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

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

CA10 decision

USA Appellant Brief and Addendum

Miami Tribe Appellee Brief

USA Reply Brief

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.

This entry was posted in Author: Matthew L.M. Fletcher, gaming, Research and tagged , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s