Eighth Circuit Decides City of Council Bluffs v. Dept. of the Interior [Ponca Gaming]

Here is the opinion.

An excerpt:

In 2017, the National Indian Gaming Commission determined that a parcel of land in Iowa that is held in trust by the United States for the Ponca Tribe of Nebraska is eligible for gaming. The Commission reasoned that the land is eligible as part of “the restoration of lands for an Indian tribe that is restored to Federal recognition.” 25 U.S.C. § 2719(b)(1)(B)(iii). The appellants here, the States of Iowa and Nebraska and the City of Council Bluffs, challenged that decision in the district court. The district court agreed with the Commission that the Ponca Restoration Act, Pub. L. No. 101-484, 104 Stat. 1167 (1990), does not preclude gaming on the parcel. But because the Commission failed to consider a relevant factor in evaluating whether the parcel is restored land for the Tribe, the court remanded the matter for further consideration. The appellants noticed an appeal, arguing that the court erred in its interpretation of the Ponca Restoration Act. We affirm the district court’s order.

Briefs here.

Lower court materials here.

Federal Court Dismisses Remaining Comanche Claims against US over Chickasaw Casino

Here are the materials in Comanche Nation of Oklahoma v. de la Vega [formerly Zinke, then Bernhardt, and now should be Haaland] (W.D. Okla.):

106-1 Second Amended Complaint

113 Motion to Dismiss

120 Response

123 Reply

124 DCT Order

Prior posts here, here, and here.

Gaming Licenses / Investigation Dispute–Peoria Tribe

Here are materials in Qualls & Holden v. Mathews, No. CIV-18-M08 (CIO, Miami, OK) & Holden and Qualls v. Ellis, No. 19-M09 (CIO Miami):

Qualls v. Mathews CIV-18-M08 – Final Order of Dismissal

Qualls v. Mathews CIV-18-M08 – FFCL Supporting Order of Dismissal

Holden v. Ellis, CIV-19-M09 – Findings of Fact and Conclusions of Law

Updates to COVID-19 Tribal Documents Page

National Indian Gaming Commission:

NIGC Budgetary Impacts from Coronavirus Pandemic

Letters to the White House:

4-20-2020 – Tribal Letter to the White House re 100% waiver of FEMA cost and reimbusement adjustment

Oglala Sioux Tribe written comments on the Coronavirus Relief Funds

Oglala Sioux Tribe Second Comments on CRF (Rev. 1)

 

See COVID-19 Tribal Documents updates.

 

Eighth Circuit Briefs in City of Council Bluffs v. Dept. of Interior

Here:

Appellants Brief

Addendum

Federal Appellee Brief

Ponca Tribe Amicus Brief

Reply

Lower court materials here.

NIGC Affirms Approval of Ponca Tribe’s Gaming Ordinance on Remand from Federal Court

Here is the order in In re: Gaming Ordinance of Ponca Tribe of Nebraska:

Revised Amendment to FDO – Ponca NE

The earlier federal court materials are here.

Maurisa Bell, NNALSA 3L of the Year

 

Bell
National NALSA 3L of the Year Award recipient, Maurisa Bell (right).

Maurisa Bell grew up on the Wind River Reservation in Riverton, Wyoming. She is an enrolled member of the Eastern Shoshone Tribe and was also raised around her Northern Arapaho family. In 2015, she graduated from Montana State University in Bozeman, MT and completed the Pre-Law Summer Institute program during the summer of 2016. While in law school, Maurisa served as Vice President and Treasurer for the MSU-NALSA, an Area representative for National-NALSA, and volunteered as a student mentor for the Indigenous Law and Policy Center.

She spent her summers in Washington, D.C. working for the Department of Justice’s Office of Tribal Justice; the National Indian Gaming Commission; and Dentons, US LLP in their Native American Law and Policy practice group. She is a dedicated and driven leader who, in just a few weeks, will graduate from the Michigan State University College of Law.

Maurisa will work for Dentons upon graduation, pursuing her passion in helping tribes and tribal communities.

Congratulations, Maurisa!

Comanche Nation of Oklahoma v. Bernhardt Cert Petition [Chickasaw Gaming]

Here is the petition captioned Comanche Nation of Oklahoma v. Zinke [but presumably will switch to Comanche Nation of Oklahoma v. Bernhardt]:

Companche v Zinke Cert Petition

Question presented:

Whether the “former reservation” exception permitting lands acquired by the United States in trust for an Oklahoma Tribe after the effective date of the Indian Gaming Regulatory Act of 1988 to be devoted to gaming purposes, is applicable to lands not subject to Tribal jurisdiction prior to the acquisition.

Lower court materials here.