BDR LAW

BDR TEDB Comment Post

admin — Mon, 23 Aug 2010 21:11:16 +0000

U.S. Department of Treasury Seeks Comments on Tribal Economic Development Bonds

On July 12, 2010, the Department of the Treasury (“Department”) published in the Federal Register a notice and request (“Notice”) for comments regarding tribal economic development bonds (“TEDBs”). The request was issued pursuant to a directive in the American Recovery and Reinvestment Act (“ARRA”) that the Department conduct a study and report to Congress with recommendations regarding the use of TEDBs.

The Notice requests comments from tribes regarding: (1) whether the state or local governmental standard for tax-exempt governmental bond status should replace the essential governmental function standard; (2) what types of projects and activities should be eligible for financing with private activity bonds; (3) whether and how to apply volume cap allocations to private activity bonds issued by tribes; (4) whether to modify the current restriction that projects funded by TEDBs must be located on reservations; and (5) whether to modify the current restriction against financing gaming facilities with TEDBs.

Other issues are raised in the Notice include a request for comments regarding the scope of tax exempt financing and the unique circumstances faced by tribes.

The deadline to submit comments is September 10, 2010.

BDR NIGC Consultation Post

admin — Mon, 23 Aug 2010 21:09:53 +0000

NIGC Consultation

At the end of June 2010, the National Indian Gaming Commission sent a letter to Tribal leaders seeking comments regarding: 1) how to improve the existing tribal consultation policy; 2) the NIGC’s draft NEPA manual; and 3) the NIGC records retention policy.

The NIGC is conducting consultations in California on July 29 and July 30 regarding the matters discussed above.

Congress Passes Tribal Law and Order Act

admin — Mon, 23 Aug 2010 21:08:07 +0000

Congress passed the Tribal Law and Order Act (TLOA) on July 21, 2010, and the President is expected to sign it into law. This legislation seeks to reform the justice system in Indian country by establishing accountability measures for federal agencies responsible for law enforcement in Indian country and by providing tribes with tools to combat crime locally.

Some of the major provisions include:

Evidence sharing by the federal government with tribal prosecutors
Reports on declinations to prosecute by the DoJ
Enhanced sentencing capability in tribal court
Deputization of tribal police to enforce federal law
Tribal police access to criminal history records
Training to combat domestic and sexual violence

In addition, the legislation provides methods to appoint qualified tribal prosecutors to assist with prosecuting crimes in Indian country; appointment by U.S. Attorneys of tribal liaisons; authorization for cooperative law enforcement arrangements; changes in qualifications for BIA law enforcement officers; increased grant funding for various programs; and enhanced notification procedures regarding sex offenders.

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.

Gov. Schwarzenegger Signs Compact with the Habematolel Pomo of Upper Lake

admin — Sun, 13 Sep 2009 22:34:39 +0000

Courtesy of CA Governors office:

Governor Arnold Schwarzenegger today announced the signing of a compact with the Habematolel Pomo of Upper Lake, located in Lake County. The compact follows a similar blueprint of the compacts Governor Schwarzenegger has previously negotiated in that it provides important benefits to the state, protects both employees and patrons and provides for environmental protections.

“I am pleased we were able to reach an agreement with the Habematolel Pomo of Upper Lake that benefits the members of the tribe as well as the local community and the state,” said Governor Schwarzenegger.

The compact will run through December 21, 2030 and allow a maximum of 750 slot machines at one gaming facility. Under the terms of the compact, the tribe will share 15 percent of annual net win revenues with the state.

The non-monetary aspects of the compact are similar to recent compacts signed by the Governor and reflect the Governor’s priorities. Other provisions of the compact include but are not limited to:

Patron protections: the tribe agrees to binding arbitration before a retired judge for disputes over patron injuries and gambling.
Environmental protections: the tribe must prepare an environmental impact report and negotiate mitigation of any off-reservation impacts with the County.
Employee protections: the tribe has granted employees the right to collectively bargain. The tribe has agreed to participate in the state’s worker’s compensation system and unemployment insurance program, to comply with federal and state occupational health and safety standards and to consent to the jurisdiction of the state agencies and courts enforcing all of those standards. The tribe also has agreed to enhanced employment discrimination provisions.
Revenue Sharing Trust Fund (RSTF): the tribe agrees to pay into RSTF when it operates over 349 slot machines.
Enhanced audit and compliance review procedures.
State inspection of slot machines.
Minimum internal control standards (MICS): The tribe must adopt and comply with standards that meet or exceed the federal National Indian Gaming Commission standards. The MICS are incorporated into the compact as an appendix, which shall be updated periodically by the California Gambling Control Commission and Tribal Gaming Agency, to ensure the MICS keep up with changing technology and industry standards.
The casino must meet or exceed the California Building Code and Public Safety Code as applicable to Lake County.
Problem gambling: the tribe must train supervisors and floor employees on identifying and managing problem gambling, include a responsible gaming message in advertising, provide signage and education materials at conspicuous locations aimed at preventing problem gambling and adopt a code of conduct derived from the American Gaming Association’s code.
Labor provisions: if the tribe employs 250 or more persons in a tribal casino facility, then the provisions of the Tribal Labor Relations Ordinance (TLRO) become effective. TLRO provides for a secret ballot election.

To view the compact and related appendix please visit:

http://gov.ca.gov/pdf/press/2009UpperLakeCompactFinal.pdf

http://gov.ca.gov/pdf/press/2009UpperLakeCompactAppendixA.pdf

Tribal Economic Development Bonds

admin — Thu, 25 Jun 2009 05:47:07 +0000

Tribal Economic Development Bonds – Section 1402 of the American Recovery and Reinvestment Act (“ARRA”) provides for allocation of $2 billion for tribal economic development bonds. Tribes are eligible to apply for the first allocation of $1 billion under the ARRA for projects not exceeding $30 million for a broad range of governmental projects to be used in the exercise of any essential governmental function. Of course, there are limitations such as the funding cannot be used to fund any portion of a building in which class II or class III gaming is conducted or housed or any other property actually used in the conduct of such gaming; or any facility located outside the Indian reservation. The application is due on or before August 15, 2009 for the first allocation. There are also time limits for issuance of the bonds.