Michigan Indian

LRB and State of Michigan Enter into Agreement re: Authority of Tribal COs

Matthew L.M. Fletcher

From the Ludington Daily News:

Any confusion over whether tribal conservation officers have the right to stop state-licensed hunters has been removed.

The Little River Band of Ottawa Indians and the State of Michigan have entered into an agreement that satisfies a provision in the 2007 Inland Consent Decree regarding enforcement of conservation regulations, according to the Michigan Department of Natural Resources.

The issue came to light locally when Ed Haik, a retired Manistee County sheriff and the deputy chair of the Manistee County Board of Commissioners, noted that there was no legal mechanism for tribal conservation officers to stop state-licensed hunters or anglers. Last month, the county board sent a letter to Gov. Jennifer Granholm opposing any cross-deputization measures and asking for a public hearing on the issue.

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Pokagon Band Breaks Ground on Government Buildings

Kate Fort

From WNDU.com:

Tribe breaks ground on headquarters, mum on satellite casinos
$5 million project underway near Dowagiac
Posted: 6:10 PM Apr 13, 2009
Last Updated: 7:44 PM Apr 13, 2009
Reporter: Mark Peterson

In the past the Pokagon Band of Potawatomi Indians built a casino near New Buffalo.

In the future, the band may build two more casinos in Southwest Michigan, but in the present, work started today on the tribe’s five million dollar administrative headquarters near Dowagiac.
The tribal government headquarters is being funded largely by loans and grants from the U.S. government.

Funds for the administration building were provided by a United States Development Authority (USDA) Rural Development loan. Improvements to the roads and parking lot were funded through the U.S. Bureau of Indian Affairs. The infrastructure work was funded through an Indian Community Development Block Grant from the U.S. Department of Housing and Urban Development.

Groundbreaking ceremonies were held today on the tribe’s sprawling rural campus near Rogers Lake in Cass County.

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News Coverage of Gun Lake Casino Plans

Matthew L.M. Fletcher

From the K’zoo Gazette:

Plans for the Gun Lake Casino are quietly edging forward, despite what appears to be an impending bankruptcy filing by Station Casinos Inc., the company hired to manage its construction and operation.

The Gun Lake Band of Pottawatomi is on track to release a schedule for groundbreaking, construction and hiring sometime this spring, according to those familiar with the situation.

The tribe declined to comment this week when asked about the status of the $200 million project, but it has said Las Vegas-based Station Casinos’ problems are not hindering the project.

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Michigan Indian Law Day — Ann Arbor — April 10

Matthew L.M. Fletcher

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Bankruptcy Judge Tours Greektown

Matthew L.M. Fletcher1 Comment

From the Detroit News (via Pechanga):

Could the big empty shell of a room tucked away in a corner of Greektown Casino-Hotel’s downtown complex serve as a viable event center?

That’s the question facing bankruptcy judge Walter Shapero this afternoon as he tours what Greektown lawyers call an event center and what attorneys for the City of Detroit are calling a breach of contract.

Greektown is arguing for a tax rollback from the city and state that would save it millions a year in taxes levied on gaming revenues. That rollback is dependent on compliance with a revised development agreement approved by Detroit City Council in 2006.

Greektown wants Judge Shapero to rule that the casino has complied with the agreement, opening the door to lower taxes and giving the casino the ability to transfer the agreement, along with the lower tax rate, to a new owner should it decide to sell.

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Indigenous Law and Policy Center Occasional Papers — Updated

Matthew L.M. Fletcher

We’ve posted several recent papers. Here is the website for all of our papers dating back to 2006.

