Legislation

Jeff Parker in Business Week re: Metro Detroit Casino Proposals

Matthew L.M. Fletcher

From Business Week:

MGM Mirage’s Hidden Card

The flyers mailed to homes across Michigan in late January looked like the handiwork of a group bitterly opposed to gambling. They pictured dice emblazoned with exclamation marks, piles of crumpled-up cash, and text blaring: “Washington Poised to Force Two New Casinos on Michigan Families. Only You Can Stop the Special Interests.” The outfit behind this grassroots campaign calls itself Gambling Watch.

As it turns out, Gambling Watch is a tiny operation financed by MGM Mirage (MGM), one of the world’s largest gaming companies. MGM is locked in a bitter dispute with two Native American tribes that hope to open casinos in Michigan. The Las Vegas company inaugurated a new $800 million casino in downtown Detroit in October and is not in the mood for competition. There’s nothing underhanded about its tactics, MGM says. “We’ve made no secret of where we are on this,” says Alan Feldman, senior vice-president for public affairs at MGM Mirage.

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Wildenthal on Donovan v. Coeur d’Alene Tribal Farm — MSU Law Review

Matthew L.M. Fletcher

Bryan Wildenthal has posted “How a Ninth Circuit Panel Opinion Overruled a Century of Supreme Court Indian Law Jurisprudence — And Has So Far Gotten Away With It” on SSRN. This paper is part of the Michigan State Law Review’s symposium on federal labor law and tribal sovereignty.

Here’s the abstract:

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The Issues in Carcieri v. Kempthorne

Matthew L.M. Fletcher

The two questions presented in Carcieri v. Kempthorne have significant import for much of Indian Country. But it might be a mistake to conclude the first question (whether the Secretary can take land into trust for tribes that were not federally recognized in 1934, when the Indian Reorganization Act was passed) is an Indian law question. The outcome of that question may turn on the Supreme Court’s decision in National Cable & Communications Assn v. Brand X Internet Services, 545 U.S. 967 (2005). Huh?!?!?

Consider the United States’ brief in opposition to the petition for cert:

    As this Court held in [Brand X], a “judicial precedent” does not “foreclose an agency from interpreting an ambiguous statute” in a reasonable way that differs from the “court’s opinion as to the best reading” of the statute, unless “the prior court decision holds that its construction follows from the unambiguous terms of the statute and thus leaves no room for agency discretion.” [Brand X, at 982-83.]

Cert Opp at 9.

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Off-Reservation Casino Bills Inspire Big Fight — Bay Mills & Sault Tribe

Matthew L.M. Fletcher

From Indianz:

Disgraced Republican lobbyists Jack Abramoff is in prison but his name is being thrown around a lot as the House considers legislation to authorize two off-reservation casinos.

Abramoff lobbied against casinos sought by tribes in Louisiana and Michigan. One of his former clients was the Saginaw Chippewa Tribe of Michigan, which spent $14 million in hopes of defeating rival gaming projects. The Saginaw Chippewas dumped Abramoff but the tribe is opposing legislation to allow the Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa Indians to open casinos hundreds of miles from existing reservation. Other opponents include members of the Congressional Black Caucus and Las Vegas gaming interests. “I’m somewhat optimistic that we can get this through Congress, which is not to say it isn’t going to be a battle,” Bay Mills Chairman Jeff Parker told The Port Huron Times Herald. “Those opposed to this for financial reasons will continue to throw money at it.”

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Bay Mills and Sault Tribe Land Claims Settlement Bills Reported Out of Committee

bnewland

During a Full Committee MarkUp session today, the House Committee on Natural Resources voted to report HR 2176 (A bill to provide for and approve the settlement of certain land claims of the Bay Mills Indian Community) to the floor of the House of Representatives by a vote of 21 to 5.

The Committee also voted to report HR 4115 (A bill to provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians) to the floor of the House of Representatives by a vote of 26 to 5.

HR 2176 authorizes the Bay Mills Indian Community to operate a gaming facility in Port Huron. HR 4115 authorizes the Sault Ste. Marie Tribe of Chippewa Indians to operate a similar facility in either Romulus or Flint.  In both cases attempts to amend the bills were voted down.

We’ve posted about these bills and issues surrounding them here, here, here and here

Freep Opposes Bay Mills and Sault Tribe Bills

Matthew L.M. Fletcher

From the Detroit Free Press:

Say no to a bad precedent on casinos

Among John Engler’s last acts as governor of Michigan — on Dec. 30, 2002, to be precise — was approving a land claim settlement with two Upper Peninsula Indian tribes that gave them rights to property for two separate casinos in southeast Michigan. The settlement was long overdue, but the terms Engler allowed were way too generous to the tribes.

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Seattle Times Editorial Supporting State Bill to Expand Tribal Law Enforcement Authority

Matthew L.M. Fletcher

From the Seattle Times:

Expand tribal police authority

As more and more non-Indians work, play and shop on tribal land, there is a serious imbalance in the legal ability to maintain law and order.

House Bill 2476, and a companion measure in the Senate, would give tribal police departments the authority to arrest non-Indians on tribal land. The legislation deals with the reality of skyrocketing contacts across economic and sovereign boundaries.The intent is straightforward. Tribal police officers would have the powers of any other Washington peace officer to enforce state laws and make arrests.

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Granholm Amendment to Bay Mills Charlotte Beach Settlement

Matthew L.M. Fletcher

As reported earlier, here is the amendment to the Bay Mills Indian Community settlement agreement executed last November.

Bay Mills Indian Community 2002 Settlement

Bay Mills Indian Community 2007 Settlement Amendment

Written Testimony from House Resources Hearing re: Off-Rez Gaming

Matthew L.M. Fletcher

Carl Artman–Dept. of Interior

 Jeff Parker–Bay Mills Indian Community

Aaron Payment–Sault Tribe

Alan Lambert–Romulus

Karl Tomion–Port Huron

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Abramoff-Style Media Assault on Port Huron/Flint/Romulus Deal

Matthew L.M. Fletcher

From the Port Huron Times Herald:

Casino foes launch blitzes in Detroit, D.C.

A media blitz aimed at rallying opposition to proposed casinos in Port Huron and Romulus is being orchestrated by a public-relations consultant who has worked for some of the biggest names in Democratic politics.

Peter Ragone III confirmed he is president of the newly created Americans for Gaming Reform Inc., which has launched a radio campaign in Detroit and bought a full-page ad Tuesday in Roll Call, a newspaper that covers Capitol Hill.

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