Land Acquisitions | Litigation

BIA considers another land-into-trust shift in gaming cases

Monday, February 25, 2013

The Bureau of Indian Affairs is considering another policy change in light of gaming litigation, according to Indian Country Today.

Regulations require the BIA to publish notice of a land-into-trust acquisition in the Federal Register and in other public venues. Opponents have 30 days to appeal or file a lawsuit.

But in response to the U.S. Supreme Court decision in Salazar v. Patchak, the Obama administration might drop the notice requirement, ICT reports. The ruling opened up land-into-trust acquisitions to a six-year window for lawsuits, so the 30-day period seems moot now.

Patchak already forced the BIA to drop its "self-stay" policy during litigation. The shift was detailed in two lawsuits over off-reservation casinos in California.

Get the Story:
Feinstein, Young Question Interior's New Tribal Land Acquisition Policy; Feinstein's Motives Under Scrutiny (Indian Country Today 2/25)

District Court Decisions:
Cachil Dehe Band of Wintun Indians v. Salazar (January 31, 2013)
Stand Up For California v. DOI (January 29, 2013)