SCIT Release on Boundaries Settlement

From the SCIT page:

SETTLEMENT RECOGNIZES TREATY BOUNDARIES

November 8, 2010

The Saginaw Chippewa Indian Tribal Council today approved settlement of a suit it filed in federal court seeking recognition of the Isabella Indian Reservation. The settlement will ask the federal court to recognize the boundaries of the Isabella Indian Reservation established by the treaties of 1855 and 1864 and comprised of five full and two half townships in Isabella County.

According to Tribal Chief, Dennis V. Kequom Sr., the Tribe is pleased to reach this negotiated settlement with the City and State.

“We are hopeful that the county will join the city and state, and that the court will approve this settlement so that the governments can put this dispute behind them,” said Chief Kequom. “The federal government has also approved the settlement. General counsel for the Tribe, Sean Reed, said that “this settlement clearly recognizes the Tribe’s Reservation boundaries as ‘Indian Country’ and provides certainty with respect to the proper exercise of jurisdiction over Tribal members.”

The Saginaw Chippewa Indian Tribe filed suit against the governor of Michigan, the Michigan attorney general, and the treasurer of the State of Michigan in November of 2005 . The federal government joined with the Tribe in 2006. The city of Mt. Pleasant and Isabella County joined the state of Michigan in the lawsuit in 2007.

The settlement includes several intergovernmental agreements regarding issues of law enforcement, Indian child welfare, taxation, zoning and land use. It is the result of over 20 months of Court facilitated mediation.

Saginaw Chippewa and State Reach Settlement on Boundaries Case

Reported on Indianz.

Judge Ludington won’t approve the settlement until the public comments, according to the news. Strange there’s no settlement document available on which to comment….

LTBB Suspends Economic Incentive Payments

Article here, from Uplivenorth.

TV coverage here, from channels 9 & 10.

Little River Band Ottawa Plans for Fruitport Casino Revealed

From the Muskegon Chronicle, via Pechanga:

 

Business Week Coverage of BMIC Vanderbilt Casino Controversy

From B.W.:

The opening of a casino in northern Michigan this week by the Bay Mills Indian Community is raising legal questions over where tribes are allowed to open new gaming locations.

Joy Yearout, a spokeswoman for Michigan Attorney General Mike Cox, said state officials will meet with Bay Mills officials next week to discuss the new casino in Vanderbilt.

Gov. Jennifer Granholm’s administration is “deeply concerned” about the casino opening, spokeswoman Liz Boyd said, in part because it isn’t on the tribe’s reservation.

“There are substantial questions about whether the tribe in fact can legally conduct gaming on this property,” Boyd said in an e-mail to The Associated Press. “We are dismayed that the tribe would open an off-reservation gaming facility without first resolving these substantial legal issues.”

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Mich. AG’s Office to Meet with BMIC Monday

News article here.

News Update on Bay Mills Vanderbilt Casino — John Wernet Comments

Here.

Update: YouTube has a video of the inside here.

Bay Mills Indian Community on the Move Again: Port Huron Land Deal Completed Yesterday

News articles here and here.

MIRS: Casino Catches Officials Off Guard

From MIRS and Pechanga:

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&gt;  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&gt; GRANHOLM has been. However, the Granholm administration quickly voiced opposition to Bay Mills opening the Vanderbilt casino today.

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Bay Mills Press Release on Vanderbilt Casino

Here: BMIC Casino Press Release