Empathy List Archives

SE

Scott Edwards

Mon, Jan 17, 2022 11:58 PM

I represent a municipality with a public works authority ("PWA") formed under 60 O.S. § 176 et.seq. An Indian tribe wants to purchase a parcel of land owned in fee simple by the PWA. The property is located on a reservation and is "Indian country" as defined by 18 U.S.C. 1551(a). My question is would a purchase agreement between the municipality and the tribe have to be approved by the governor and the Joint Committee on State-Tribal Relations pursuant to 74 O.S. §1221 (D):

D. 1. The governing board of a political subdivision of this state is authorized to negotiate and enter into intergovernmental cooperative agreements in behalf of the political subdivision, with a federally recognized Indian tribal government within this state to address issues of mutual interest. Except as otherwise provided by this subsection, such agreements shall be effective upon approval by the Joint Committee on State-Tribal Relations and the Governor, or the designee of the Governor.
Any recommendations, thoughts or opinions would be appreciated.

Scott N. Edwards
Attorney at Law
First National Bank Bldg. P.O. Box 915 Miami, OK 74355
Phone: 918-540-3300 WARNING:This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number listed above and delete this e-mail from your computer.Receipt by anyone other than the named recipient(s) is not intended as and shall not constitute a waiver of any attorney-client, work product, or other applicable privilege.

I represent a municipality with a public works authority ("PWA") formed under 60 O.S. § 176 et.seq. An Indian tribe wants to purchase a parcel of land owned in fee simple by the PWA. The property is located on a reservation and is "Indian country" as defined by 18 U.S.C. 1551(a). My question is would a purchase agreement between the municipality and the tribe have to be approved by the governor and the Joint Committee on State-Tribal Relations pursuant to 74 O.S. §1221 (D): D. 1. The governing board of a political subdivision of this state is authorized to negotiate and enter into intergovernmental cooperative agreements in behalf of the political subdivision, with a federally recognized Indian tribal government within this state to address issues of mutual interest. Except as otherwise provided by this subsection, such agreements shall be effective upon approval by the Joint Committee on State-Tribal Relations and the Governor, or the designee of the Governor. Any recommendations, thoughts or opinions would be appreciated. Scott N. Edwards Attorney at Law First National Bank Bldg. P.O. Box 915 Miami, OK 74355 Phone: 918-540-3300 WARNING:This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number listed above and delete this e-mail from your computer.Receipt by anyone other than the named recipient(s) is not intended as and shall not constitute a waiver of any attorney-client, work product, or other applicable privilege.

JM

Jon Miller

Tue, Jan 18, 2022 3:10 PM

Reading only 74 O.S. § 1221(D), I would not consider the fee simple sale of real property to be the equivalent of an interlocal agreement. An interlocal agreement contemplates an on-going relationship between the tribe and the municipality, and it is the nature and obligations under that on-going relationship that requires approval.

To be safe, I would check with federal law to determine whether BIA approval is required of the sale of property to the tribe. With McGirt in place, there are many questions that remain unanswered about who has authority over many historically state matters regarding property that is now within a tribal reservation.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: Scott Edwards snedwards@sbcglobal.net
Sent: Monday, January 17, 2022 5:58 PM
To: OAMA oama@lists.imla.org
Subject: [CAUTION: SUSPECT SENDER] [Oama] Public Works Authority sale of real estate to Indian tribe 74 O.S. § 1221(D)

I represent a municipality with a public works authority ("PWA") formed under 60 O.S. § 176 et.seq. An Indian tribe wants to purchase a parcel of land owned in fee simple by the PWA. The property is located on a reservation and is "Indian country" as defined by 18 U.S.C. 1551(a). My question is would a purchase agreement between the municipality and the tribe have to be approved by the governor and the Joint Committee on State-Tribal Relations pursuant to 74 O.S. §1221 (D):

D. 1. The governing board of a political subdivision of this state is authorized to negotiate and enter into intergovernmental cooperative agreements in behalf of the political subdivision, with a federally recognized Indian tribal government within this state to address issues of mutual interest. Except as otherwise provided by this subsection, such agreements shall be effective upon approval by the Joint Committee on State-Tribal Relations and the Governor, or the designee of the Governor.

