CLE - Considerations Related to Tribal Gaming Enterprises Conducted Outside Indian Lands
Indian Nations Gaming & Governance Program
Presents
A Legal & Policy Webinar
Considerations Related to Tribal Gaming Enterprises Conducted Outside Indian Lands
December 5, 2022
10:00 am - 12:00 pm
Approved 2 MCLE Nevada Credits
Register here
This program will provide views from government and private practice attorneys on the process whereby the United States Department of the Interior makes determinations on petitions by tribes to transfer real property from fee to trust status when the proposed uses of the land are for gaming enterprises outside of formally recognized reservation boundaries. Most decisions for transfers of real property from fee to trust status are discretionary acts by the Secretary of the Interior, unless statutory directive or judicial order makes the decision non-discretionary. Statutory parameters are provided by the Indian Gaming Regulatory Act, and the Department has issued regulations that provide additional guidance. However, application of statutes and regulations to any specific decision requires interpretation of those laws in light of past precedent by the Department. Participants in the program will hear how some decisions on “fee to trust” have been made in the past, and how new decisions may extend those precedents or break from them.
Moderator:
John Tahsuda III - William S. Boyd School of Law Distinguished Fellow, Adjunct Professor
Presenters:
Kyle Scherer - Partner, Venable LLP
Kyle Scherer is a partner in Venable’s Environmental and Natural Resources Group and serves as a co-chair of the firm’s Native American Law and Policy Practice. He leverages significant experience working in the federal government under both Democratic and Republican administrations to counsel tribes, corporations, and state and local governments on matters involving energy and natural resource development, infrastructure, land use, and regulatory compliance.
Patrick Bergin - Partner, Peebles Kidder Bergin & Robinson LLP
Patrick Bergin is a Partner with Peebles Kidder Bergin & Robinson LLP; a law firm dedicated to the representation of Indian tribes and tribal-owned entities across the United States. Patrick has been involved in many aspects of tribal business development, including organizational structuring, transactions, governmental affairs, agency negotiations, and litigation. He has been particularly active in the firm’s gaming practice, counseling clients on the Indian Gaming Regulatory Act, casino development, Indian lands determinations, and Tribal-State compact negotiations.
Jody Schwarz - Senior Attorney, U.S. Department of the Interior, Solicitor’s Office, Division of Indian Affairs, Branch of Self-Governance and Economic Development
Jody Schwarz joined the Solicitor’s Office in September 2018 as an attorney-advisor for them Phoenix Field Office where she provided counsel to the Bureau of Indian Affairs (BIA) and the Bureau of Land Management on issues arising under the Indian Self-Determination and Education Assistance Act (ISDEAA), the Indian Reorganization Act (IRA), and applicable cultural and resource statutes. In December 2020, Jody transferred to the Branch of Self-Governance and Economic Development (SGED) where she is now a senior attorney responsible for matters involving tribal self-governance and economic development issues, jurisdictional questions, and gaming.
