Bureau of Indian Affairs

News & Analysis as of

BIA Proposes Rule Revisions for Rights-of-Way on Indian Lands

On June 17, 2014, the Bureau of Indian Affairs (BIA) published proposed revisions to 25 CFR Part 169, whereby the new rule seeks to comprehensively update and streamline the process for obtaining BIA grants of Rights-of-Way...more

Bureau Of Indian Affairs Proposes Regulation To Allow Taking Of Land Into Trust For Tribes In Alaska

After decades of interpreting the Alaska Native Claims Settlement Act of 1971 (ANCSA) to preclude the federal government’s acquisition of land in trust for tribes in Alaska, on May 1, 2014, the Bureau of Indian Affairs...more

Federal Rule and Ninth Circuit Opinion Create Huge Opportunities on Indian Land

In a set of comprehensive regulations affecting non-agricultural leasing on Indian land, the Department of the Interior, Bureau of Indian Affairs made sweeping changes and largely exempted property taxes on permanent...more

Compact Between Mashpee Wampanoag Tribe and Gov. Deval Patrick Approved by Default

The federal Bureau of Indian Affairs allowed the 45-day review period to lapse without issuing a decision, thereby approving a compact between the Mashpee Wampanoag Tribe and Gov. Deval Patrick for a $500 million casino in...more

Bureau of Indian Affairs Finalizes Changes to Land-Into-Trust Procedures in Light of Patchak

In response to last year’s United States Supreme Court case of Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012) (“Patchak”), the Bureau of Indian Affairs (“BIA”) issued a final rule on...more

Ninth Circuit Decision Creates New Tax Opportunities and Challenges in Indian Country

Since the Supreme Court’s 1973 decision in Mescalero Apache Tribe v. Jones, it has been clear that state and local tax authorities could not assess property tax on permanent improvements located on tribal trust land when...more

Second Circuit Holds That States May Tax Non-Indian Property On An Indian Reservation

On July 15, 2013, the United States Court of Appeals for the Second Circuit held that a state may impose a generally applicable personal-property tax on property owned by non-Indians but leased to an Indian tribe and used for...more

BIA Proposes To Eliminate The Trust Land Acquisition Waiting Period

The Bureau of Indian Affairs (BIA) published a proposed rule in the Federal Register that, if adopted, will substantially alter the rights of those who would challenge a decision by the BIA to acquire land in trust for an...more

Bureau of Indian Affairs Proposes Regulations in Light of Patchak

Last year’s decisive (8-1) decision by the United States Supreme Court in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S. Ct. 2199 (2012) (“Patchak”) appeared to be a major blow to tribal gaming and...more

Gaming Legal News - January 24, 2013 • Volume 6, Number 3

In This Issue: - INDIAN COUNTRY AND OBAMA’S CHOICE FOR SECRETARY OF THE INTERIOR: In March, Ken Salazar will leave his well-appointed office at the helm of the Department of the Interior and return to Colorado,...more

Department of Interior Streamlines Lease Approval Process for Developing Renewable Energy Projects on Tribal Lands

The efficiency and transparency of developing wind and solar energy projects on tribal lands have improved considerably as a result of the recent issuance by the Department of Interior (DOI) of its final rule governing leases...more

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