The Shinnecock Tribe and the Handbook of Federal Indian Law

The Shinnecock tribe has an interesting argument in favor of their federal recognition. From the East Hampton Star:

“The Shinnecocks have since sued the Department of Interior in federal district court to be placed on the list. They maintain it is illegal to not place them on the list after they have received federal judicial recognition.

“The tribe also filed an amended complaint incorporating documents that show that the tribe was listed in a 1914 Department of Interior report to the United States Congress as a tribe in New York State subject to federal jurisdiction with federally protected lands. This was reaffirmed in other department lists dated 1929, 1938, and 1941, according to the Shinnecocks.

Mr. Gumbs noted that the tribe was also included in a book “The Handbook of Federal Indian Law,” compiled by Felix Cohen for the Department of the Interior in 1945, which includes the Shinnecocks in its listing of tribes in New York State. The tribes listed here and in the other department lists have all since been added to the department’s current list of federally recognized tribes or have successfully sued to be placed on it without having to go through the Bureau of Indian Affairs review, he said.

More details of the tribe’s claims are here.

Plans for Muskegon Casino?

From the Muskegon Chronicle: “Flying under the public radar screen since a successful 2003 non-binding city of Muskegon ballot proposal supporting the concept of a casino for downtown Muskegon, Archimedes Group LLC now has unveiled a $2.4 billion concept plan for a downtown Muskegon waterfront casino resort that is predicated on federal tribal recognition for the Grand River Band of Ottawa Indians.”

Later in the article, the Archimedes people made an assertion that doesn’t really stand up to scrutiny:

“Left unanswered is how the Grand River Band gains the ability to open an Indian casino in downtown Muskegon, but Archimedes spokesman Dick Anderson said the tribe is ‘on the cusp’ of federal recognition — a critical step in the process.”

Our post about the federal recognition process and the Grand River Band is here. There is support from Senator Levin, but I would surprised if there is a serious push in Congress to recognize the Band. I would like to be wrong, but announcing plans for casinos long before federal recognition is a certainty creates more difficulty for unrecognized tribes.

Gatzaros Awarded Stake in Greektown Casino

From the Detroit News: “After nearly 10 years of investigating Greektown businessman Ted Gatzaros, the Michigan Gaming Control Board today awarded him partial ownership in a Detroit casino.”By a unanimous vote, the board approved Gatzaros’ application to become a 1 percent owner in Greektown Casino. Before the vote, board members said they could find no reason to reject the request.”

***

“Gatzaros and his partner Jim Pappas were instrumental in pushing casino gambling in Detroit in the 1990s. After voters approved casino gambling in a statewide referendum, Detroit awarded the pair one of three casino licenses.

“Following an investigation, however, the Gaming Board indicated a license to the pair would not be approved. Gatzaros and Pappas ultimately ended up selling their interest to the Sault Ste Marie Tribe of Chippewa Indians.

“Under that sale agreement, the Tribe promised to sell a 4 percent interest in the casino and split the money between Gatzaros and Pappas. However, the agreement did not include a timetable for the sale.

“With the board’s decision today, Gatzaros has agreed instead to take 1 percent ownership in the casino.”