Obama Nominates Tracie Stevens to be NIGC Chair

Here:

WASHINGTON – Today, President Barack Obama announced his intent to nominate the following individuals to key administration posts:

  • Tracie Stevens, Chair, National Indian Gaming Commission, Department of the Interior
  • Malcolm D. Jackson, Assistant Administrator for Environmental Information, Environmental Protection Agency

President Obama said, “The American people will be well-served by the skill and experience these two exceptional individuals will bring to their roles. I am confident that they will be tremendous assets to my administration, and I look forward to working with them in the coming months and years.”

President Obama announced his intent to nominate the following individuals to key administration posts:

Tracie Stevens, Nominee for Chair, National Indian Gaming Commission, Department of the Interior

Tracie Stevens has been the Senior Advisor to the Assistant Secretary for Indian Affairs at the U.S. Department of Interior since July 2009. In this role, Ms. Stevens provides policy guidance to the Assistant Secretary regarding tribal issues such as gaming, law enforcement, energy, tribal consultation, economic development, land-into-trust, tribal government disputes, budget priorities, and treaty and natural resource rights. She has also been active in rebuilding the nation-to-nation relationship between Tribes and the Department of Interior. Ms. Stevens is a member of the Tulalip Tribes in Washington State. From 2006 to 2009, Ms. Stevens was a Senior Policy Analyst with the Tulalip Tribe’s government affairs office. Prior to that, she served as a Legislative Policy Analyst (2003-2006) and as Executive Director of Strategic Planning for the Tulalip Casino (2001-2002). In her capacity as Senior Policy Analyst with the Tulalip Tribes, Ms. Stevens also served as the Chair of the Gaming Subcommittee for the Affiliated Tribes of Northwest Indians (2003-2009), the Secretary of the Board of the Directors for the Washington Indian Gaming Association (2002-2009) and as the Northwest Delegate for the National Indian Gaming Association (2003-2009). Ms. Stevens holds a Bachelor of Arts in Social Sciences from the University of Washington-Seattle.

Ninth Circuit Rules in Favor of Suquamish Tribe over Puget Sound Fishing Rights

Here is the Ninth Circuit’s (crabby) opinion in Upper Skagit Tribe v. Washington.

The briefs:

Suquamish Opening Brief

Upper Skagit Tribe Brief

Tulalip Tribes Response Brief

Swinomish Tribe Brief

Port Gamble and Jamestown S’Klallam Tribes Brief

Suquamish Tribe Reply Brief

The key holding:

We conclude that it is at least as likely as not that Judge Boldt meant what he said; the Suquamish treaty territory “include[s] the marine waters of Puget Sound from the northern tip of Vashon Island to the Fraser River.” This broad, unlimited fishery is what Dr. Lane described in her report and testimony. Dr. Lane stated that marine fisheries “are far more difficult to delimit than fresh waters.” She repeatedly underlined that her report did not, and could not, list all of the usual and accustomed fishing locations of the Suquamish. She noted that the Suquamish had more limited resources in their home area than most tribes, and thus had to travel more extensively to fish.

Dr. Lane said that she had no documentary evidence that the Suquamish fished in the San Juan Islands, but nonetheless found it likely that they did so. Judge Boldt agreed, deciding in the absence of any specific evidence that the Haro and Rosario Straits were part of the Suquamish traditional fishing grounds. This demonstrates a lack of specific evidence would not have precluded Judge Boldt from including Skagit Bay and Saratoga Passage in Suquamish’s territory.

And why we think the court is being crabby:

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Parks v. Tulalip — Sovereign Immunity of Tribal Casino

Here are the materials in Parks v. Tulalip Resort Casino, in which the district court for the Western District of Washington dismissed a tort claim against the casino on the grounds of sovereign immunity.

Tulalip Motion to Dismiss

Parks Opposition to Motion to Dismiss

DCT Order to Show Cause

Parks Response to Order to Show Cause

DCT Order Dismissing Claim