Legal Opinion

Miami Tribe of Oklahoma v. United States

Court of Appeals for the Tenth Circuit

Decided August 30, 2011No. 10-3060PublishedCited by 15 opinions

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…

2Cases cited38 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  4. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  5. Auer v. RobbinsSupreme Court of the United States · 1997

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3Cited by15 opinions

  1. Wishneski v. AndradeCourt of Appeals for the Tenth Circuit · 2014
  2. New Mexico Health Connections v. HHSCourt of Appeals for the Tenth Circuit · 2019
  3. Western Energy Alliance v. SalazarCourt of Appeals for the Tenth Circuit · 2013
  4. Underwood v. Bank of America CorporationCourt of Appeals for the Tenth Circuit · 2021
  5. Rocky Mountain Wild v. DallasCourt of Appeals for the Tenth Circuit · 2024

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