Michigan Indian

Asian Carp Plea Denied

Matthew L.M. Fletcher

From SCOTUSblog:

The Supreme Court refused on Tuesday to order emergency measures sought by the state of Michigan to stop the migration of an invasive fish species, Asian carp, toward Lake Michigan from rivers and a sanitary canal in Illinois.  Without comment, the Court refused to issue a permanent injunction that would have closed waterway locks and required other temporary measures in reaction to the discovery of the carp upstream in Illinois rivers.  The Court’s order did not dispose of Michigan’s plea to reopen a decades-old decree to address the carp migration issue on its merits. That will come later in cases 1, 2 and 3 Original, Wisconsin, Michigan and New York v. Illinois.

News Coverage Update on Asian Carp Case

Matthew L.M. Fletcher1 Comment

From How Appealing:

“Something’s Fishy at the High Court”: Tony Mauro of The National Law Journal has this report.

And last Sunday’s edition of The Chicago Tribune contained an article headlined “Asian carp: Take that carp and fry it; River invader is more tasty morsel than maligned in some quarters.”

Update on Gun Lake Casino Construction

Matthew L.M. Fletcher4 Comments

From K’zoo Gazette via Pechanga:

Gun Lake Casino construction 1View full sizeShawano Cleary | Special to the Kalamazoo GazetteBob Ely, of Ace Steel and his partner, Riley Beight, work on the Gun Lake Casino in Wayland Township last week.
WAYLAND TOWNSHIP — Cooperative weather up until mid-December allowed work crews constructing the Gun Lake Casino in Wayland Township to get a bit ahead of schedule on the 83,000-square-foot facility.

Gun Lake Casino Artist renderingView full sizeHandout photo.Artist rendering of the exterior of the planned Gun Lake CasinoThe foundation has been laid and steel beams are being installed on the $157 million casino — less than half the size originally planned— off Exit 61 on U.S. 131, halfway between Grand Rapids and Kalamazoo on the former Ampro Products factory site. It is scheduled to open at the end of this summer. Continue reading →

Op/Ed on Saginaw Chippewa Fee to Trust Application

Matthew L.M. Fletcher

From the Morning Sun via Pechanga:

The Saginaw Chippewa Indian Tribe is following the lead of many other Tribes across the country by purchasing land, then asking that the land be put into trust by the federal government.

It’s a historical fact that much of the land allotted to the Native people during the 19th century was swindled away from its rightful owners by unscrupulous lumber barons, land barons and railroad barons. Now that the Tribe has substantial resources, it has been quietly but persistently purchasing property.

When land is in trust, there is no question of Tribal sovereignty on that land. The land where the Soaring Eagle Casino & Resort sits has been in trust for decades, and no one questions that the Tribe and the federal government have jurisdiction there; the state, county and Chippewa Township don’t.

There’s also no question that land in trust is not taxable by local governments. There’s no question that local governments’ zoning rules don’t apply there, either.

When the Tribe owns land that’s not in trust, it pays taxes on them. It’s subject to local and state regulation, like land owned by any other property owner. Continue reading →

News Article on Possible Cross-Dep between GTB and Grand Traverse County

Matthew L.M. Fletcher

From local TV:

Grand Traverse County could be getting new officers, but without hiring any new ones. It’s part of a cross deputization proposal from the Grand Traverse Band of Ottawa and Chippewa Indians. What are the implications and how might it give a boost to the sheriff’s department budget?

The details are tonight’s Fact Finder Report.

We may all live in northern Michigan, but a complicated past has left some of us in different legal territory.

John Petoskey, General Council for the Grand Traverse Band of Ottawa and Chippewa Indians says, “Because of the history of the relationship between tribes in the U.S. tribes do not have criminal jurisdiction over non tribe members and the state does not have criminal jurisdiction over tribal members.”

One aspect of that relationship may be changing.

The Grand Traverse Band and Grand Traverse County are discussing a cross deputization agreement.

Petoskey says, “What the cross deputization agreement would provide is the ability of the officer on the ground to make the arrest and sort out who has jurisdiction the next day.”

Right now if there’s a non tribal member breaks the law on property owned by the tribe, like Turtle Creek Casino, right now tribal officers can kick them off the property for trespassing, but that’s about it.

Petoskey says, “If we had a cross deputization agreement the tribe would be acting as deputies of Grand Traverse County to affect the arrest. The prosecution would still take place in Grand Traverse County though.”

Currently the Grand Traverse Band has similar agreements in 4 area counties; Charlevoix, Antrim, Benzie and Leelanau counties. He says those agreements are each for a number of years, but can be rescinded with a 30 day notice. And tribal leaders are using that model as the proposal for Grand Traverse County.

But why is Grand Traverse County the only county in the greater Grand Traverse Region without this kind of agreement?

