Michigan Indian – Page 121

Reorganized Greektown Casino Investors Respond to Stupak

June 16, 2010Matthew L.M. Fletcher

WASHINGTON – A week after U.S. Rep. Bart Stupak asked the federal Interior and Justice departments to put the brakes on the bankruptcy reorganization of Greektown Casino, a lawyer for the investors set to take control from the Sault Ste. Marie Tribe of Chippewa Indians, said Stupak’s claims on behalf of the tribe should not be allowed to slow the process.

Allan Brilliant, a New York lawyer representing a group of private equity and hedge funds which will take ownership of the Detroit casino, said in his letter Tuesday that U.S. Attorney General Eric Holder and Interior Secretary Ken Salazar should “disregard” Stupak’s request to look into the reorganization, saying the tribe’s “last-minute, baseless attempt to delay such exit (from bankruptcy) is detrimental to all parties that benefit from the revenues generated by the facility.”

Last week, Stupak – a Democrat from Menominee on the Upper Peninsula, where the Sault tribe is based – said Holder and Salazar should look into whether land held in trust by the federal government on behalf of a tribe can be handed over to investors without an act of Congress.

He said some of the land on Beaubien Street in Detroit where Greektown Casino is located was given to the federal government on the tribe’s behalf by private investors.

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Michigan COA Affirms Termination of Parental Rights under ICWA

June 16, 2010Matthew L.M. Fletcher

Here is the unpublished opinion: In the Matter of MPT.

Hearing on Little River Band Off-Rez Gaming Compact Delayed

June 15, 2010Matthew L.M. Fletcher

From Indianz:

A hearing on the off-reservation casino sought by the Little River Band of Ottawa Indians has been delayed.

The Michigan House Regulatory Reform Committee held an initial hearing on the project on May 26. Additional hearings were scheduled but they were canceled.

“I don’t get why they’re holding this up,” Rep. Doug Bennett (D), who supports the casino, told The Muskegon Chronicle.

The new hearing probably won’t be held until the end of this month or in early July, an aide to Rep. Bert Johnson, the chairman of the committee, told the paper. The location hasn’t been determined either although it will be held somewhere in the Muskegon area.

The tribe wants to build the casino at a former racetrack in Fruitport Township, near Muskegon. The site is about 80 miles from the tribe’s headquarters but it’s within the tribe’s nine-county service area.

The Saginaw Chippewa Tribe, the Nottawaseppi Huron Band of Potawatomi Indians and the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians oppose the project. They say the Little River Band violated the terms of the original Class III compact by not seeking approval from other tribes for an off-reservation casino.

Get the Story:

State House group to have casino proposal hearing here (The Muskegon Chronicle 6/15)

Sault Tribe Enlisted Stupak to Pressure Justice and Interior on Greektown Parcel

June 13, 2010June 13, 2010Matthew L.M. Fletcher

From the Soo Evening News:

The Sault Tribe of Chippewa Indians has gained a powerful ally in its bid to retain Greektown Casino as Congressman Bart Stupak (D-Menominee) has requested the U.S. Bankruptcy Court and the Michigan Gaming Control Board to postpone Chapter 11 reorganization.

In a three-page letter [20100609_GreektownCasino], Stupak urges the U.S. Department of the Interior and the U.S. Department of Justice to investigate if it is legally possible for the Sault Tribe to lose its real estate interest in Greektown Casino. Essentially, Stupak argued, that the 0.76 acre parcel located at 1010 Beaubien Street in the City of Detroit has been placed in federal trust and cannot be conveyed to another party without Congressional authorization.

“I seriously question the propriety and legality of a process in which the property conveyed to the United States in trust on behalf of the Tribe can be conveyed without authority from Congress and without full Tribal consent,” wrote Stupak, indicating it was his opinion that the parcel is owned by the federal government for the benefit and use of the Sault Ste. Marie Tribe of Chippewa Indians.

Stupak went on to write “that any further proceedings related to the reorganization of the Greektown Casino by the Michigan Gaming Control Board or other agencies be postponed” until a determination is made by federal authorities.
Stupak expressed his concerns regarding this matter following a meeting with Director D.J. Hoffman of the Sault Tribe Board of Directors last week.

“On June 4, 2010 myself, Director (Keith) Massaway and Chairman (Darwin “Joe”) McCoy met with Congressman Stupak to discuss Tribal issues, including Greektown,” said Hoffman. “I am extremely grateful that Congressman Stupak recognized the serious nature of this situation and immediately took action to call this issue into question.”
Chairman McCoy expressed similar sentiments.

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Stupak Throws Indian Law Monkey Wrench Into Greektown Bankruptcy

June 11, 2010June 11, 2010Matthew L.M. Fletcher1 Comment

Potentially, though perhaps not likely, this is a huge issue. Assuming that the Greektown parcel is owned by the Secretary of Interior on behalf of the Sault Tribe, then an Act of Congress may be required. And if one is not forthcoming, there may be some very interesting litigation involving the interaction of federal bankrupcty laws and maybe the Quiet Title Act. If the land is not in trust, then we may still have a Non-Intercourse Act problem, but likely not. Apparently, according to the letter, the land is in trust.

Update: Via Indianz, here is Stupak’s letter.

