NCAI-IGA Taskforce Nov 2023

Sault Ste. Marie Tribe of Chippewa Indians v. Haaland (Case No. 20-5123; consolidated with 20- 5125, 20-5127, and 20-5128 ) – This matter came before the United States Court of Appeals for the District of Columbia Circuit to settle a dispute as to whether land acquired by the Sault Ste. Marie Tribe of Chippewa Indians must be taken into trust by the Department of the Interior. The Tribe purchased the parcel in question with interest from its self-sufficiency fund and sought to have it taken into federal trust to later establish gaming operations on the lands. As part of the trust acquisition process, the Tribe stated the land was acquired for the enhancement of tribal lands, which would permit its purchase of the land with its self-sufficiency funds under the Michigan Indian Land Claims Settlement Act. The Department of Interior disagreed and stated that the mere acquisition of new lands was not an “enhancement” under Michigan law and declined to take the parcel into trust. The Tribe brought suit, and the Court ultimately found that the Department does have the authority to verify that the Tribe properly acquired the parcel with the self-sufficiency fund interests. Furthermore, upon that review, the Court agreed that the Department correctly asserted that “an acquisition that merely increases the Tribe’s landholdings” qualifies as an enhancement of tribal lands. The matter was reversed in favor of the Department of Interior and sent back to the district court for proceedings consistent with the Court of Appeals’ ruling. The Tribe has since filed a petition for en banc review with the Court of Appeals.

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