25 CFR 1.4 - State and local regulation of the use of Indian property

Cite as25 CFR 1.4
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56 practice notes
  • Part III
    • United States
    • Federal Register April 25, 2007
    • April 25, 2007
    ...leased from or held or used under agreement with and belonging to any Indian * * * that is held in trust by the United States. * * * 25 CFR 1.4(a) For several reasons we do not find these comments helpful. First, whether or not a state regulates allotted lands under other law the SMCRA defi......
  • Federal and Indian lands programs: Indian lands; definition clarification; agency decision,
    • United States
    • Federal Register April 25, 2007
    • April 25, 2007
    ...leased from or held or used under agreement with and belonging to any Indian * * * that is held in trust by the United States. * * * 25 CFR 1.4(a) For several reasons we do not find these comments helpful. First, whether or not a state regulates allotted lands under other law the SMCRA defi......
  • Citizens Against Casino Gambling in Erie Cnty. v. Chaudhuri, No. 11-5171
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • September 15, 2015
    ...civil jurisdiction). Federal control over restricted fee lands is reflected in the DOI's implementing regulations as well. See, e.g., 25 C.F.R. § 1.4(a) ("[N]one of the laws, ordinances, codes, resolutions, rules or other regulations of any State or political subdivision thereof limiti......
  • Citizens Against Casino Gambling in Erie Cnty. v. Chaudhuri, Nos. 11–5171
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • September 15, 2015
    ...civil jurisdiction). Federal control over restricted fee lands is reflected in the DOI's implementing regulations as well. See, e.g., 25 C.F.R. § 1.4(a) (“[N]one of the laws, ordinances, codes, resolutions, rules or other regulations of any State or political subdivision thereof limiting, z......
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51 cases
  • Citizens Against Casino Gambling in Erie Cnty. v. Chaudhuri, No. 11-5171
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • September 15, 2015
    ...civil jurisdiction). Federal control over restricted fee lands is reflected in the DOI's implementing regulations as well. See, e.g., 25 C.F.R. § 1.4(a) ("[N]one of the laws, ordinances, codes, resolutions, rules or other regulations of any State or political subdivision thereof limiti......
  • Citizens Against Casino Gambling in Erie Cnty. v. Chaudhuri, Nos. 11–5171
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • September 15, 2015
    ...civil jurisdiction). Federal control over restricted fee lands is reflected in the DOI's implementing regulations as well. See, e.g., 25 C.F.R. § 1.4(a) (“[N]one of the laws, ordinances, codes, resolutions, rules or other regulations of any State or political subdivision thereof limiting, z......
  • Carcieri v. Kempthorne, No. 03-2647.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • July 20, 2007
    ...or development of any real or personal property . . . shall be applicable" to land held in trust for a tribe by the United States. 25 C.F.R. § 1.4(a). This provision is subject to the Secretary's power in specific cases or areas to make applicable those local laws determined to be in t......
  • Santa Rosa Band of Indians v. Kings County, No. 74-1565
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • November 3, 1975
    ...statewide application resolving the matter. And if the state is unable to act alone, it may seek Federal cooperation. II. Application of 25 C.F.R. § 1.4, and the "encumbrance" Even assuming these County ordinances were "civil laws of such State or Territory that are of genera......
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