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BIA: Regulations Published Regarding Land Leases

admin — Mon, 05 Dec 2011 17:51:47 +0000

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.

Bledsoe Downes, PC listed as Best Law Firm

admin — Tue, 08 Nov 2011 18:46:13 +0000

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 to U.S. News and Best Lawyers®, achieving a high ranking is a “special distinction that signals a unique combination of excellence and breadth of expertise.” In the extensive survey, lawyers evaluated their peers on expertise, responsiveness, integrity, cost-effectiveness, whether they would refer a matter to a firm, and whether they would consider a firm a worthy competitor. Clients were asked to address expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, whether they would refer a matter to a firm, and whether they would refer a another client to the firm.

In addition to information from these surveys, the rankings incorporated the millions of evaluations of thousands of individual leading lawyers collected by Best Lawyers® in its most recent annual survey. All of the quantitative and qualitative data were combined into an overall “Best Law Firms” score for each firm. This data was then compared to other firms within the same metropolitan area and at the national level.

Best Lawyers in America®, is one of the oldest and most respected peer review publications in the legal profession. Earlier this year, Bradley Bledsoe Downes was chosen for inclusion in Best Lawyers in America® 2012. U.S. News & World Report has more than two decades of experience in providing the public with the most accurate and in-depth rankings of a wide range of institutions.

About Bledsoe Downes, PC. Bledsoe Downes, PC is a law firm that offers our clients knowledgeable, cost-effective representation regarding federal Indian law matters. Bledsoe Downes, PC concentrates its practice in federal Indian law, gaming law, civil litigation, tribal government affairs, financial transactions; and economic development.

TEDB Extension and Request for Comments

admin — Tue, 08 Nov 2011 18:45:07 +0000

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 process requires written extension requests to be submitted by November 30, 2011.

In addition, the Announcement proposes certain changes to the existing IRS allocation methodology for TEDBs. The proposed changes would govern the reallocation of the national $2,000,000,000 volume cap for TEDBs, upon the expiration or forfeiture of existing allocations. The IRS estimates that up to 95% or more of the $2 billion in Volume Cap allocations for TEDBs may become available for reallocation as of January 1, 2012. The IRS is seeking public comment on its proposed reallocation process, and the deadline for submitting comments is December 12, 2011.

NIGC Notice of Inquiry Comment Period Closes

admin — Wed, 09 Feb 2011 18:06:58 +0000

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 how should the Commission prioritize the regulations to be addressed. Comment period on the issues addressed in the Notice of Inquiry closes February 12, 2011. Tribes are encouraged to submit their comments to reg.review@nigc.gov or by mail to 1441 L. Street, NW Suite 9100 Washington, DC 20005, or fax at (202) 632-7066.

NIGC Chairwoman, Tracie Stevens commented, “After the comment period closes, the Commission will thoroughly review and examine every comment received and create a regulatory review agenda. We understand that there could be disagreements about our decisions and that disagreement is inevitable, but, we are committed to explaining our reasoning in reaching a particular decision in a transparent manner.”

All information on the regulatory review, including transcripts of consultations can be found by visiting our website at www.nigc.gov.

IRS Extends TED Bond Deadline

admin — Wed, 10 Nov 2010 21:01:58 +0000

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 the IRS of a written Tribal government request.

County of San Diego v. Barona TGA

admin — Fri, 07 May 2010 21:35:58 +0000

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 law judges for the purpose of conducting all hearings under the Alcoholic Beverage Control Act. Administrative law judge, who had made prior ruling on matter, was not required to unilaterally disqualify himself from hearing the matter by Government Code 11425.40 absent further evidence of bias, prejudice or interest, or that the administrative law judge “has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding.”
County of San Diego v. Alcoholic Beverage Control Appeals Board (Barona Tribal Gaming Authority)

Parchester Village Neighborhood Council v. City of Richmond

admin — Mon, 01 Mar 2010 16:23:25 +0000

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 approvals from the Bureau of Indian Affairs, and the governor did not transform the casino into a “project” triggering an obligation by the city to prepare an environmental impact report; MSA was best understood as a mechanism for funding proposed projects that may be modified or not implemented at all depending upon a number of factors, including CEQA environmental review, where the city did not unconditionally commit itself to making any of the physical changes referenced in the MSA. Requirement in MSA that parties negotiate a fire protection and emergency response agreement after the tribe provided the city with its operational plan were not subject to CEQA review where actual options for placement of a firehouse remained vague. MSA’s commitments governing transportation improvements were not subject to CEQA review where it was unclear city had agreed to allow tribe to construct traffic improvements.
Parchester Village Neighborhood Council v. City of Richmond – filed February 24, 2010, First District, Div. One

Salt River Tribe to add Courtyard Marriott

admin — Sun, 28 Feb 2010 18:45:04 +0000

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 scheduled for completion in 2012.

“This is another important first for our community,” said Diane Enos, Salt River president.

Contractors are building a $100 million spring training complex for the Arizona Diamondbacks and Colorado Rockies less than two miles north of the hotel site. It will be the first Major League Baseball stadium on tribal land.

Salt River officials also boast of having the first corporate headquarters on tribal land. That includes Fender Musical Instruments Corp., Cold Stone Creamery and Medicis Pharmaceutical Corp. All three are in office parks along the Loop 101 corridor.

The planned Courtyard by Marriott hotel will serve corporate business travelers and spring training visitors, Enos said.

Salt River also is opening the 497-room Talking Stick Resort in April northeast of Loop 101 and Indian Bend Road. That $400 million project will include a 240,000-square-foot casino with 800 slot machines, 50 poker tables and off-track betting.

The Courtyard hotel will include 3,000 square feet of meeting space.

Courtyard by Marriott is Marriott International’s largest brand with 860 locations in 30 countries and 150 more hotels planned.

Salt River Devco is a 10-year-old asset management and development enterprise of the Salt River tribe. Devco manages 108 acres of land and six commercial buildings with 370,000 square feet of office space at its Chaparral Business Center.

Original article written by Peter Corbett, AZ Central.com

http://www.azcentral.com/news/articles/2010/02/26/20100226salt-river-tribe-plans-marriott.html

Disenrollment is not a detention under ICRA

admin — Mon, 28 Dec 2009 22:40:18 +0000

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 circumvent such jurisdictional limitations by an indirect challenge in the form of a habeas corpus petition. Disenrollment is not analogous to denaturalization. Because plaintiffs had not exhausted their claims for exclusion from reservation or denial of access, appellate court lacked jurisdiction over those claims. Because extension of habeas relief to disenrollment procedures–which were civil proceedings–would circumvent tribal sovereignty and cause undue or precipitous interference with matters such as enrollment, plaintiffs were not eligible for relief under the Indian Civil Rights Act habeas provision.

Robinson v. US, No. 07-17052

admin — Wed, 02 Dec 2009 22:05:08 +0000

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 Rancheria.