Commentary on Warm Springs Gaming Compact Approval

Here is the Federal Register notice — Fed Reg 03.01.11

From Lance Boldrey:

Here is today’s Federal Register notice announcing that a compact for Warm Springs has been “deemed approved” notwithstanding that the ultimate effectiveness of the compact is conditioned on, among other things, the land being taken into trust at a future date. (The land is not yet in trust.) Although done without fanfare, this confirms that Interior has completely repudiated the so-called “Warm Springs” doctrine put in place during the Bush Administration. That doctrine, which reversed Interior’s historical practice, held that Interior would not approve a site-specific gaming compact unless and until the land was in trust. By rejecting that doctrine, the Obama Administration returns to a more sensible policy of allowing tribes and states to work out the parameters of gaming before land goes into trust.

Op-Ed Letter on Vanderbilt Casino

A letter in the Flint Journal by Ken Harrington, tribal chairman, Little Traverse Bay Bands of Odawa Indians; David K. Sprague, tribal chairman, Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians; Homer A. Mandoka, tribal chairman, Nottawaseppi Huron Band of Potawatomi Indians; Dennis V. Kequom, tribal chief, Saginaw Chippewa Indian Tribe.

All tribes rely on Indian gaming to fund health care, housing, education and cultural preservation for seven generations to come. It has brought hope to our people and we cannot allow the reckless actions of one tribe to jeopardize our future.

As tribal leaders, we are acutely aware of the need to honor our promises. We made promises to the people of Michigan in our gaming compacts, and we will continue to honor our commitments. We urge the Bay Mills Tribe to do the same.

Interior Letter on Stockbridge-Munsee Compact Denial

Here: 20110218 interior rejects stockbridge-munsee compact.

Also available here.

New Mexico Appellate Court Finds Tribal Waiver of Immunity in Gaming Compact

Here is the unpublished decision in Bowen v. Mescalero Apache Tribe.

An excerpt:

Plaintiff has properly pled the conjunctive elements of waiver required by the Compact.  Consequently, Defendant’s sovereign immunity from suit has been waived, and the district court improperly granted Defendant’s motion to dismiss for lack of subject matter jurisdiction.

Not sure if this means immunity is waived simply by pleading certain jurisdictional facts, or if the tribe’s immunity is reinstated assuming those jurisdictional facts are later disproven. Interesting conundrum.

Federal Court Dismisses Tort Claim against Chukchansi

Here is the opinion in Merrill v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):

DCT Order Dismissing Merrill Complaint

Chukchansi had waived its immunity in tribal court, but not in federal or state courts.

Federal Court Denies Fond du Lac Motion for Stay in Ongoing Gaming Compact Dispute

Here are the materials in City of Duluth v. Fond du Lac Band of Lake Superior Chippewa Indians (D. Minn.):

R&R Denying Motion for Stay

DCT Order Denying Motion for Stay

Complaint in Arizona/Gila River v. Tohono O’Odham Nation

Here: Arizona & Gila River Complaint

Bergal Mitchell Indictment

Here: Bergal Mitchell Indictment.

 

Grand Ronde Complaint Challenging Interior’s Trust Acquisition for Cowlitz

Here is the complaint: Grand Ronde Complaint.

A companion suit filed by others is here.

Gun Lake Casino Opens

Here is the Freep coverage:

The state’s newest tribal casino has opened in west Michigan.

Hundreds of people gathered inside and outside the Gun Lake Casino Thursday night, awaiting the public opening of the gaming facility in Allegan County’s Wayland Township, about 20 miles south of Grand Rapids.

The opening of the $157 million facility came after more than 15 years of debate and lawsuits for the Gun Lake  Band of Pottawatomi Indians.

The Grand Rapids says the 76,000-square-foot casino features 1,450 slot machines and 28 table games. It will be open 24 hours a day, seven days a week.

Marcia Hale and Tracey Hale of Wyoming planned to play slot machines and video poker games all night. Marcia Hale said she had to work at 5 a.m. today, but might stay until then.