Advanced Topics: Tribal Economic Development Spring 2014

First Assignment:

Boldt Decision

Michigan v. LeBlanc:

1985 Consent Judgment in US v Michigan

Second Assignment:

Cobell v. Norton

United States v. Mitchell

Third Assignment:

Indian Long Term Leasing Act 

BIA Indian Leasing Regulations (Read Preamble)

“Leasing, Law, and Land Tenure: Understanding the Impact of the Indian Long Term Leasing Act of 1955 on Indian Land Holdings,” Dustin Frye.SSRN-id2181724-1

Confederated Tribes of Chehalis Reservation v. Thurston County 

Fourth Assignment (Timber):

Menominee Tribe v. United States, U.S. Court of Claims

White Mountain Apache Tribe v. Bracker

The Yakima’s Prescription for Sustainable Forestry, Dr. Markian Petruncio

Fifth Assignment (Oil, Gas, & Minerals)

Merrion v. Jicarilla Apache Tribe

Amoco Production Co. v. Southern Ute Tribe

Southern Ute Tribe Severance Tax Code

*** Recommended reading – We will discuss the following in our fifth class on Oil, Gas & Minerals

BIA: Oil & Gas Outlook in Indian Country

United Nuclear Corp. v. United States

Sixth Assignment (Cigarettes and Gas)

Washington v. Confederated Tribes of the Colville Reservation

City of New York v. Milhelm Attea & Bros.

Wagnon v. Prairie Band of Potawatomi

Seventh Assignment (Section 17 Corporations)

Section 17 of the IRA

Ten Years of Tribal Government Under the IRA (Haas Report)

Fallon Tribal Development Corporation

Amerind Risk Management v. Malaterre

Eighth Assignment (ANCSA)

Alaska Native Claims Settlement Act (Sec. 1601-1613)

GAO Report on Regional Alaska Corporations

Nenana Fuel Co. v. Native Village of Venetie

Tenth Assignment

United States v. Dakota

California v. Cabazon Band of Mission Indians

Senate Report 100-446

Eleventh Assignment (Gaming Compacts)

In order to understand these readings, please review the relevant sections of IGRA governing gaming compacts.  I’ve included the text here:

25 U.S.C. Sec. 2710(d)(3)(A) – Any Indian tribe having jurisdiction over the Indian lands upon which a class III gaming activity is being conducted, or is to be conducted, shall request the State in which such lands are located to enter into negotiations for the purpose of entering into a Tribal-State compact governing the conduct of gaming activities. Upon receiving such a request, the State shall negotiate with the Indian tribe in good faith to enter into such a compact.

(B) Any State and any Indian tribe may enter into a Tribal-State compact governing gaming activities on the Indian lands of the Indian tribe, but such compact shall take effect only when notice of approval by the Secretary of such compact has been published by the Secretary in the Federal Register.

(C) Any Tribal-State compact negotiated under subparagraph (A) may include provisions relating to– (i) the application of the criminal and civil laws and regulations of the Indian tribe or the State that are directly related to, and necessary for, the licensing and regulation of such activity;

(ii) the allocation of criminal and civil jurisdiction between the State and the Indian tribe necessary for the enforcement of such laws and regulations;

(iii) the assessment by the State of such activities in such amounts as are necessary to defray the costs of regulating such activity;

(iv) taxation by the Indian tribe of such activity in amounts comparable to amounts assessed by the State for comparable activities;

(v) remedies for breach of contract;

(vi) standards for the operation of such activity and maintenance of the gaming facility, including licensing; and

(vii) any other subjects that are directly related to the operation of gaming activities.

*  *  *

25 U.S.C. Sec. 2710(d)(8)(A) The Secretary is authorized to approve any Tribal-State compact entered into between an Indian tribe and a State governing gaming on Indian lands of such Indian tribe.

(B) The Secretary may disapprove a compact described in subparagraph (A) only if such compact violates–

(i) any provision of this Act,

(ii) any other provision of Federal law that does not relate to jurisdiction over gaming on Indian lands, or (iii) the trust obligations of the United States to Indians.

(C) If the Secretary does not approve or disapprove a compact described in subparagraph (A) before the date that is 45 days after the date on which the compact is submitted to the Secretary for approval, the compact shall be considered to have been approved by the Secretary, but only to the extent the compact is consistent with the provisions of this Act.

