C i t y  M a n a g e m e n t

Selected Topics in Arizona City Management.

City Manager Stratigies

From The City Manager of Goodyear...

"God, gave you two ears and one mouth, and they should be used propprtionaly"

"You need to list, keep listing, and then listin some more untill you get to the real problem that concersn people"

"keep you friends close and your eneimies closer"

Pre-Annexation Agreements

Find this from my Notes

Fee to Trust Land Conversion

Question: Does the ownership of land by a tribal government have any impact on the city's jurisdiction of that land, such as the ability to control zoning, charge development fees, and collect taxes?

Trust Land: Reservation land is considered trust land. Trust land is land that that is held by the department of the interior to benefit Native Americans. Trust land can only be sold with the permission of the federal government and is exempt from state and local taxes. Fee Land: Fee land is private land that is subject to state and local taxes that can be bought and sold at will.

Conversion to Trust Land: (Based on my reading of Title 25 CFR Part 151) Tribal governments can purchase off reservation non-contiguous fee land and request the Bureau of Indian Affairs (BIA) to convert the land to trust land status. The BIA makes a regulatory decision to approve the conversion based on an application from a tribe and written responses from local government agencies as to the potential impact on taxes and fees. The conversion to trust land status will exempt the land from state and local taxes, local land use regulation, and sometimes, local law enforcement jurisdiction.

Camp Verde: In 1999, the Yavapai-Apache Nation purchased property with the City of Camp Verde and set up a rock crushing plant. The tribe sought conversion of the land to trust status to avoid zoning ordnances but was denied by the BIA when the city protested the application.

Conversion to Trust Land for use for Gaming: (Based on remarks by a department of Interior official concerning Indian Gaming Regulatory Act (IGRA) 7-9-2003)If the acquisition and conversion of land to trust status is sought for gamming purposes, additional requirements apply based on the Indian Gaming Regulatory Act of 1988. Non-contiguous land acquired by a tribe after 1988, will not be converted to trust land unless: ·

• The land was the location of the tribe's last recognized reservation, if the tribe had no reservation as of 1988. ·
• The tribe is from Oklahoma. ·
• The land was acquired as part of a settlement of a land claim. ·
• The land was part of the initial reservation of an Indian tribe. ·
• The land was restored to the tribe as part of federal regulations. ·
• Finally, under section 20(b)(1)(A), “The Secretary, after consultation with the Indian tribe and appropriate State, and local officials, including officials of other nearby Indian tribes, determines that a gaming establishment on newly acquired lands would be in the best interest of the Indian tribe and its members, and would not be detrimental to the surrounding community, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary's determination” (http://www.nigc.gov/nigc/laws/igra/usc25-2719.jsp )

The Western Governors Association held an executive summit in March of 2005 on Indian Gaming. The conversion of land to trust status for gaming was the big topic. Summit resources

Question I was unable to find answers to: ·

• How common it is for the conversion of land to trust land status for non-gaming purposes. ·
• What specific criteria the BIA uses to approve these conversions. ·
• If this practice is prone to abuse.

Conclusions: The major concern of many state and local government officials is the tribal purchase and conversion of land to trust status for use as gamming sites. I have not found any concerns about tribal land holdings for non-gamming use, other than to Camp Verde episode, which was resolved in favor of the city, Further Research: The focuses of any further research should be on “fee to trust” regulations. Specifically, Title 25--Indians Chapter I--Bureau of Indian Affairs, Department Of The Interior Part 151--Land Acquisitions Part 151.11

Off-reservation acquisitions.

References

From Camp Verde

From Minnesota

There are many internet sites created by private individuals spouting examples of grave injustices brought about by this process

Specifically:

1. http://www.indianrelations.com
2. http://www.citizensalliance.org/
3. http://www.citizensalliance.org/
4. http://www.ilwg.net/