Here is the order (CA10 Order Granting En Banc Review), the earlier materials (here), the news report from Indianz, and here are the en banc petition stage materials:
EPA Opposition to En Banc Petition
Michigan Indian
A Reception to Benefit the National Indian Child Welfare Association
 |
||||
|
You can sign up here.
Suit against Gun Lake Trust Acquisition Dismissed
Here is the news report.
And the materials:
DCT Order Dismissing Patchak Claims
LTBB Credit Rating Dips
From the Petoskey News-Review (H/T Junior; also Indianz):
Standard & Poor’s — an independent global provider of credit ratings — has reduced the Little Traverse Bay Bands of Odawa Indians’ credit rating twice in one week.
Following the tribe’s Aug. 11 announcement that it was attempting to re-negotiate the payment of its $122 million in senior unsecured notes — which were originally issued in 2006 to support the construction of the Odawa Casino Resort — and would therefore be suspending its $6.3 million in interest payments due Aug. 17 to its holders; Standard & Poor’s issued a statement Aug. 12, that it would immediately reduce the tribe’s credit rating from ‘CCC’ to ‘CC’ with a negative outlook.
According to Standard & Poor’s credit rating definitions, available on their Web site — www.standardandpoors.com— a ‘CCC’ credit rating means that a company is currently vulnerable, and ‘CC’ means the company is highly vulnerable.
In its Aug. 12 release, Standard & Poor’s also stated that once the tribe missed its interest payment on Monday, Aug. 17, that its credit rating would be reduced to ‘D,’ which means the company has failed to pay one or more of its financial obligations, and that the global credit-rating provider believes the tribe will fail to pay all, or substantially all of its obligations as they come due.
Sixth Circuit Affirms Dismissal of Oklahoma Ottawa Treaty Claims — Declines to Apply Laches
Here is the Sixth Circuit’s opinion in Ottawa Tribe of Oklahoma v. Logan — Ottawa Tribe of Oklahoma v Ohio DNR.
The lower court had made its primary holding that the Ottawa Tribe’s treaty claims were barred by laches, as in Sherrill and Cayuga. But consistent with an amicus brief filed by NCAI and Michigan tribes, the Court declined to apply laches, instead relying upon an interpretation of the relevant treaties.
Gun Lake Reservation Declared
From DOI:
WASHINGTON – Assistant Secretary-Indian Affairs Larry Echo Hawk announced today that the Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan’s reservation proclamation has been signed. Approximately 147 acres, more or less, will serve as the Tribe’s initial reservation under the authority of the Indian Reorganization Act of June 18, 1934 (48 Stat. 986; 25 U.S.C. 467). The land is located in Wayland Township, Allegan County, Michigan.
“I am pleased to issue this proclamation and to exercise the authority delegated to me by the Secretary of the Interior to the Match-e-be-nash-she-wish Band of Pottawatomi Indians,” Echo Hawk said. “The land is for the exclusive use of Indians on the reservation who are entitled to reside at the reservation by enrollment or tribal membership. These properties will provide opportunities for economic development, self-determination and self-sufficiency.”
A proclamation is a formal declaration issued by the Secretary, proclaiming that certain trust lands, acquired for an Indian tribe, are a new reservation or are being added to an existing reservation. The request for a proclamation must originate from the tribe. The parcel was acquired in trust under the authority of the Indian Reorganization Act.
The Gun Lake Tribe filed their initial land acquisition application with the Bureau of Indian Affairs (BIA) in August of 2001, requesting the Secretary of the Interior to take this land into trust and to proclaim the land to be the Tribe’s reservation. The application was processed in accordance with 25 C.F.R. Part 151 and the Indian Gaming Regulatory Act. On May 13, 2006, the Department of the Interior, BIA, published in the Federal Register, a Notice of Final Agency Determination to take the 147 acres of land into trust for the Gun Lake Tribe under 25 C.F.R. Part 151.
On August 10, 2009, Assistant Secretary Echo Hawk signed the proclamation for the Tribe’s initial reservation. With this proclamation the trust lands are now legally a formal reservation. The BIA’s Midwest Regional Office shall record the Federal Register’s notice and Proclamation in the Land Titles and Records Office, after which the Original Proclamation will be sent to the Tribe for their records.
The Assistant Secretary-Indian Affairs has responsibility for helping the Secretary of the Interior to fulfill his trust responsibilities to tribal and individual trust beneficiaries and promoting self-determination and self-governance for the nation’s 564 federally recognized American Indian and Alaska Native tribes. The Assistant Secretary oversees the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE), which administers one of two federal school systems.
