An Audacious Provision In New Indian Land Lease Rules

Law360, New York (June 24, 2013, 3:18 PM EDT) -- Buried in hundreds of pages of new federal regulations governing leases of Indian lands is an audacious provision that has little to do with leasing, but quite a lot to do with state and local taxing authority.

The Bureau of Indian Affairs’ new leasing regulations decree that state and local governments cannot impose taxes, assessments, fees or various other charges on non-Indians conducting activities on tribal land because the Secretary of the Interior has apparently determined that the imposition of such costs “threatens substantial tribal interests...
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