Reservation Diminishment: Implications for Tribal Taxing Powers over Non-Members
Introduction: Writing another chapter in its long-running book regarding whether boundaries of Indian Reservations across the country have been diminished or reduced by Congressional action, on March 22, 2016, the United States Supreme Court issued its opinion in[1. Nebraska v. Parker.[1.Nebraska v….
Bondholders and Trustee Avoid Tribal Court Jurisdiction on Defaulted Bonds
On November 24, 2015, the Seventh Circuit Court of Appeals held that bondholders and their counsel were not required to exhaust tribal court remedies in a case involving a bond transaction in which the parties expressly consented in the transaction documents to…
Enforceability of Arbitration Provisions in Agreements with Tribes or Tribal Entities
Over the past few years, federal courts have seen an influx of cases involving challenges to “payday” lending agreements referencing tribal law or courts, and involving Western Sky Financial, LLC and/or related entities or persons. Some of these agreements include an arbitration…
Washington Court Rules Property Tax Incentive Benefitting Indian Tribes Is Unconstitutional
Agreements for payments in lieu of taxes (PILOTs or PILTs) are used frequently by local governments to incentivize private investment in facilities or infrastructure that will provide a public benefit. A recent case in the State of Washington highlights the risk of…
Tribal Employment Preference Laws
I. Introduction The topic of this paper is tribal employment laws. It is a broad topic. There are over 500 federally recognized tribal nations. According to research, several, possibly most, have employment laws. In addition, several coalitions or agencies provide advice to…
Indigenous Peoples’ Rights to Sacred Sites and Traditional Cultural Properties and the Role of Consultation and Free, Prior and Informed Consent
Download PDF Sacred sites and traditional cultural properties are crucial to the preservation of indigenous peoples’ culture and society, and are increasingly recognized by international and state law and non-governmental entities. This article explores the various legal and non-legal documents addressing sacred…
IRS Concludes Tribe May Pass on to Lessee Investment Credits Associated with Renewable Energy Asset
The Internal Revenue Service’s (“IRS”) recent non-binding decision that a Tribe could pass on investment credits associated with renewable energy assets to the Tribe’s lessee may encourage future development on tribal lands because the non-tribal developer can benefit from the Tribe’s investment…
The Pueblo of Sandia’s Leasing Regulations and What Businesses Need to Do to Enter into Leases
The Pueblo of Sandia (“Pueblo”) was the first tribe in New Mexico, and the second in the United States, to receive approval by the Secretary of the Interior for its tribal leasing regulations promulgated under the Helping Expedite and Advance Responsible Tribal…