Indian Law Articles
NIGC Withdraws Class II Proposed Regs
Last Friday, National Indian Gaming Commission ("NIGC") Chairman Phil Hogen said that the agency will not be making its proposed drastic changes to class II gaming regulations. Chairman Hogen stated that the NIGC will still work on new regulations, but will begin from scratch with a new proposed rule. The agency is expected to publish its official withdrawal of both the definitions and classification standards as well as the technical standards it published last year. The NIGC's proposal to alter games that are considered class II has the potential of devastating numerous gaming operations that would be forced to remove games from their facilities that have been classified as class II for many years.
San Manuel v. NLRB, D.C. Cir. (Feb. 9, 2007)
On February 9, 2007, the District of Columbia Circuit handed down its decision in San Manuel v. NLRB. The D.C. Circuit held that the National Labor Relations Act ("NLRA") applies to Indian tribes and their economic enterprises. Although not a surprising result, it is still a disappointing one. In fact, the decision may actually be farther reaching than the National Labor Relations Board's ("NLRB") decision in that the NLRB somewhat limited its decision to economic enterprises while the D.C. Circuit did not overtly leave any opening for what it termed "traditional" governmental operations.
Bush Proposes to Slash Indian Health Care, Education, and Housing Funding
Although the Bush Administration's proposed 2008 budget purports to include a modest increase in overall funding for Indian programs, it includes glaring cuts in Indian health care for Indians residing off-reservation, education programs for Indian children in public schools, and housing improvement programs.
Prairie Band Potawatomi Nation v. Wagnon, 10th Cir. (Feb. 6, 2007)
After remand from the United States Supreme Court to reconsider its decision requiring the State of Kansas to acknowledge and respect vehicle license plates and registrations issued by the Prairie Band Potawatomi Nation, the 10th Circuit once again instructed Kansas that it cannot discriminate against the Nation in recognizing its vehicle registration and licensing.
Indian Affairs Committee Approves Artman Again
On Thursday, after its confirmation hearing of Carl Artman for the position of Assistant Secretary Indian Affairs, the Senate Committee on Indian Affairs once again approved the Bush Administration's nomination of Mr. Artman. During the hearing, Artman was questioned about non-gaming economic development opportunities for Indian tribes. He responded that he believed energy development could provide economic development opportunities for tribes. He was also questioned about his stance regarding off-reservation gaming, but "punted" the question by informing the Committee that the current Secretary of Interior plans on issuing a letter that will express the Secretary's concerns about the issue.
Ford Motor Company v. Todecheene, 9th Cir. (Feb. 1, 2007)
The Ninth Circuit withdrew its 2005 decision in Ford Motor Company v. Todecheene, 394 F.3d 1170 (9th Cir. 2005). The Court determined that last years en banc decision in Smith v. Kootenai College, 434 F.3d 1127 (9th Cir. 2006), "did not resolve the jurisdiction issue presented in" Ford Motor Company. Ford Motor Company, No. 02-17048 at 1162 (Feb. 1, 2007). As a result, the Court determined that it "cannot say that the tribal courts in this case plainly lack jurisdiction over the dispute among Ford Motor Company, the Todecheenes and the Navajo Nation." Id. at 1162-63. As a result, the Ninth Circuit will require Ford Motor Company to exhaust its tribal court remedies, including all appeals. Id. at 1163.
Senate Committee to Re-Consider Artman as ASIA
Even though the Senate Indian Affairs Committee approved Carl Artman and sent his nomination for Assistant Secretary Indian Affairs to the full Senate for confirmation last term, an unrelated partisan dispute kept the full Senate from confirming Artman before the end of the 109th Congress. So, the new Senate Indian Affairs Committee, led by Senator Byron Dorgan (D-ND) will reconsider Artman's nomination to the ASIA position in a hearing on Thursday. The Committee is expected to approve Artman again and send his nomination to the floor of the Senate for confirmation.
Supreme Court Denies Sovereign Immunity Case
The Supreme Court denied cert in Burrell v. Armijo, a 10th Circuit case involving tribal sovereign immunity. The suit was brought by non-Indians who leased land from the Santa Ana Pueblo. The lessees claimed discrimination based on their race. The 10th Circuit upheld the dismissal of the Pueblo from the suit, but remanded the case to the District Court to consider the lessees' claims against individual tribal officials.
Tribal Campaign Donation Limits Defeated
The Senate voted 56-40 against placing limits on the amount of money Indian tribes can donate to political campaigns and parties. Senator David Vitter (R-LA) attempted to attach an amendment to the Senate's larger ethics and reform bill that would have singled out tribes and severely limited their ability to provide political donations. The vote tabled Vitter's amendment.