Rumsey Indian Rancheria v. Wilson (Skim)

Sault Ste. Marie Tribe of Chippewa Indians v. Michigan (Skim)

Seminole Tribe of Florida v. Florida (Skim)

Rincon Band of Luiseno Indians v. Schwarzenegger

Dept. of the Interior Letter re Mashpee Wampanoag Gaming Compact

 12th Assignment

NOTE: We are going to combine our discussion of development and internet gaming into one class, so that we can discuss financial services next week.  I’ve trimmed the reading for internet gaming.

Read:

25 U.S.C. Section 2711 (IGRA)

Wells Fargo Bank v. Lake of the Torches Economic Development Corp.

NIGC Notice of Violation 11-02 (Fond du Lac)

NIGC Declination Letter for Gun Lake Tribe

13th Assignment

NIGA Internet Gaming Presentation

Colorado v. Western Sky Financial (Denver County Dist. Court)

Otoe-Missouria Tribe of Indians v. New York Department of Financial Services

Consumer Financial Protection Bureau Decision re Great Plains Lending, LLC

 

 

 

 

 

One Response to Advanced Topics: Tribal Economic Development Spring 2014

  1. Lac du Flambeau Chippewa Indian Tribe is hosting 2nd Annual Tribal Economic Summit, Feb 18-20, 2014. Visit the web site to register at: http://www.ldftribe.com/economic-summit.php

    Conference Agenda
    2nd Annual Economic Development Summit, Lac du Flambeau, WI 54538
    “Developing Green Energy Solutions & Technology Based Business”

    Tuesday, February 18, 2014
    8:00 am – 4:00 pm Registration
    800:am-9:00am Exhibits Open
    Continental Breakfast and Registration
    9:00am-10:00am Prayer/Opening Remarks Introduction by Tribal President Tom Maulson
    10:00 pm- 10:45 pm Gila River Telecommunications “Considerations for Developing your Utility”
    10:45 am-11:00 am Break
    11:00 am -12:00pm John Lewis, Gila River – Tribal Sovereignty & What it means for Economic Development
    12:00 pm-1:00 pm Lunch
    1:00pm-2:00pm Rick Jack & Brent McFarland – Developing your Tribal Business Development Board
    2:00 pm-2:15 pm Break
    2:15 pm-3:00 pm Enertribe – Forrest James – Accessing Technical Assistance to Develop your Tribal Energy & Technology Based Businesses
    3:00 pm-4:00 pm ENERTRIBE – Paul Walk “Fiber Deployment Infrastructure”
    7:00 pm-9:00 pm Reception & Entertainment Musical Stylings of Lenny and Paco

    Wednesday, February 19, 2014
    8:00 am-5:00 pm Registration 8:00 am – 9:00 am Continental Breakfast and Registration
    9:00 am – 10:00 am Prayer/Opening Remarks Bernie Doud/Rick Jack
    10:00 am – 10:45 am Mike Wiggins, Chairman-Bad River Tribe, “Sustenance & Sustainability – Tribal Agriculture”
    10:45 am – 11:00 am Break
    11:00 am-12:00pm Menominee Tribal Enterprises “Sustainable Forestry”
    12:00 pm- 1:00 pm Lunch
    1:00 pm-2:00 pm Craig Oberg-Avant Energy “Developing & Sustaining a Tribal Utility”
    2:00 pm-2:15 pm Break
    2:15 pm-3:00pm Joni Theobald & Ogema Communications Apprentices “Developing a Tribal Apprenticeship to Build a Sustainable Workforce”
    3:00 pm-4:00 pm Mike Murphy & Damon Fleming “Understanding Spectrum over Tribal lands and Implications”
    4:00 pm-5:00 pm Tom Mortensen- RA Smith National “Observing Natural and Historic Patters of Landscape and Hydrology for Site Planning, Landscape and Rainfall Integration”
    7:00pm-9:00 pm Reception & Entertainment: Ms. Kelly Jackson

    Thursday, February 20, 2014
    8:30 am-9:00am Continental Breakfast and Registration
    9:00 am-9:30 am Prayer/Opening Remarks
    9:30 am-11:00 am “Financing businesses in Indian Country”, Jeff Bowman-CEO, Bay Bank, Rick Gerber-CEO, Chippewa Valley Bank
    11:00 am-12:30 pm LUNCH
    12:30pm-2:00 pm Robert A. Rosette Rosette, LLP Attorneys at Law-“Legal Issues Surrounding Tribal Government E-Commerce.”

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