Jackson County, Kansas v. Acting Southern Plains Regional Director, Bureau of Indian Affairs, 49 IBIA 199 (2009)

INTERIOR BOARD OF INDIAN APPEALS Jackson County, Kansas v. Acting Southern Plains Regional Director, Bureau of Indian Affairs 49 IBIA 199 (05/07/2009) Related Board case: 49 IBIA 214

United States Department of the Interior

OFFICE OF HEARINGS AND APPEALS INTERIOR BOARD OF INDIAN APPEALS 801 NORTH QUINCY STREET SUITE 300 ARLINGTON, VA 22203

JACKSON COUNTY, KANSAS, Appellant,

v. ) ) ACTING SOUTHERN PLAINS ) REGIONAL DIRECTOR, BUREAU ) OF INDIAN AFFAIRS, ) Appellee. )

Order Vacating Decision and Remanding

Docket No. IBIA 08-144-A

May 7, 2009

Jackson County, Kansas (County), appealed to the Board of Indian Appeals (Board) from eleven decisions by the Acting Southern Plains Regional Director, Bureau of Indian Affairs (Regional Director; BIA), to accept eleven tracts of land, located in Jackson County, Kansas, in trust for the Prairie Band of Potawatomi Nation, Kansas (the Nation).1 Each of the decisions was dated August 6, 2008. One of these tracts, identified as the Preston PT-115 tract, is now the subject of a request received by the Board from the Regional Director for remand.2 The Regional Director represents that "the Nation wishes to withdraw its request for trust acquisition of one tract, Preston PT-115, [because the Nation] is considering changing the tribal zoning related to this tract, and [the] parties should be afforded the right to comment on the1

proposed acquisition in light of the planned use." Response Brief and Motion for Remand as to IBIA No. 08-144-A, May 4, 2009, at unnumbered 3. We grant the Regional Director's request for a remand. Therefore, pursuant to the authority delegated to the Board of Indian Appeals by the Secretary of the Interior, 43 C.F.R. § 4.1, the Board vacates the Regional Director's August 6, 2008, decision to accept the Preston PT-115 tract into trust status for the Nation, and remands the matter to the Regional Director for further consideration and a new decision.3 I concur:

// original signed Debora G. Luther Administrative Judge

// original signed Steven K. Linscheid Chief Administrative Judge3

[1]. The eleven tracts are known as (1) Bailey 2000 tract (Docket No. IBIA 08-138-A), (2) Bailey 2001 PT-75 tract (Docket No. IBIA 08-139-A), (3) Bausch 2001 PT-112 tract (Docket No. IBIA 08-140-A), (4) Ramage tract (Docket No. IBIA 08-141-A), (5) Swan PT-105 tract (Docket No. IBIA 08-142-A), (6) Kaul PT-69 tract (Docket No. IBIA 08143-A), (7) Preston PT-115 tract (Docket No. IBIA 08-144-A), (8) Shouse tract...