As recently appeared in The Public Record:

Doing Business with Native American Tribes

Since its creation, the federal government has contracted with and passed laws affecting the self-determination of Native Americans. State governments have also entered into agreements or “compacts” with tribes, typically involving gaming and taxes on products and services offered by tribal entities. These laws and agreements have created significant opportunities for private entities to do business with Native American tribes and on reservation land in many areas, including real estate, natural resources, retail and commercial enterprises, as well as tourism and entertainment. (more…)

The Native American people under Palm Springs tribal law need to understand the legal ramifications of holding land in trust and the possibilities of earning a fee in trust. (more…)

A recent publication stated that the Aqua Caliente Band of Cahuilla Indians from Coachella Valley, California recently lost a lawsuit that accused a California county of unlawful collection of taxes on leased tribal trust lands. A California federal judge ruled that the collection of these taxes did not overly interfere with self-governance of the tribe. The decision sided with Riverside County over a possessory interest tax that is charged to non-Native American lessees on the recognized tribal reservation. The unique case required specific knowledge and expertise of Coachella Valley tribal law attorneys. (more…)

At a recent Annual Meeting, a quorum of the National Native American Bar Association (the “NNABA”) passed a resolution entitled: “Resolution #2015-07 Affirming the inclusion of Indian Law on State Bar Licensing Exams.” President Mary Smith signed the measure, which will no doubt interest anyone seeking the services of a Palm Springs tribal attorney. (more…)

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. (more…)

Unique challenges exist within human resource management for tribal employers. Tribal economic development gravitates towards increasing tribal member employment. (more…)

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. (more…)

In 1988, Congress enacted legislation titled the Indian Gaming Regulatory Act (IGRA) to provide the framework for a gambling operation run by California tribes. This enactment was a direct response to the ruling that stopped California from interfering with existing tribal gaming operations. The IRGA set forth to provide tribes with opportunity for economic growth, self-sufficiency and stable government. (more…)

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. (more…)

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. (more…)