35, located southwest of Kansas City, where the tribe has plans to develop gaming facilities. Federal law and restrictions on Smith’s fee interest required the BIA to approve any transfer. Citing concerns regarding fractionation of the land interests in the Reserve as well as the longrange best interests of Reserve landowners, the BIA denied Smith’s application to transfer the land. Miami Tribe challenges that decision. We hold the BIA properly exercised its discretion in denying the application.

This appeal also raises a novel jurisdictional question regarding our review of administrative decisions following a remand from district court. In this case, we conclude the government has not abandoned its right to challenge the district court’s remand order, even though the government substantially prevailed in the district court’s final judgment.

For the reasons set forth below, we find the district court erred in its remand order reversing the BIA’s denial of Smith’s application.

Opening Brief in Miami Tribe Challenge to Federal Obligation to Protect Indian Lands

August 19, 2010Matthew L.M. Fletcher

Here:

Miami Tribe Opening Brief

Lower court opinion here.

Miami Tribe Trust Case against US Fails

January 7, 2010January 7, 2010Matthew L.M. Fletcher1 Comment

Here is the opinion in Miami Tribe of Oklahoma v. United States (D. Kan.) — Miami Tribe v US DCT Order

An excerpt:

In this case, Miami Tribe alleges that Defendants stand in a fiduciary relationship with respect to the requested transfer of Smith’s interest in Miami Reserve and with respect to protecting the trust status of Miami Reserve and the jurisdiction of the Miami Tribe over Miami Reserve. According to Miami Tribe, Defendants have breached their trust obligations and fiduciary duties by the BIA’s refusal to approve Smith’s application, refusal to approve the transfer of Smith’s interest in trust for the benefit of Miami Tribe, refusal to timely consider and act on Smith’s appeal of the denial of his request for transfer, failure to protect and recognize Miami Tribe’s jurisdiction over Miami Reserve, and failure to maintain and hold Miami Reserve in trust for the benefit of its Indian owners.

The Court has determined that Miami Reserve is not being held in trust by the United States and, except for a brief period of time after the 1989 partition order, has never been held in trust by the United States. Because Miami Reserve was originally conveyed to Smith’s relative as a restricted allotment, and its status as a restricted allotment has never changed, Defendants do not have any fiduciary duties with respect to its management that may arise from a trust relationship. This would include any fiduciary duty to maintain the status of Miami Tribe as a trust allotment.