DVD: PERSPECTIVES ON TRIBAL LAND ACQUISITION IN 2010: A CALL TO ACTION

  DVD:   
PERSPECTIVES ON TRIBAL LAND ACQUISITION IN 2010:
A CALL TO ACTION 

DVD: PERSPECTIVES ON TRIBAL LAND ACQUISITION IN 2010: A CALL TO ACTION


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PERSPECTIVES ON TRIBAL LAND ACQUISITION IN 2010:

   A CALL TO ACTION

 

Complete Symposium from June 3, 2010 

 

EXCERPT FROM OPENING OVERVIEW BY DOUGLAS NASH & ERIC EBERHARD 

“Great nations, like great men, should keep their word.[1]

 

                On June 3, 2010 the Center for Indian Law and Policy hosted a symposium for tribal leaders, lawyers, law school professors, federal officials, bankers, environmental experts and others to review the status of efforts by Indian tribes to place land in trust for various purposes.  The discussion at the symposium was transcribed by certified court reporters from the Seattle firm of Van Pelt, Corbett, Bellows.  This report contains the Agenda for the symposium, the transcript, copies of the materials used by those who made formal presentations and papers prepared by Professors Anderson and Skibine for inclusion in this report.  The Appendices include various documents related to the fee-to-trust process, including a paper prepared by Professors Rand and Light, all of which will be of interest to attorneys, tribal leaders, federal officials, students and Indian law scholars.  Everything in the report is searchable and each document is linked to the Table of Contents to facilitate the use of the report.

                We are grateful to all of those who attended and participated in the symposium. We thank everyone who made presentations and served on panels or as moderators. We particularly want to thank the tribal leaders who took the time to share their experiences and history.  We also want to offer special thanks to Michael Black, Director of the Bureau of Indian Affairs, Darryl LaCounte, Special Assistant to the Director, Greg Argel, Realty Officer for the Northwest Regional Office of the BIA, Tom Caster, BLM Indian Lands Surveyor and Mary Anne Kenworthy, Staff Attorney in the Pacific Region Office of the Solicitor.  All of these federal officials were in attendance for the entire symposium, offered valuable insights and information in their areas of expertise and were very attentive listeners.

 

[1]              Federal Power Commission v. Tuscarora Indian Nation, 362 U.S. 99,142 (1960) (Justice Black,  Dissenting Opinion).”

FORWARD RESROUCES:

Carcieri v. Salazar and the Meaning of “Under Federal Jurisdiction” :
   
        
Robert T. Anderson, Associate Professor and Director, Native American Law       Center, University of Washington School of Law; Oneida Nation Visiting Professor of Law, Harvard Law School (2009-2015)

Towards a Trust We Can Trust: Taking the Duty to Transfer Land Into Trust for Indian Tribes Seriously 

Alex Tallchief Skibine, S.J. Quinney Professor of Law, University of Utah

CONTENT, JUNE 3, 2010 PERSPECTIVES ON TRIBAL LAND ACQUISITION IN 2010: A CALL TO ACTION

Land Acquisition for America Indians in the Modern Era,

LynDee Wells, Partner, Dorsey & Whitney LLP

Fee-to-Trust Process: Nuts and Bolts

Greg Argel, Realty Officer, Northwest Regional Office, Bureau of Indian Affairs

Tom Caster, Bureau of Land Management Indian Lands Surveyor

NEPA Compliance: Tribal Fee-to-Trust 

David Zweig, President, Analytical Environmental Services 

Land is Everything and Gaming is Not a Dirty Word – So Why Is It So Hard to Game On Newly Acquired Land?

Steven Light, Associate Professor, Institute for the Study of Tribal Gaming Law and Policy, University of North Dakota

Statement of St. Regis Mohawk Tribe

Chief Mark Garrow, St. Regis Mohawk Tribe

Statement of Warm Springs Tribe

Chairman Buck Smith, Warm Springs Tribe

Native American Gaming Insights

Fitch Ratings, November 11, 2009

Finding Money, Running Out of Money
Jeffrey Carey, Managing Director, Native American Banking, Bank of America/Merrill Lynch

 


CONTENT RESOURCES

Ten Years of Tribal Government Under the IRA, Theodore Haas, Chief Counsel, United States Indian Service (1947).


