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
Fourth Assignment (Timber):
The Yakima’s Prescription for Sustainable Forestry, Dr. Markian Petruncio
Fifth Assignment (Oil, Gas, & Minerals)
*** Recommended reading – We will discuss the following in our fifth class on Oil, Gas & Minerals
Sixth Assignment (Cigarettes and Gas)
Seventh Assignment (Section 17 Corporations)
Eighth Assignment (ANCSA)
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.
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.
25 U.S.C. Section 2711 (IGRA)