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    How Businesses Can Conduct Business in Tribal Areas

    Tag Archives: Coachella Valley tribal attorney

    Farmers and Tribes have a long standing feud over The Trinity River. Since the 1930s, the farmers have been using water from the river and a dam was approved in 1955 with construction finishing in 1962. The problem is that the Yurok have relied on the fishing from the surrounding rivers to survive. When the farmers are depleting the water levels, the fish die off and there isn’t enough food for the members of the tribe. Continue reading

    Tribal law is a complex and unique field, one that has become a truly vital area with the growth of population and the escalation of commercial development. The enforcement of tribal law plays a very important role in guaranteeing that the resources within tribal lands are utilized to the advantage of tribal communities. It also factors heavily into decisions regarding cases that relate to tribal rights. Continue reading

    According to Turtle Talk, this month the U.S. Department of Justice stood in defense of the Agua Caliente Band of Cahuilla Indians who have brought a lawsuit against two California water agencies. The tribe is accusing the Coachella Valley Water District and the Desert Water Agency of mismanaging the groundwater by depleting it and then replenishing it with salty, impure water from the Colorado River. The ongoing conflict is currently in Phase One of litigation. Continue reading

    In the case of Big Lagoon Rancheria v. State of California, the Ninth Circuit of Appeals ruled 2 to 1 that the state had no obligation to negotiate with the tribe on this parcel of land. The tribe wanted to use the land for a new gaming concept and wanted to negotiate under the Indian Gaming Regulatory Act. Continue reading

    The state of California is home to 108 federally recognized Native American tribes and approximately 84 non-recognized tribes. Federally recognized and non-federally recognized Native American tribes both have unique political governments. Non-federally recognized tribes continue to practice their traditional Native American forms of government, and lack official recognition from the United States government. Federally recognized tribes have Native American governmental authority over their lands. For purposes of this guide, LD-IGR addresses governments under the jurisdictions of federally recognized tribes. Continue reading

    Native American tribes are now emerging from centuries of indifferent, hostile, and complex regulation by outside authorities. Native Tribes are recovering self-determination, and developing tribal sovereignty. Tribal governments must deal with complex legal issues, caused by economic development, tribal politics, and cultural expression, as well as legal and policy issues caused by interactions with non-tribal members, businesses and government. Continue reading

    Bryan Newland recently wrote an article on Turtle Talk about a case that is under the California Indian Gaming Regulatory Act, hereinafter IGRA. It is a suit seeking to require negotiations for a class II gaming activity on Indian lands controlled by the Big Lagoon Ranchereia, an Indian Tribe. The decision against the Tribe and in favor of the State is what has intrigued us. Continue reading

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