News & Analysis as of

Indian Reorganization Act

Eversheds Sutherland (US) LLP

Clarifying the federal tax classification of wholly owned tribal entities and the mechanics of the Section 6417 election for such...

On October 7, 2024, the Department of Treasury (Treasury) and the Internal Revenue Service (IRS) issued proposed regulations (Proposed Regulations) clarifying the federal tax classification of certain entities wholly owned by...more

Snell & Wilmer

Court Vacates Decision to Take Downtown Juneau Land Into Trust for Tlingit & Haida Tribe

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In a momentous legal development, U.S. District Court Judge Sharon L. Gleason has vacated and remanded a decision by the U.S. Department of the Interior (DOI) to place a 787-square-foot parcel of land in downtown Juneau into...more

Snell & Wilmer

Property Owned by Non-Indians and Located on Tribal Land Is Subject to Property Tax

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Generally, tribal lands held in trust by the federal government are exempt from state and local taxation under Section 5 of the Indian Reorganization Act of 1934 (the Act). However, when non-Indians are involved in ownership...more

WilmerHale

Rulemaking To Update Land-Into-Trust Process For Tribes And Individual Indians

WilmerHale on

On December 5, 2022, the Interior Department’s Bureau of Indian Affairs (BIA) published proposed revisions to 25 C.F.R. Part 151—the regulations governing the United States’ discretionary acquisition of land in trust for the...more

Snell & Wilmer

Arizona Supreme Court Confronts Applicability of State Ad Valorem Tax on Tribal Land

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On April 26, 2022, the Arizona Supreme Court issued a significant unanimous decision addressing the applicability of a state ad valorem property tax on a power plant located on Indian land. The Arizona Supreme Court held that...more

Snell & Wilmer

Department of Interior Memorandum Removes Bar to Secretary’s Land Into Trust Authority in Alaska

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Last week, the Department of the Interior issued Memorandum M-37069 regarding the Secretary of the Interior’s land into trust authority in Alaska, in keeping with the current administration’s expressed priority of recognizing...more

Schwabe, Williamson & Wyatt PC

Department of the Interior Announces Changes to Fee-to-Trust Policy for Tribes

Fee-to-trust, sometimes also called land-into-trust, is the process by which tribes can have land taken into trust by the federal government. Congress authorized the Department of the Interior (DOI) to take land into trust...more

PilieroMazza PLLC

Weekly Update Newsletter - March 2020

PilieroMazza PLLC on

CLIENT ALERT: FAR Council Changes Rules Regarding Small Business Rerepresentation / Recertification and Multiple Award Contracts - On February 27, 2020, the FAR Council published a final rule that amends the Federal...more

PilieroMazza PLLC

BIA to Establish Procedures for Federally Recognizing Alaskan Tribes

PilieroMazza PLLC on

On January 2, 2020, the Bureau of Indian Affairs (BIA) issued a proposed rule to create a new 25 Code of Federal Regulations (CFR) part 82 that would establish procedures for a non-federally recognized Alaska Native entity to...more

Holland & Hart LLP

Ute Indian Tribe Asserts Ownership of All Federal Lands in the Uncompahgre Reservation

Holland & Hart LLP on

On March 8, 2018, the Ute Indian Tribe of the Uintah and Ouray Reservation (the "Tribe") filed a lawsuit in the United States District Court for the District of Columbia against the United States, the Department of the...more

Hogan Lovells

Supreme Court says Congress can stop lawsuit that threatens Tribes casino

Hogan Lovells on

The Supreme Court, in a 6-3 decision last Tuesday affirmed the judgment of the United States Court of Appeals for the District of Columbia in Patchak v. Zinke, holding that Congress through the Gun Lake Act, which reaffirms...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Patchak v. Zinke

On February 27, 2018, the Supreme Court of the United States decided Patchak v. Zinke, No. 16-498. No opinion commanded a majority of the Court, but six justices concluded that the plaintiff’s lawsuit under the Indian...more

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