On November 29, 2011, the Bureau of Indian Affairs (“BIA) published in the Federal Register proposed regulations for leasing tribal and individual trust land for business and residential uses. The comment period runs through January 30, 2012. See 76 Fed. Reg. 73,784 (Nov. 29, 2011).    The BIA’s proposed regulations apply to surface leases of trust land only.

November 8, 2011 – Bledsoe Downes, PC has been recognized in the Native American Law and Gaming Law areas in the Phoenix metropolitan market by U.S. News Media Group and Best Lawyers® in the 2011-2012 “Best Law Firms” rankings. The firm received first-tier rankings in Phoenix in Native American Law and Gaming Law. The rankings in their entirety are posted online at http://bestlawfirms.usnews.com. According...

TEDB Extension and Request for Comments On October 31, 2011, the Internal Revenue Service (the “IRS”) published an Announcement regarding the existing tribal economic development bond (“TEDB”) program. The IRS is offering an optional three-month extension process for existing volume cap allocations. Under current IRS guidelines, existing allocations expire December 31, 2011. The new extension...

PR-149 02-2011 For Immediate Release Contact: Shawn Pensoneau (202) 632-7003 NIGC Notice of Inquiry Comment Period Closes February 12, 2011 Washington, DC February 8, 2011 — On January 11, 2011 the Commission embarked on a 6-week government-to-government consultation throughout the country to hear tribal input on which regulations need to be revised, removed, or promulgated and...

The Internal Revenue Service extended the deadline for Indian tribes to issue Tribal Economic Development Bonds (“TED Bonds”) to June 30, 2011. The extension relates to TED Bonds authorized by the IRS in the first tranche of allocations under Notice 2009-51.  In addition, the recent announcement also provides an option for an additional six month extension to December 31, 2011 upon approval by...

Department of Alcoholic Beverage Control did not proceed in a manner contrary to law or in excess of its jurisdiction when it directed an administrative law judge, who was not a judge with the Office of Administrative Hearings, to hear and decide protests against casino’s liquor license application because Business and Professions Code Sec. 24210 authorized the department to employ its own administrative...

Indian tribe’s casino development did not constitute a “project” of city—which entered into municipal services agreement with tribe—under the California Environmental Quality Act where the city had no legal authority over the property upon which the casino was to be situated, and agreement by city to support tribe’s efforts to acquire the land for the casino and to obtain the requisite...

The development arm of the Salt River Pima-Maricopa Indian Community announced plans this week to build a 156-room Marriott hotel, the first ever for the company on U.S. tribal land. Salt River Devco is developing a hotel site southeast of Pima Road and McDonald Drive adjacent to the Chaparral Business Center. Marriott International will operate the hotel under its Courtyard by Marriott brand. It is...

Disenrollment of plaintiffs from Indian tribe, which resulted in a loss of access to certain facilities, did not pose a severe restraint on plaintiffs’ liberty and therefore did not amount to a detention. Alleged potential threat of future eviction was also insufficient. As federal appellate court lacked jurisdiction to review direct appeals of tribal disenrollment decisions, plaintiffs could not...

November 9, 2009: In an action against the U.S. for encroachment onto plaintiffs’ easement, the dismissal of the action for lack of subject matter jurisdiction under the Quiet Title Act is vacated where the district court needed to determine whether plaintiffs could assert jurisdiction under the Federal Tort Claims Act. This case involves land held in trust by the United States for the Mooretown...