Article on Soo Tribe’s Future Post-Greektown
From the Detroit News:
That’s the simple question, with complicated answers, facing the Sault Tribe of Chippewa as it decides what to do about Greektown Casino-Hotel.
The bankrupt Detroit gambling hall that began as a dream of self-sufficiency has turned into a legal nightmare and financial albatross that’s divided 38,000 tribal members, choked the tribe’s finances and forced its leaders to rethink long-term ambitions aimed at improving the lives of one of the state’s most historically oppressed people.
“It wasn’t supposed to end up like this,” said Bernard Bouschor, a former Sault Tribe chairman who now sits on its board of directors. “Not after we spent so much time and money.”
The predicament in which the tribe finds itself is serious: likely losing Greektown, which by revenue is the smallest of Detroit’s three gambling halls, to creditors or a new buyer in a federal bankruptcy court hundreds of miles from home. It deeply contrasts with the bright promise the casino held for the tribe when the fight for a crack at the downstate market first started two decades ago.
Back then, vying for a piece of Detroit’s gaming market had a simple impetus: a desire for self-sufficiency.
For decades, Chippewa leaders sought recognition by the federal government, and when that hurdle was finally cleared in 1975, the tribe won the right to receive federal and state assistance offered to Native American groups.
Those dollars were spent to upgrade a standard of living that for decades had fallen far behind the acceptable norm.
TV Coverage of Grand Traverse Band Revenue Sharing Projects
From GTB Chairman Derek Bailey (Bailey Blast July 31 2009):
This past Wednesday, July 29th, the 7&4 News channel did an excellent feature story on the Grand Traverse
Band’s recent 2% allocation. The positive message is a necessary reminder of how through 2% allocations,
citizens of northern Michigan truly benefit from tribal gaming. To view the 7&4 News broadcast, please click
on this link: http://www.youtube.com/watch?v=Z_9PEjiKTyk. Especially during these tougher economic
times, the tribes continued financial contributions to schools, organizations, counties equates to communities,
families and individuals being better served and living with more opportunities.
This cycle’s allocation amount was $791, 179.75 and was awarded to 34 applicants (65 applications were
received with a totaled request of $2,642,065.00). Twice a year, 2% gaming revenue allocations are made to
local units of government, resulting from terms of the consent decree which settled Tribes v. Engler (Case no.
1:90-CV-611, U.S. District Court, Western District Michigan).
This past Wednesday, July 29th, the 7&4 News channel did an excellent feature story on the Grand Traverse Band’s recent 2% allocation. The positive message is a necessary reminder of how through 2% allocations, citizens of northern Michigan truly benefit from tribal gaming. To view the 7&4 News broadcast, please click on this link: http://www.youtube.com/watch?v=Z_9PEjiKTyk. Especially during these tougher economic times, the tribes continued financial contributions to schools, organizations, counties equates to communities, families and individuals being better served and living with more opportunities.
This cycle’s allocation amount was $791, 179.75 and was awarded to 34 applicants (65 applications were received with a totaled request of $2,642,065.00). Twice a year, 2% gaming revenue allocations are made to local units of government, resulting from terms of the consent decree which settled Tribes v. Engler (Case no. 1:90-CV-611, U.S. District Court, Western District Michigan).
Greektown is $755 Million in Debt
From Indianz:
The commercial casino that is majority owned by the Sault Ste. Marie Tribe of Chippewa Indians of Michigan is more than $755 million in debt.
The Greektown Casino in Detroit entered bankruptcy proceedings last year. So far, all of the exit plans that have been submitted would relieve the tribe of its ownership in the facility.
The latest offer comes from businessman Tom Celani, who said he will bid $450 million for the casino.
Get the Story:
Businessman to bid $450M for Greektown Casino (The Detroit News 7/31)
Nottawaseppi Huron Band in Talks to Amend Gaming Compact
From the Battle Creek Inquirer:
The governor’s attorney said Tuesday the revised compact for FireKeepers Casino should be done within 60 days and offered clues to what the new document might look like.
The Nottawaseppi Huron Band of Potawatomi, owner of FireKeepers, has been in talks the past several weeks with the state of Michigan on changes to the 1998 compact that allowed the tribe to move forward with the casino.
On Monday, John Wernet, general counsel to Gov. Jennifer Granholm, would not offer details to what changes might be made to the compact but said it would be similar to changes made to compacts with the Pokagon Band (New Buffalo) of Potawatomi, the Little River (Manistee) Band of Ottawa and Little Traverse Bay (Petoskey) Band of Odawa Indians.
Turtle Talk 
You must be logged in to post a comment.