43 Fed. Reg. 32311, Wednesday, July 26, 1978 – Proposed Rule for Land Acquisitions 25 CFR Part 120a.


45 Fed. Reg. 62034, Thursday, September 18, 1980 – Final Rule for Land Acquisitions 25 CFR Part 120a.


47 Fed. Reg. 13326, Tuesday, March 30 1982 Redesignating Part 120a as Part 151.


56 Fed. Reg. 32278, Monday, July 15, 1991 – Proposed Rule to Amend 25 CFR Part 151.


60 Fed. Reg. 32874, Friday, June 23, 1995 – Final Rule Amending 25 CFR Part 151.


61 Fed. Reg. 18082, Wednesday, April 24, 1996 – Final Rule Amending 25 CFR Part 151.


64 Fed. Reg. 17574, Monday, April 12, 1999 – Proposed Rule Amending 25 CFR Part 151.


66 Fed. Reg. 3452, Tuesday, January 16, 2001 –Final Rule Amending 25 CFR Part 151.


66 Fed. Reg. 56608, Friday, November 9, 2001 – Withdrawal of Final Rule


25 C.F.R. Part 151 – Land Acquisitions.


Indian Gaming Paper, Michael Rossetti, Counselor to the Secretary, et al., February 20, 2004.


March 2005 Checklist for Gaming Acquisitions, Gaming-Related Acquisitions and Two-Part Determinations Under Section 20 of the Indian Gaming Regulatory Act, March 7, 2005.


Letter from Deputy Assistant Secretary James Cason to Governor Theodore R. Kulongoski Disapproving the Compact with the Warm Springs Tribe, May 20, 2005.


Guidance on taking off-reservation land into trust for gaming purposes, Assistant Secretary Carl Artman, January 3, 2008.


73 Fed. Reg. 29354, Tuesday, May 20, 2008; 25 C.F.R. Part 292 – Gaming on Trust Lands Acquired After October 17, 1988


Memorandum of Agreement Between the National Indian Gaming Commission and the Department of the Interior, January 14, 2009.


Memorandum  from the Solicitor to the Secretary of the Interior Regarding the Applicability of 25 U.S.C. § 2719 to Restricted Fee Lands, January 18, 2009.


Memorandum  from the Director of the Bureau of Indian Affairs Regarding Off-Reservation Fee-to-Trust Acquisitions for Non-Gaming Purposes, August 25, 2009.


Letter from the Director of the Office of Indian Gaming, Paula L. Hart,  to The Honorable Bert Johnson Regarding Indian Gaming Policies, June 16, 2010.


Memorandum  from the Secretary to the Assistant Secretary-Indian Affairs Regarding Processing Land-into-Trust Applications for Applications Not Related to Gaming, June 18, 2010.


Memorandum  from the Secretary to the Assistant Secretary-Indian Affairs Regarding Decisions on Indian Gaming Applications, June 18, 2010. 

 
Processing Discretionary Fee-to-Trust Applications, 52 IAM 12, June 24, 2010.


The Obama Administration’s “Path Forward on Indian Gaming Policy” and What It Signals for “Off-Reservation” Gaming, Rand & Light, Gaming Law Review and Economics, Vol. 14, Number 6, July 2010 (Reprinted with Permission).


S. 1703 (Introduced on September 24, 2009 by Senator Dorgan and others); H.R. 3697 (Introduced on October 1, 2009 by Representative Cole) and H.R. 3742 (Introduced by Representative Kildee).


S. Rept. 111-247, 11th Cong.,2d Sess., Amending the Act of June 18, 1934 to Reaffirm the Authority of the Secretary of the Interior to Take Land Into Trust for Indian Tribes; S. 1703 as Reported in the Senate.


Gila River Indian Community v. United States of America et. al., September 16, 2010.


City of Glendale v. United States of America et. al., September 21, 2010.


Representative Cole’s Amendment to the Bill Making  Appropriations for Interior, Environment and Related Agencies for Fiscal Year 2011, July 20, 2010, offered and adopted  in the Subcommittee on July 22, 2010.


75 Fed. Reg. 47616-47623, Friday, August 6, 2010,Notices of Availability of EIS’s for Warm Springs, Enterprise Rancheria, North Fork Rancheria and Cloverdale Rancheria; 75 Fed. Reg. 49513,  Friday, August 13, 2010, Notice of Availability of the EIS for the Ione Band of Miwok Indians; 75 Fed. Reg. 52550, Thursday, August 26, 2010, Notice of Final Agency Determination to Acquire Off-Reservation Land for the Tohono O’odham Nation.


Echo Hawk Announces Tribal Consultation on Indian Gaming Land Into Trust Determinations, August 31, 2010.


Approved Gaming Acquisitions Since Enactment of IGRA on October 17, 1988, Prepared by the Bureau of Indian Affairs (June 29, 2010).

 

 

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