Category Archives: information

Land-in-Trust challenge against Ione Band stopped in Ninth Circuit; U.S. Supreme Court Carcieri Ruling Distinguished.

On Oct. 6, the Ninth Circuit affirmed the Eastern District of California’s grant of summary judgment in favor of the Department of Interior (DOI). In 2005, the County of Amador challenged the 2012 Record of Decision placing land into trust and approving casino development for the Ione Band of Miwok Indians. Specifically, the challenge focused on the determination that the Tribe was under federal jurisdiction, per the Indian Reorganization Act (IRA), and was a restored tribe receiving restored lands under the Indian Gaming Regulatory Act (IGRA).

The Ninth Circuit, interpreting Carcieri v. Salazar, 555 U.S. 379 (2009), decided that a tribe must have interacted with the federal government prior to 1934 and must be officially recognized at the time of the trust application submission. Land purchase negotiations over the course of the late 19th and early 20th centuries involved Congress and the Department in Ione Band affairs.

The appellate court understood this to mean that the Tribe had been under federal jurisdiction and that the intent of the IRA allowed recognition to occur at any point as long as federal jurisdiction was established in 1934 or earlier. The Ninth Circuit examined the legislative history of the IRA, in addition to contemporaneous administrative findings, and found that Congress intended the Act to apply to tribes recognized after 1934.

DOI’s interpretation of “under federal jurisdiction” separated the meaning of “recognized” from the phrase. The Department considered federal jurisdiction to mean an action or series of actions that establishes or reflects Federal obligations, authority, and duties for or to a tribe. The Court accepted this interpretation, affirmed the district court, and also ruled that the IGRA “restored tribe” exception was met.

In a related case, No Casino in Plymouth v. Zinke, the appellate circuit remanded to the Eastern District of California with instructions to dismiss for lack of subject-matter jurisdiction and organizational standing. The plaintiffs had not submitted specific facts showing that its members would have individual standing and its evidence was not allowed for a motion of summary judgment. Read case 

Highway Trust Fund – How it works

The Highway Trust Fund, which collects and allocates money to build and maintain surface transportation structures, receives almost 90 percent of its funding from a fuel tax on gasoline and diesel, while remaining revenue comes from miscellaneous taxes on tires, heavy vehicles, etc. Since 1993 the fuel tax has not adjusted. Advancements in technology has led to a decrease in the amount of fuel consumed and thus a decrease in revenue. Additionally, the almost 25 percent of the revenue from the fuel tax is diverted away from highway spending.

The Highway Trust Fund itself is divided into two accounts—the Highway Account and the Mass Transit Account—and each account expends roughly 85 percent and 15 percent of the total funds respectively. Highway Trust Fund spending has routinely outpaced fuel tax revenue. For the 2015 fiscal year, the Highway Account is estimated to spend upwards of $44 billion on roadway infrastructure and similar projects while only taking in $34 billion. Including the deficit accumulated by the Mass Transit Account, the Highway Trust Fund is expected to amass a deficit of $13 billion by the end of the 2015 FY.

Because the Highway Trust Fund cannot have a negative balance and must have a $5 billion minimum balance to meet obligations, Congress must shift money from the Treasury’s general fund. Over the last six years, Congress has diverted general fund dollars to the Highway Trust Fund more than thirty times. These “patches” are short-term fixes typically lasting from six months to a year and do not represent viable options in the long run.

Proposals for sustainable solutions include:

  • Increasing fuel tax
  • Decreases non-highway spending
  • Taxing the overseas earnings of multinational corporations (repatriation)
  • Downsizing Federal role in transportation
  • Additional State actions such as tolls, bonds, sales taxes

Click here for more information on how the Highway Trust Fund works.

Tribal Law Updates

Updates to the Tribal Court Clearinghouse

Turtle Talk

The leading blog on legal issues in Indian Country

Native Law Policy

Washington politics Updates

Legal Blog Watch

Washington politics Updates

Washington politics Updates

smokesignalsindianlaw.com

Washington politics Updates

Native American Law Focus

Washington politics Updates