gaming

Florida Seminole Tribe to Seek Compact through Secretarial Procedures

Matthew L.M. Fletcher

From the Orlando Sentinel:

After the Legislature voted down a proposed revenue-sharing deal Thursday, the Seminole Tribe will now turn to the federal government for authority to run its casinos that feature slots and blackjack, tribe attorney Barry Richard said in an interview.

Richard said that the tribe remains open to negotiate more with the Legislature, but “we’ve reached the conclusion that it’s time to begin looking at other options.”

“We made a vigorous effort to work this out,” he said. “We had two separate compacts with the governor. We made giant strides toward negotiation with the Legislature. It’s disappointing – the tribe can’t continue to wait forever.”

The tribe will enter a formal process known as “procedures,” in which it will ask the federal government for authorization to keep its blackjack tables open, even though there’s no compact in place to allow such table games. Continue reading →

Federal Civil Rights Complaint against Puyallup Tribal Police Dismissed

Matthew L.M. Fletcher

Here are the materials in Boyd v. Puyallup Tribal Police (W.D. Wash.):

DCT Order to Show Cause

Boyd Magistrate Report

Boyd DCT Order Adopting Magistrate Report

NIGC Indian Lands Opinion: Iowa Tribe, Oklahoma Allotments, and Section 20

Matthew L.M. Fletcher

Here.

Wells Fargo Opinion Issued

Matthew L.M. Fletcher5 Comments

Here: Decision and Order

Briefs are here, and the trust indenture is here.

LDF — Wells Fargo Trust Indenture

Matthew L.M. Fletcher1 Comment

Some have asked, so we’re posting the 86 page trust indenture: Trust Indenture

News Coverage of Wells Fargo — Flambeau Case

Matthew L.M. Fletcher

From the Milwaukee Journal Sentinel via Pechanga:

In a ruling that could have a far-reaching impact in Indian country, a federal judge has refused to appoint a receiver for the Lac du Flambeau’s northern Wisconsin casino even though the tribe defaulted on a $50 million bond.

The action last week by U.S. District Court Judge Rudolph T. Randa throws into question whether the financially struggling tribe, which has lost millions on out-of-state casino projects, will pay the $46.6 million it still owes on bonds that were sold in 2008.

“The entire agreement is a void issue,” said tribal administrator William Beson of the 2008 bond offering, which included giving Saybrook Capital – the California company that bought the bonds – the ability to force the tribe’s casino into receivership if the tribe defaulted on the bonds.

Randa’s decision means the tribe is not on the hook for the money, said Monica Riederer, the tribe’s attorney. Riederer, however, said that does not mean the tribe will walk away from the debt.

“They will do whatever they’re legally required to do,” Riederer said. “They do feel a sense of financial responsibility.” Continue reading →

Removal of Casino Slip and Fall to Federal Court Fails

Matthew L.M. Fletcher

Here are the materials in Keim v. Harrah’s Operating Co. (S.D. Cal.):

Harrah’s Motion to Dismiss

Harrah’s Response to Order to Show Cause

Keim DCT Order

Profile of Fred Dakota: “The Father of Indian Casino Gaming”

Matthew L.M. Fletcher2 Comments

Written by KBIC chief judge (and Fred’s son) Brad Dakota.

Here.

PDF

Cert Petition Filed over Nooksack Casino

Matthew L.M. Fletcher1 Comment

Here is the petition in North Country Community Alliance v. Salazar: North County Community Alliance Cert Petition

Lower court materials are here.

The questions presented:

Must the National Indian Gaming Commission establish its jurisdiction over a tribe’s potential gaming sites, by determining that such sites qualify as “Indian lands”, before approving the tribe’s gaming ordinance?

Does the National Indian Gaming Commission act ultra vires when it approves a tribal gaming ordinance which allows construction and operation of a gaming facility on land which is never determined by the Commission to be “Indian lands”?

There doesn’t appear to be any reason to grant cert in this case. By the petitioner’s own admission, there is no circuit split. This is a case of first impression before the Court, and that usually means a death knell for the petition.

Gaming on Newly Acquired Lands Rule Apparently Not Submitted to GAO

Kate Fort2 Comments

A recent Congressional Research Service (CRS) report detailed the number of agency rules which were not passed on to the Government Accounting Office (GAO).  Hat tip, Constitutional Law Prof Blog.  The report concludes that over 1,000 rules over the past 10 years had not been submitted to the GAO.  The reason for this requirement, according to the CRS report is as follows:

Agency regulations generally start with an act of Congress, and are the means by which statutes are implemented and specific requirements are established. Therefore, Congress has a vested interest in overseeing the regulations that agencies issue pursuant to those statutes. Because congressional authority over agency rulemaking was believed to have waned in recent decades (while presidential authority over rulemaking had increased), the CRA was enacted in an attempt to reclaim a measure of congressional control.107 Although Congress can learn about the issuance of agency rules in many ways, the requirement in Section 801(a)(1)(A) of the CRA that agencies submit all of their final rules to GAO and Congress before they can take effect helps to ensure that Congress will have an opportunity to review, and possibly disapprove of, agency rules.

Curious, we decided to try to find out if the recent advisory letter turned rule regarding gaming on newly acquired trust lands (with the 25 mile radius or near a “significant number of tribal members” requirement) was one that hasn’t been submitted to the GAO pursuant to the Congressional Review Act.   It appears it is.  25 CFR 292, “Gaming on Trust Lands Acquired After October 17, 1988” does not come up in a search of the GAO’s database Federal Rules Database.