Miami Tribe of Oklahoma v. United States
Court of Appeals for the Tenth Circuit
1Opinion of the Court
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 on Smith’s fee interest required the BIA to approve any transfer. Citing concerns regarding fractionation of the land interests in the…
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