From the Freep, via Pechanga:

WASHINGTON — U.S. Rep Bart Stupak wants to halt the bankruptcy reorganization of Greektown Casino at least until the federal government determines whether an act of Congress is needed to transfer the land the Detroit gaming hall sits on.

Earlier this year, a federal bankruptcy judge approved a reorganization plan allowing Greektown Casino’s bondholders — including several private equity and hedge funds — to take ownership. The Sault Ste. Marie Tribe of Chippewa Indians, based on Michigan’s Upper Peninsula, has a majority ownership stake in the casino.

The process needs the approval of the Michigan Gaming Control Board, with a court deadline of June 30 approaching.

But Stupak, D-Menominee, has asked U.S. Attorney General Eric Holder and Interior Secretary Ken Salazar to delay any change in ownership while they investigate whether land held by the federal government on behalf of the tribe — about three-fourths of an acre on Beaubien Street in Detroit — can be transferred without an act of Congress.

“The tribe stands to lose its entire investment in the business, including a portion of the real property underlying the casino,” Stupak said in the letter written Wednesday.

According to Stupak, 400 Monroe Associates — controlled by Greektown businessman Ted Gatzaros — deeded the land to the U.S. Department of Interior on behalf of the tribe in 1992.

Tribally owned lands cannot be sold without the consent of the federal government, and the Interior Department is not allowed to approve the sale of such land without direct congressional authorization, Stupak said.

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Saginaw Chippewa Briefs Struck in Reservation Boundary Case as Not Being Timely

June 8, 2010Matthew L.M. Fletcher

Here is the order: DCT Order Striking Sag Chip Briefs

The remaining materials are here.

EPA Visits Eagle Rock

June 7, 2010Matthew L.M. Fletcher

From ICT, via Pechanga:

BIG BAY, Mich. – As the top government official who oversees Great Lakes water quality stood on the edge of sacred Eagle Rock, overlooking a pristine expanse of the Yellow Dog Plains, she gained a better understanding about why the state-owned land is sacred to Michigan’s Ojibwa.

“I very much understand what their concerns are – and that is one of the things we are considering as we moved forward on this,” said Tinka Hyde, Water Division director for Environmental Protection Region 5. “We realize that Eagle Rock is of cultural and religious importance to the tribe.”

Hyde was one of three EPA regional bosses from Chicago and the agency’s tribal liaison for Michigan who were given a tour of the area May 13 by officials from the Keweenaw Bay Indian Community during a two-day visit to Michigan’s Upper Peninsula.

Members of numerous tribes including Ojibwa, Cherokee and Lakota had been camping at the base of Eagle Rock since April 23 in hopes of preventing Kennecott Eagle Minerals from building a nickel and copper sulfide mine – named the Eagle Project. At the company’s request, state and local police officers raided the encampment May 27 arresting two campers.

Under federal treaties, Ojibwa have rights to hunt, fish and gather on the state of Michigan owned land. The state leased the land to Kennecott with the understanding that all permits must be approved.

Hyde said any ruling the EPA makes about the withdrawal of state and federal permit applications by Kennecott subsidiaries will be based solely on environmental protection laws, primarily the 1974 Safe Drinking Water Act.

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IPR on Eagle Rock Controversy

June 6, 2010Matthew L.M. Fletcher

From IPR:

Listen

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Fletcher_SacredSites.mp3

Photo courtesy of Yellow Dog Summer

By Bob Allen

Protestors of Michigan’s decision to permit underground mining at Eagle Rock near Marquette took petitions to the state capitol Thursday. Members of the Keweenaw Bay Indian Community say Eagle Rock is a sacred site to them, and a mine dug into the face of the rock will destroy it.

Eagle Rock is located on state land leased to Kennecott Minerals.

State law says mining operations have to take into consideration impacts to places of worship. But state officials ruled that places of worship means those located in a building such as a church.

Matthew Fletcher is an American Indian and professor of law at Michigan State University. He says any appeal of the state’s ruling about sacred places may not be a sure winner.

Listen to Bob Allen’s chat with Fletcher by playing the audio above.

Fletcher on “Race and American Indian Tribal Nationhood” — UPDATED

June 4, 2010June 4, 2010Matthew L.M. Fletcher

“Race and American Indian Tribal Nationhood” is available for download here. [The paper is there now, sorry.]

Here is the abstract:

Modern American Indian nations face a racial paradox. On one hand, the citizenry of Indian nations is almost exclusively based in race, ethnicity, and ancestry. Indian nations would not be “Indian” without this basis. But American constitutional principles dictate that laws based on racial, ethnic, or ancestral classifications are highly disfavored. For Indian nations, this means that Indian governments have virtually no authority to regulate the activities of the non-Indian citizens that live amongst Indian communities. This paper offers a long-term solution to this conundrum, a solution that requires Indian nations and American courts and policymakers to modernize understandings about American Indian tribal nationhood. American Indian law and policy forced Indian nations into a legal status akin to “domestic racial nations.” By tweaking Indian citizenship requirements, and recognizing the national character of modern Indian nations, modern Indian nations should more properly be understood as simply “domestic nations,” much like Monaco and The Vatican.

Constructive feedback welcome.