You might blame it on previous administrations. Continue reading →

Op/Ed re: Carcieri Fix

Matthew L.M. Fletcher

From the Traverse City Record-Eagle:

The Grand Traverse Band of Ottawa and Chippewa Indians celebrates its 30th anniversary of federal recognition this year, but nothing, apparently, is sacred in ever-changing federal American Indian policy.

A controversial Supreme Court ruling last year blocks many American Indian tribes recognized by the U.S. Interior Secretary after 1934 from making more land-to-trust applications.

The high court’s Carcieri vs. Salazar ruling on Feb. 24, 2009, and politics surrounding a proposed legislative fix, show just how frustrating, confounding and shameful federal American Indian policy has been over more than two centuries of American history — and apparently still is.

The ruling appears to have no effect on the Grand Traverse Band, which was recognized in 1980. In fact, the Interior Department approved trust status for 78 acres in Antrim County on Dec. 10.

The ruling also does not appear to affect two other area tribes — the Little Traverse Bay Bands of Odawa Indians in Emmet County and the Little River Band of Ottawa Indians in Manistee County, both recognized in 1994 by federal statute. Continue reading →

Profile of Fred Dakota: “The Father of Indian Casino Gaming”

Matthew L.M. Fletcher2 Comments

Written by KBIC chief judge (and Fred’s son) Brad Dakota.

Here.

PDF

Grand Traverse Resort GM Moving to Pechanga

Matthew L.M. Fletcher

From the Traverse City Record-Eagle via Pechanga (of course):

ACME — The search is on for a new leader at the Grand Traverse Resort & Spa, since its president and general manager is headed to southern California.

Grant Channing led the 600-room resort owned by the Grand Traverse Band of Ottawa and Chippewa Indians for more than three years. He’ll step down Friday and will take over as vice president of hotel operations at the Pechanga Resort & Casino in Temecula, Calif., a 517-room resort and casino north of San Diego owned by the Pechanga Band of Luiseño Indians.

“Something has to challenge me for me to go, and there were some challenges there that intrigued me to go,” Channing said. “The most difficult thing, frankly, was leaving here.”

Continue reading →

Introducing MSU’s American Indian Programs and Organizations Website

Matthew L.M. Fletcher

American Indian Programs and Organizations

Welcome to the American Indian Programs and Organizations Web portal at Michigan State University. This is your connection to the university’s many resources for American Indian scholarship, outreach, and support services.

Michigan State is home to one of the nation’s most inclusive approaches to American Indian studies in the nation, offering a wide range of programs and organizations related to American Indians, exploring all aspects of indigenous life. MSU has a long history of sharing the knowledge and resources created at the university with surrounding communities, adding to the vitality and richness of American Indian life—in Michigan and beyond.

Annual American Indian Events at MSU

Indigenous Law and Policy Center Spring Speaker Series

Held in the spring semester, this speaker series includes authors of new books about Indian law or Indian country who are invited to speak at MSU College of Law by the Indigenous Law and Policy Center. Generally, the events are held during lunchtime in the Castle Board Room, located in the law school building.

Indigenous Law and Policy Center Annual Conference

Held in the fall semester, the ILPC annual conference brings together scholars, practitioners, judges, and community members to discuss issues surrounding a specific topic. Past topics have included the Indian Child Welfare Act, American Indian law and literature, the Indian Civil Rights Act, and the UN Declaration on the Rights of Indigenous Peoples.

News Profile on GTB Chairman

Matthew L.M. Fletcher

From the Traverse City Record-Eagle:

PESHAWBESTOWN — Derek Bailey made several promises throughout his campaign to lead a local American Indian tribe.

One of them was to work with all levels of government. So far, it appears the youngest tribal chairman of the Grand Traverse Band of Ottawa and Chippewa Indians has lived up to that pledge.

“Derek has been very open to collaboration with the county,” Leelanau County Commissioner David Shiflett said.

Commissioner Richard Schmuckal said Bailey is “the most active” tribal chairman he’s worked with since joining the Leelanau County board seven years ago.

“He’s here, he’s there,” Schmuckal said. “He’s very energetic.”

Bailey, 37, also reached beyond Michigan borders. He’s visited Washington D.C. five times since taking over as tribal chairman in December 2008.

“When I go out and travel, I’m living up to the promises I made during my campaign,” Bailey said. “My perspective is to develop those relationships. It’s important to put a face to a name.”

So it’s no surprise that one of the “major highlights” from Bailey’s first year in office involved a public introduction from President Barack Obama before a presidential speech in July on the American Graduation Initiative. Before he began, Obama introduced Bailey.

“And the chairman of the Grand Traverse Band of Ottawa and Chippewa Indian Tribe, Derek Bailey is here. Please give Derek a big round of applause,” Obama said.

Continue reading →