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Native Americans

With the emergence of tribal casinos over the past several years, Native American legal issues have been pressed to the forefront for the first time in many municipalities throughout California. However, these issues are not new to us. Some municipalities which we have represented in various capacities for nearly 20 years, such as Palm Springs, are populated with Indian tribes and have encountered legal issues involving Native Americans for decades. Some of the most important cases dealing with this area of law have involved Palm Springs.

Expertise

  • Sovereign immunity
  • Municipal authority and jurisdiction over Indian land use matters
  • Indian gaming casinos
  • Leases and other contracts involving Indians and casinos
  • Federal regulation of Indian Tribes
  • Bureau of Indian Affairs – local and Sacramento office
  • Environmental regulations on Indian land
  • Provision of municipal services on Indian land
  • Taxation of and by tribes
  • Law enforcement of Indian land
  • Distribution of gaming proceeds to local government
  • Card clubs and Class II and Class III gaming

Expertise in Action

In representing Palm Springs for many years, we gained experience with a sophisticated tribal government whose land was interspersed in a checkerboard pattern throughout the 80 square miles of Palm Springs - long before Indian gaming became the issue of the day in California. The issues which arose in this complex relationship are too numerous to mention, but include: (a) the City’s convention center, located on Indian lease land, and financing and building two $20,000,000+ expansions, as well as lease audits and claims over revenue splitting; (b) issues involving voiding Indian leases and developing hotel/golf projects; (c) an assessment district which went into default when Indian leases went into default; (d) developing arrangements for Indian payment for public infrastructure and services; (e) developing agreements for Indian payment of TOT taxes; and (f) developing a DDA with the Tribe to acquire property and develop a hotel/casino, and successfully defending the DDA from a claim by the California Attorney General.

We have dealt with legal issues involving not only the Agua Caliente Tribe, but the Soboba Tribe in San Jacinto and the Piute Tribe in Bishop. We have done special counsel work concerning the San Pablo gaming facility. We have provided significant analysis of Indian gaming for the League of California Cities. As Native American law continues to evolve and become more complex, we are at the forefront of this emerging practice area and are prepared to meet all of our clients’ needs.