tribal leasing

NCAI Webinar: Tribal Leasing and Self-Governance Under the HEARTH Act

Sarah M Donnelly

Please register for Tribal Leasing and Self-Governance Under the HEARTH Act on Dec 07, 2017 3:00 PM EST at:

https://attendee.gotowebinar.com/register/2858751509657713153

The Helping Expedite and Advance Responsible Tribal Home Ownership (HEARTH) Act was enacted by Congress in 2012 and provides tribal nations the flexibility to manage their own leases on tribal trust lands. In order to exercise this leasing authority, Tribes must first develop their own leasing regulations, consistent with Bureau of Indian Affairs (BIA) regulations at 25 C.F.R. Part 162, and have them approved by the Secretary of the Interior. Once the leasing regulations have been approved, the Tribe is able to negotiate and enter into leases of tribal trust land without further BIA approval.

Presenters:

  • Cynthia Morales, Trust Services Director, Agua Caliente Band of Cahuilla Indians
  • Matthew Carriaga, Realty Director, Ho-Chunk Nation
  • Jody Cummings, Partner, Steptoe & Johnson
  • Moderator – Jacob Schellinger, NCAI Staff Attorney & Legislative Counsel

This informative webinar will discuss tribal leasing and self-governance under the HEARTH Act.

After registering, you will receive a confirmation email containing information about joining the webinar.

National Intertribal Tax Alliance Amicus Materials in Agua Caliente v. Riverside County (Part 162 Leasing Regs)

Matthew L.M. Fletcher

From NITA:

Agua Caliente Band of Cahuilla Indians v. Riverside County, et al, 5:14-cv-00007-DMG-DBT (United States District Court, Central District of California).  The Aqua Caliente Tribe filed this civil action against Riverside County to stop the collection of taxes on Indian land leaseholders.  The Desert Water Agency intervened in this action.  Riverside County collects possessory interest taxes from Indian land leaseholders and then redistributes much of the money to cities, schools and other local governments.  The Tribe has long viewed as this tax as illegal and views these possessory interest taxes as an unlawful infringement on Tribal sovereignty rights.  The action was filed January 2, 2014 and is set for trial on June 16, 2015.

Here are the materials in Agua Caliente Band of Cahuilla Indians v. Riverside County (C.D. Cal.):

NITA_Request_to_File_Amicus_and_Brief

Opposition_to_File_Amicus_Desert_Water

Opposition_to_File_Amicus_Riverside_County

We posted previously on this case here and here.

Updated Materials in Agua Caliente Tax Matter — Updated 9/10/14

Matthew L.M. Fletcher3 Comments

Here are the new materials in Agua Caliente Band of Cahuilla Indians v. Riverside County (C.D. Cal.):

42-1 Defendants’ Motion for Judgment on the Pleadings

43 Agua Caliente Response

45 Defendants’ Reply

Prior materials here.

Update w/ additional materials:

34 order granting DWA intervention

46 order for supp. MJP briefing

Federal Court Dismisses Claims Relating to Bison Round-Up at Crow

Matthew L.M. Fletcher

Here are the materials in Siemion v. Stewert (D. Mont.):

Tribal Motion to Dismiss

MJ Order in Siemion

DCT Order in Siemion

Here is a description of the case from the MJ order:

Plaintiff Nelvette Siemion (“Siemion”), appearing pro se, filed her Amended Complaint on January 30, 2012, listing 14 counts. Am. Cmplt. (Court Doc. 32). This action stems from three general allegations that one or more of the named Defendants wrongfully (1) deprived Siemion of Crow Tribal land leases to which she was entitled; (2) rounded up, seized, and impounded about 200 head of Siemion’s bison causing her to incur penalties and costs to recover them; and (3) killed, butchered, and distributed the meat from three of Siemion’s bison bulls. The claims and the defendants against whom Siemion asserts them are discussed in more detail below.