Tuesday, May 20, 2014

Wisconsin Winnebago v. Koberstein case brief summary

  1. Wisconsin Winnebago v. Koberstein case brief
a.      RELATIVE TO INDIAN LANDS
b.      If a management contract is an “agreement relative to Indian land” BIA approval is required under 25 U.S.C. §81
c.       Because the agreement gives the absolute right to control the operation of the bingo facility located on tribal trust lands and prohibits encumbering the land by the tribe it is “relative to Indian land”
d.      APPROVAL OF MANAGEMENT CONTRACT
e.       Where there were no federal statutes expressly regulating management contracts to manage bingo facility located on tribal trust lands, management agreement between governing body of federally recognized tribe and management company for operation of bingo facility was null and void for failure to gain approval of Department of Interior.
f.       Government was not estopped by assertion of Department of Interior's field solicitor office that approval of bingo management agreement by Department was not required under statute governing transactions relative to Indian land for which Congress had not passed specific statute from disapproving management agreement with governing body of federally recognized tribe where bingo hall opened before date of field solicitor's letter stating that statute did not apply.

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