Any recommendations, thoughts or opinions would be appreciated.

Scott N. Edwards
Attorney at Law
First National Bank Bldg.
P.O. Box 915 Miami, OK 74355
Phone: 918-540-3300 WARNING:This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number listed above and delete this e-mail from your computer.Receipt by anyone other than the named recipient(s) is not intended as and shall not constitute a waiver of any attorney-client, work product, or other applicable privilege.

Reading only 74 O.S. § 1221(D), I would not consider the fee simple sale of real property to be the equivalent of an interlocal agreement. An interlocal agreement contemplates an on-going relationship between the tribe and the municipality, and it is the nature and obligations under that on-going relationship that requires approval. To be safe, I would check with federal law to determine whether BIA approval is required of the sale of property to the tribe. With McGirt in place, there are many questions that remain unanswered about who has authority over many historically state matters regarding property that is now within a tribal reservation. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Scott Edwards <snedwards@sbcglobal.net> Sent: Monday, January 17, 2022 5:58 PM To: OAMA <oama@lists.imla.org> Subject: [CAUTION: SUSPECT SENDER] [Oama] Public Works Authority sale of real estate to Indian tribe 74 O.S. § 1221(D) I represent a municipality with a public works authority ("PWA") formed under 60 O.S. § 176 et.seq. An Indian tribe wants to purchase a parcel of land owned in fee simple by the PWA. The property is located on a reservation and is "Indian country" as defined by 18 U.S.C. 1551(a). My question is would a purchase agreement between the municipality and the tribe have to be approved by the governor and the Joint Committee on State-Tribal Relations pursuant to 74 O.S. §1221 (D): D. 1. The governing board of a political subdivision of this state is authorized to negotiate and enter into intergovernmental cooperative agreements in behalf of the political subdivision, with a federally recognized Indian tribal government within this state to address issues of mutual interest. Except as otherwise provided by this subsection, such agreements shall be effective upon approval by the Joint Committee on State-Tribal Relations and the Governor, or the designee of the Governor. Any recommendations, thoughts or opinions would be appreciated. Scott N. Edwards Attorney at Law First National Bank Bldg. P.O. Box 915 Miami, OK 74355 Phone: 918-540-3300 WARNING:This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number listed above and delete this e-mail from your computer.Receipt by anyone other than the named recipient(s) is not intended as and shall not constitute a waiver of any attorney-client, work product, or other applicable privilege.

MR

Mark Ramsey

Tue, Jan 18, 2022 4:17 PM

I agree that a sale of real property is not subject to the Interlocal Cooperation Act or 74 O.S. 1221(D). In addition, I don’t think a public trust is a political subdivision. I don’t know of any requirement for BIA approval unless the tribe wants to put the property in trust. They can do that after the transaction closes.

Good Luck!

Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.com mailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.com mailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.

From: Jon Miller JMiller@cityofmustang.org
Sent: Tuesday, January 18, 2022 9:11 AM
To: Scott Edwards snedwards@sbcglobal.net; OAMA oama@lists.imla.org
Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] Public Works Authority sale of real estate to Indian tribe 74 O.S. § 1221(D)

Reading only 74 O.S. § 1221(D), I would not consider the fee simple sale of real property to be the equivalent of an interlocal agreement. An interlocal agreement contemplates an on-going relationship between the tribe and the municipality, and it is the nature and obligations under that on-going relationship that requires approval.

To be safe, I would check with federal law to determine whether BIA approval is required of the sale of property to the tribe. With McGirt in place, there are many questions that remain unanswered about who has authority over many historically state matters regarding property that is now within a tribal reservation.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

From: Scott Edwards <snedwards@sbcglobal.net mailto:snedwards@sbcglobal.net>
Sent: Monday, January 17, 2022 5:58 PM
To: OAMA <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [CAUTION: SUSPECT SENDER] [Oama] Public Works Authority sale of real estate to Indian tribe 74 O.S. § 1221(D)

