Without any of the standard federal or state approvals, the Bay Mills Tribe opened a new casino today near Vanderbilt off Interstate 75 in the Northern Lower Peninsula.
The 40-slot machine facility is located in a renovated Project Nature Welcome Center. Tribal members are familiar with the Vanderbilt area as they have been hunting elk in the region since 2007, exercising off-reservation treaty rights established with the 2007 Inland Consent Decree.
“This is something we’ve been working on for a long time,” said Bay Mills Chairman Jeff PARKER.
Apparently the tribe is testing a legal theory that, if it were to hold up, could open the floodgates for establishing tribal casinos without having to worry about the red tape that usually delays such projects for years. Some observers claim it could ultimately affect the status of an off-reservation site the Sault Ste. Marie Tribe of Chippewa Indians own at Pinnacle Racetrack in Romulus.
Bay Mills and the Soo tribe were once a single tribe.
The move came as a complete surprise to state and federal officials. The tribe jumped through none of the usual legal hoops involved with the federal Indian Gaming Regulatory Act (IGRA). In fact, its plan seems to involve specifically avoiding taking the land in trust, which is a key step in the IGRA process.
It usually takes years of working through the IGRA process to obtain the necessary sign-offs from the U.S. Department of Interior and the state to establish even an on-reservation casino.
The tribe’s reservation is located in the Upper Peninsula, centered at Brimley. However the casino Bay Mills opened today was on land far from the reservation. What’s more, the tribe bought the property less than three months ago.
President Ronald REAGAN signed IGRA in 1988. Ever since, IGRA guidelines have been an open target for almost any and every legal theory an attorney could convince a tribe to try out.
The theory Bay Mills seems to be pursuing is that because it purchased the land near Vanderbilt with money it had received in exchange for giving up its aboriginal lands, the land is therefore exempt from the usual impediments IGRA placed on off-reservation gaming.
The entire issue of off-reservation gaming, as it pertains to IGRA is currently being reviewed nationally (See “Minnesota Event <http://mirsnews.com/capsule.php?gid=3437%2325188%20> Could Affect Muskegon Casino,”10/20/10).
The Bay Mills decision to test the legal theory might have been timed to coincide with the national discussion. In addition, it might also have been timed to take place prior to Governor-elect Rick SNYDER taking office.
Snyder is believed to be less amenable to gaming expansion than Gov. Jennifer <http://mirsnews.com/lob_bio.php?cid=532> GRANHOLM has been. However, the Granholm administration quickly voiced opposition to Bay Mills opening the Vanderbilt casino today.
“We were surprised and disappointed,” Granholm Legal Counsel John WERNET told MIRS today. “We knew they’d acquired the land and that they’d sent a request to Interior. But we didn’t know about this.”
“We’re talking to the Attorney General’s office to try and determine what the appropriate response should be,” Wernet continued. “We’ll also be talking to the Justice Department and the Indian Gaming Commission.
The Indian Gaming Commission is the entity charged with enforcing gaming regulations on tribal lands.
Joy YEAROUT, spokesperson for Attorney General Mike COX, told MIRS that the AG is still evaluating the situation.
“We just learned of the casino recently, and we are evaluating the Tribe’s position in consultation with the Governor’s office,” Yearout said. “Attorneys from our office plan to meet with the Tribe to discuss the matter, and after that meeting we will decide what action is necessary.”
Meanwhile, tribes that have been playing by the IGRA rules voiced their opposition to the Vanderbilt casino.
A coalition of Michigan tribes issued the following statement.
“We are strongly opposed to the illegal gaming activity announced by the Bay Mills Indian Community today in Vanderbilt,” the group said. “This attempt to conduct Indian gaming in the absence of trust land is a serious violation of the Indian Gaming Regulatory Act and long-held federal Indian gaming policy.”
“Bay Mills has also violated the state gaming compacts, most notably Section 9 which clearly requires the consent of all Michigan tribes to pursue gaming on non-reservation lands,” the statement continued. “We call on the National Indian Gaming Commission, the U.S. Department of Justice, and the Department of the Interior to work together with
Governor Jennifer Granholm and Attorney General Mike Cox to take swift and immediate action to close this illegal gaming operation, which threatens to undermine the significant public support for Indian gaming here within the State of Michigan and around the country.”
The coalition of tribes opposing the casino includes: Grand Traverse Band of Ottawa and Chippewa Indians Gun Lake Tribe of Pottawatomi Indians Little Traverse Bay Bands of Odawa Indians Nottawaseppi Huron Band of Pottawatomi Indians and the Saginaw Chippewa Indian Tribe.
Turtle Talk 
I guess I should not be surprised that in a moment which could be defined as monumental has turned into something filled with greed and self-interest! In a bold move that could once again benefit ALL the tribes of this state, (like our first native casino did) we are witnessing opposition from not only our brothers but from the governments to which we answer to. Government that came cloaked in diplomacy and reeking of deciept. Through all the hardships and struggles we have shown perseverance, adaptability and the heart to overcome attrocities! Some will argue that never in the history of the the world has a conquered nation been given so many rights but I am here to tell you that we have never been beaten! What our nation failed to accomplish through force they achieved through trickery and genocide (the mass distibution of known disease throughout the reservations killed many more than bullets ever did). Yet, here we are still being subjected to the same oppressions that we have fought long and hard to overcome. Our people are proud but we need not look far back to see the desparity and fatigue that plagued us. We have been considered by many as nothing more than a small thorn for a long time. We should come together as a people. Not as many tribes, but as one, solid, loud voice and whisper…”no more”. We are no longer insignificant. We are educated and eloquent. We are disciplined and determined. We are doctors and lawyers, tradesmen and diplomats, law enforcement and soldiers. We are mothers and fathers trying to pave the way for our children. We are brothers, divided as we may be. Let us not fall for more trickery and forked tongues. Let us be divided no longer and tell our oppressors to roll out the red carpet for our long journey on their trail of tears is coming to an end.
Both Soo and Bay Mills have had some pretty sorry Indian Law representation as of late. Might have something to do with not hiring Indians for Indian Law cases. Do yah think?