![](https://www.indianz.com/News/2017/07/27/saulttribemilcsa.jpg)
Still, Cason's denial comes as little surprise. In appearances before Congress and in conversations with tribal leaders at the mid-year session of the National Congress of American Indians -- Payment serves as secretary of the organization -- he repeatedly warned that off-reservation applications will be subjected to greater scrutiny. "Interior believes the process of trust land acquisition for on-reservation parcels is an important and routine matter that creates economic drivers for tribes," Cason said in testimony to the House Subcommittee on Indian, Insular and Alaska Native Affairs. "However, taking off-reservation lands into trust may pose complications for the department, as well as some members of the public, particularly when fee-to-trust applications are for gaming purposes," added Cason, who is a political appointee for President Donald Trump. At the July 13 hearing, Cason noted that the new administration had yet to make a "gaming determination that's final." That changed with the decision on the Sault Tribe's applications, which had been under review at the BIA for more than three years. Yet Cason appeared eager to link his action to the Obama administration, even as he has sought, on other occasions, to distance himself from that era, during which more than 2 million acres was acquired in trust or restored to tribal ownership. In his letter, he said the prior Solicitor of the Interior came up with the "enhancement" criteria because she had mentioned it in a situation involving another Michigan tribe. Cason also said the prior Deputy Assistant Secretary for Policy and Economic Development at the BIA told the tribe that its applications were in danger of being rejected on January 19, the last full day of the Obama administration. The tribe "submitted no new evidence" in the last six months that would have made him go in another direction, he wrote.
The reliance on a 2010 document written by former Solicitor Hillary Tompkins, who was the first Native woman to serve as the top legal officer at Interior, comes after Cason said the Trump team has problems with an opinion she drafted to address uncertainties in the land-into-trust process. The new administration already rescinded one of her pro-tribal opinions because it stood in the way of a controversial oil pipeline supported by the president. According to the Department of the Interior's manual, a Solicitor's M-Opinion is considered binding on the department. But Cason, during the hearing this month, said the one written by Tompkins isn't helpful in reviewing certain land-into-trust applications. On the other hand, a letter like the one Tompkins sent to the Bay Mills Indian Community almost seven years ago, is generally not considered a final decision or one that can stand up to scrutiny in the federal courts. But Cason referenced it anyway in rejecting the Sault Tribe's applications. Trump has yet to nominate someone to serve as Solicitor, something both of his predecessors had accomplished by this time in their first terms in office. He also has not nominated someone to serve as Assistant Secretary for Indian Affairs, the position which oversees the BIA. The new administration has filled the Deputy Assistant Secretary for Policy and Economic Development post with Gavin Clarkson, who is a citizen of the Choctaw Nation. His portfolio includes Indian gaming, according to an July 6 announcement from Secretary Ryan Zinke. But Clarkson's presence doesn't matter. Before he even came on board, Cason was given authority over all off-reservation land-into-trust applications -- even those for non-gaming purposes -- back in April. The decision was made without consulting tribes. The department has since updated its regulatory agenda to include a rule that would impose "new" requirements for off-reservation applications. The proposed regulation could be released as soon as this fall. Relevant Documents:
Notice of Proposed Rulemaking: Off-Reservation Trust Acquisitions and Action on Trust Acquisition Requests (Department of the Interior Unified Agenda for 2017)
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