I represent a municipality with a public works authority ("PWA") formed under 60 O.S. § 176 et.seq. An Indian tribe wants to purchase a parcel of land owned in fee simple by the PWA. The property is located on a reservation and is "Indian country" as defined by 18 U.S.C. 1551(a). My question is would a purchase agreement between the municipality and the tribe have to be approved by the governor and the Joint Committee on State-Tribal Relations pursuant to 74 O.S. §1221 (D):

D. 1. The governing board of a political subdivision of this state is authorized to negotiate and enter into intergovernmental cooperative agreements in behalf of the political subdivision, with a federally recognized Indian tribal government within this state to address issues of mutual interest. Except as otherwise provided by this subsection, such agreements shall be effective upon approval by the Joint Committee on State-Tribal Relations and the Governor, or the designee of the Governor.

Any recommendations, thoughts or opinions would be appreciated.

Scott N. Edwards
Attorney at Law
First National Bank Bldg.
P.O. Box 915 Miami, OK 74355
Phone: 918-540-3300 WARNING:This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number listed above and delete this e-mail from your computer.Receipt by anyone other than the named recipient(s) is not intended as and shall not constitute a waiver of any attorney-client, work product, or other applicable privilege.

I agree that a sale of real property is not subject to the Interlocal Cooperation Act or 74 O.S. 1221(D). In addition, I don’t think a public trust is a political subdivision. I don’t know of any requirement for BIA approval unless the tribe wants to put the property in trust. They can do that after the transaction closes. Good Luck! Mark H. Ramsey For the Firm Taylor, Foster, Mallett, Downs, Ramsey & Russell, P.C. P.O. Box 309 Claremore, OK 74018 918-343-4100 918-343-4900 fax mramsey@soonerlaw.com<mailto:apixley@soonerlaw.com> The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.com<mailto:postmaster@soonerlaw.com> and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you. From: Jon Miller <JMiller@cityofmustang.org> Sent: Tuesday, January 18, 2022 9:11 AM To: Scott Edwards <snedwards@sbcglobal.net>; OAMA <oama@lists.imla.org> Subject: [Oama] Re: [CAUTION: SUSPECT SENDER] Public Works Authority sale of real estate to Indian tribe 74 O.S. § 1221(D) Reading only 74 O.S. § 1221(D), I would not consider the fee simple sale of real property to be the equivalent of an interlocal agreement. An interlocal agreement contemplates an on-going relationship between the tribe and the municipality, and it is the nature and obligations under that on-going relationship that requires approval. To be safe, I would check with federal law to determine whether BIA approval is required of the sale of property to the tribe. With McGirt in place, there are many questions that remain unanswered about who has authority over many historically state matters regarding property that is now within a tribal reservation. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege. From: Scott Edwards <snedwards@sbcglobal.net<mailto:snedwards@sbcglobal.net>> Sent: Monday, January 17, 2022 5:58 PM To: OAMA <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [CAUTION: SUSPECT SENDER] [Oama] Public Works Authority sale of real estate to Indian tribe 74 O.S. § 1221(D) I represent a municipality with a public works authority ("PWA") formed under 60 O.S. § 176 et.seq. An Indian tribe wants to purchase a parcel of land owned in fee simple by the PWA. The property is located on a reservation and is "Indian country" as defined by 18 U.S.C. 1551(a). My question is would a purchase agreement between the municipality and the tribe have to be approved by the governor and the Joint Committee on State-Tribal Relations pursuant to 74 O.S. §1221 (D): D. 1. The governing board of a political subdivision of this state is authorized to negotiate and enter into intergovernmental cooperative agreements in behalf of the political subdivision, with a federally recognized Indian tribal government within this state to address issues of mutual interest. Except as otherwise provided by this subsection, such agreements shall be effective upon approval by the Joint Committee on State-Tribal Relations and the Governor, or the designee of the Governor. Any recommendations, thoughts or opinions would be appreciated. Scott N. Edwards Attorney at Law First National Bank Bldg. P.O. Box 915 Miami, OK 74355 Phone: 918-540-3300 WARNING:This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error or are not the named recipient(s), please notify the sender at either the e-mail address or telephone number listed above and delete this e-mail from your computer.Receipt by anyone other than the named recipient(s) is not intended as and shall not constitute a waiver of any attorney-client, work product, or other applicable privilege.