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

Monday, February 25, 2013
Filed Under: Land Acquisitions | Litigation
More on: bia, land-into-trust, patchak, supreme court

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)

Related Stories:
Sen. Feinstein questions new casino land-into-trust strategy (02/05)