2009-01
Advising – and Suing – Tribal Officials: On the Scope of Tribal Official Immunity by Matthew L.M. Fletcher and Kathryn E. Fort
2009-02
The Ethics of Pushing the Envelope in Indian Law Cases by Matthew L.M. Fletcher
2009-03
Supreme Court Reversal of Carcieri: Implications for Reaffirmed Michigan Indian Tribes by Novaline D. Wilson
2009-04
The Origins of the Indian Child Welfare Act: A Survey of the Legislative History by Matthew L.M Fletcher

“Unusual Fishing Activities”

Kate Fort

By Christina Rohn News-Review Staff Writer

Thursday, April 2, 2009 8:38 AM EDT

The Department of Natural Resources wants to remind Michigan residents that this spring, they may observe unusual fishing activities by tribal members. As part of the 1836 Treaty of Washington — established by the federal government, the state of Michigan and five Michigan tribes — fishing opportunities, as well as hunting and gathering activities, for tribal members are different than those allowed for state-licensed recreational anglers under Michigan law. As established by the 2007 Inland Consent Decree, tribal members from the Sault Ste. Marie Tribe of Chippewa Indians, Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians, Little River Band of Ottawa Indians and Little Traverse Bay Bands of Odawa Indians, are allowed to use spears or conventional tackle to take walleye and steelhead in state waters covered by the 1836 Treaty of Washington which are, at the time, closed to state-licensed anglers. “We haven’t been receiving any complaints, we’re just trying to be proactive to let anglers know … they might see it happening,” said Mary Dettloff, press spokesperson for the Michigan Department of Natural Resources. “If you see spearing of walleye and steelhead, do not be alarmed and think it’s illegal … it’s a fairly new thing.” The area tribal members can use under the 1836 Treaty of Washington includes the eastern half of the Upper Peninsula and a majority of northern lower Michigan, which accounts for 13,837,207 acres of land and inland waters.

Under the 2007 Inland Consent Decree, tribal members will have seasons, as well as bag limits that differ slightly from state regulations.

Tribal fishing and hunting will be for personal subsistence use only, so according to the federal and state government, it should have limited effect on the state’s natural resources.

For more information about the 1836 Treaty of Washington, or the 2007 Inland Consent Decree, visit www.michigan.gov/dnr.

To report a suspected violation of state law, call the Department of Natural Resources’ Report All Poaching line (800) 292-7800.

Michigan Court of Appeals Decides ICWA Notice Case

Matthew L.M. Fletcher

The case is In the Matter of Mayberry (unpublished opinion) and the proper notice went out to the Grand Traverse Band, the Muscogee (Creek) Nation, and the BIA. See how easy that was, California?

In this case, the trial court record shows that notice was given to the Grand Traverse Band of Ottawa and Chippewa Indians, the Muscogee (Creek) Nation, and the Midwest Bureau of Indian Affairs, requesting written verification of the tribal status of the minor child. Responses to these notices were received from the tribes. The Grand Traverse Band of Ottawa and Chippewa Indians noted that the minor child was a non-member and ineligible for Ottawa-Chippewa Indian status. The Muscogee (Creek) Nation stated that the tribal records were examined and the minor child was not considered an Indian child in relationship to the Muscogee (Creek) Nation as defined in the ICWA. These determinations were conclusive. See In re Fried, supra at 540, In re TM, supra 191-192, and 44 Fed Reg 67584 (1979).

Freep on Greektown’s Troubles

Matthew L.M. Fletcher

From the DFP:

From the outset, Greektown Casino has been days late and millions of dollars short.

The ching-ching-ching of slot machines rang out first at MGM Grand Detroit’s temporary casino in July 1999. Five months later, MotorCity Casino got into the gaming groove.

But it wasn’t until November 2000 that Greektown Casino took its first bets.

In October 2007, MGM Grand unveiled its $700-million permanent casino and hotel. Five months later, MotorCity opened its permanent facility.

But Greektown didn’t open its 400-room hotel until February, the last piece of its permanent building.

This weekend, all three downtown casinos are full of Final Four revelers, with Greektown located closest to the Ford Field games.

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GTB Tribal Council Compensation Suit Settled

Matthew L.M. Fletcher

From Indianz:

A lawsuit over salaries for leaders of the Grand Traverse Band of Ottawa and Chippewa Indians of Michigan has been settled.

The tribe’s compensation committee filed the suit in December, alleging former chairman Robert Kewaygoshkum raised council member salaries without proper authorization. The settlement rescinds the pay increases. But council members who received extra pay won’t be forced to give the money back to the tribe. “I leave that decision up to them,” current chairman Derek Bailey told The Traverse City Record-Eagle. Bailey defeated Kewaygoshkum for the chairman’s post.

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