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MIAMI TRIBE OF OKLAHOMA v. U.S.

No. 10-3060.

656 F.3d 1129 (2011)

MIAMI TRIBE OF OKLAHOMA, Plaintiff-Appellee, v. UNITED STATES of America, Kenneth Salazar, Secretary, United States Department of the Interior, Larry Echohawk, Assistant Secretary of Interior, Bureau of Indian Affairs, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 30, 2011.

Attorney(s) appearing for the Case

Ellen J. Durkee ( Ignacia S. Moreno , Assistant Attorney General, and M. Alice Thurston , United States Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, D.C., and Lanny D. Welch , United States Attorney on opening brief, and Barry R. Grissom , United States Attorney on reply brief, and David D. Zimmerman , Assistant United States Attorney, District of Kansas, Kansas City, KS, with her on the briefs), United States Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, D.C., for Appellants.

Christopher J. Reedy ( Kip A. Kubin , Bottaro, Morefield & Kubin, L.C., Kansas City, MO, with him on the brief) Olathe, KS, for Appellee.

Before TYMKOVICH, McKAY, and GORSUCH, Circuit Judges.

TYMKOVICH, Circuit Judge.

This appeal requires us to consider whether the Bureau of Indian Affairs (BIA) properly exercised its discretion to reject a gift of property by a member of the Miami Tribe of Oklahoma to the tribe.

James Smith wanted to transfer to the tribe a portion of his property interest in the Maria Christiana Reserve No. 35, located southwest of Kansas City, where the tribe has plans to develop gaming facilities. Federal law and restrictions...

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