Successful Land Into Trust Acquisitions in the Wake of Carcieri v. Salazar

The firm has successfully represented two Tribes in 2011 in their efforts to have the United States take land into trust on their behalf in the wake of the Supreme Court’s decision in Carcieri v. Salazar. The United States accepted a 13-acre parcel of land into trust for the Grand Traverse Band of Ottawa and Chippewa Indians in Michigan, which will be used to meet the Band’s vital member housing needs, and a 1.64 acre tract for the Sauk-Suiattle Indian Tribe in Washington Stat, which parcel is of tremendous historic and cultural significance to the Tribe. In both cases the United States agreed with the firm’s arguments that the Tribes were “under federal jurisdiction” in 1934 for a host of legal and historical reasons and hence entitled to the benefits of the Indian Reorganization Act under the legal standard set out by the Carcieri Court.

The firm remains deeply involved in Carcieri issues, including in efforts to have a Carcieri fix enacted by Congress and to work with the Department of the Interior on Carcieri matters in the meantime.

Tribal Membership Confirmed

The firm recently secured victory in defending a family of tribal members against a longstanding tribal membership disenrollment action. After taking over the matter, the firm argued that, under the express terms of the Tribe’s own enrollment ordinance, the disenrollment action against the members had been unlawful since its inception. Ultimately, the Tribe agreed and stipulated to dismiss the action with prejudice. (Note: this matter represented an exception to the firm’s general policy of not taking matters adverse to Indian nations, even on behalf of tribal members. This matter was exceptional because of the extremely compelling equities involved. The firm retains a strict policy against representing non-Indian entities or individuals in matters adverse to Indian nation interests.)

Landmark Agreement with U.S. Navy to Mitigate Effects of Submarine Base on Treaty Rights

Kanji & Katzen attorneys helped the Port Gamble S’Klallam, Jamestown S’Klallam, and Lower Elwha Klallam Tribes of Washington negotiate an agreement with the United States Navy to provide $6.6 million in mitigation projects for injuries to the Tribes’ treaty fishing rights. The agreement will offset impacts to shellfish and fish habitat from the construction of a second Explosives Handling Wharf at the Trident nuclear submarine base near Seattle. The funding will pay for the purchase and conservation of waterfront land near the Tribes’ reservations, improvements to tribal shellfish and fish hatcheries, seeding of clams and oysters on tribally-harvested beaches, and fisheries and environmental research and education. The agreement also resolves tribal challenges to Clean Water Act and navigational permits for the wharf and to the adequacy of the Navy’s environmental impact statement. For more information, see the related articles on Kitsapsun.com and Turtletalk.wordpress.com.

Cory Albright Addresses National Intertribal Tax Alliance Annual Conference

In September 2011, Cory Albright was invited to speak at the National Intertribal Tax Alliance annual conference at Santa Ana Pueblo in New Mexico. Mr. Albright’s presentation focused on the impacts of the Prevent All Cigarette Trafficking Act of 2009 (“PACT Act”) on Indian tobacco economies and tax programs, the implementation of the PACT Act by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, the enforcement of the PACT Act against Indian nations and their members, and litigation challenging the constitutionality of the Act.