Michigan Indian

Michigan House Approves Gun Lake Compact

Matthew L.M. Fletcher

From AP:

LANSING, Mich. (AP) — The state will get a slice of revenue from a planned Native American casino southwest of Grand Rapids, thanks to a deal approved by both chambers of the Legislature.

The House approved a resolution on the compact with the Gun Lake tribe by a voice vote Thursday. A similar resolution was approved by the Senate earlier this month.

The 2007 compact was negotiated between the tribe and Gov. Jennifer Granholm. The federal government put 147 acres of land into trust for the casino in Allegan County’s Wayland Township this year.

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Michigan Indian Education Critical Issues Conference — Agenda and Registration

Matthew L.M. Fletcher

Here is the registration information and conference agenda for the 2009 MIEC Conference at the Soaring Eagle Inn and Conference Center, March 12-14.

miec-2009

Jeff Davis (Turtle Mountain), 14-year veteran of the United States Attorney’s Office for the Western District of Michigan, will be the keynote speaker.

I’ll be presenting a history of the Michigan Indian Tuition Waiver at 8:30 on Friday. And I’ll be talking about ways to use my book (“American Indian Education”) in the classroom at 1 on Friday.

Commentary on Possible Burt Lake Band Casino Development

Matthew L.M. Fletcher2 Comments

Yesterday’s interesting statement by a lawyer for the Burt Lake Band suggesting that all the Band would need to commence gaming is simple legislation from the State Legislature deserves a spot of commentary. I guess their lawyer is reading this provision of the Michigan Constitution, added by state referendum in 2004, for support:

The legislature may authorize lotteries and permit the sale of lottery tickets in the manner provided by law. No law enacted after January 1, 2004, that authorizes any form of gambling shall be effective, nor after January 1, 2004, shall any new state lottery games utilizing table games or player operated mechanical or electronic devices be established, without the approval of a majority of electors voting in a statewide general election and a majority of electors voting in the township or city where gambling will take place. This section shall not apply to gambling in up to three casinos in the City of Detroit or to Indian tribal gaming. [Mich. Const. sec. 41, emphasis added]

Since Burt Lake Band is not a federally recognized tribe, they would not be subject the requirements of the Indian Gaming Regulatory Act, nor would the Department of Interior take land into trust for the Band under 25 U.S.C. 465. So the lawyer’s statement (“A bill will have to be introduced, passed by a simple majority in the House and Senate, has to be signed by Gov. Granholm, and we can rock and roll from there”) that the Band isn’t subject to all these difficult regulatory hurdles is correct, perhaps, but only if the Band would be considered eligible for “Indian tribal gaming” under Section 41.

Leaving aside for the moment the very real political problem the Band would face getting the Michigan Legislature to pass a special statute for them, I think there might be a significant legal problem facing the Band. Literally read, Section 41 applies to all Indian tribes. Burt Lake Band is an Indian tribe, as are the 12 federally recognized tribes. And so are the other non-federally recognized tribes as the Mackinaw Band, the Black River and Swan Creek Band, and Grand River Band. However, I strongly suspect the intent of the provision was to protect the federally recognized tribes of Michigan.

In short, I doubt the “Indian tribal gaming” language was intended to include tribes like the Burt Lake Band. It is my understanding (I was living in Grand Forks, N.D. when the voters adopted this referendum) that the key sponsors of the language were the federally recognized tribes. If there is any legislative history on this Section, I’d like to see it. Moreover, the State of Michigan has cut deals with all 12 federally recognized tribes to conduct gaming under the Indian Gaming Regulatory Act, so it makes additional sense to limit the “Indian tribal gaming” language.

I think there are also some sound public policy reasons for limiting the application of that language. The key one for me is that, if Burt Lake Band gets special legislation, Michigan will be innundated by Johnny-come-lately “Indian tribes” from all over looking for the same backdoor to a casino.

I’m a very strong supporter of Burt Lake’s petition for federal recognition, and any efforts to convince Congress to recognize the Band. But I surely hope their lawyer is doing more than just blowing smoke. There isn’t going to be much “rock and roll” from here.

Burt Lake Band May Pursue Casino under State Law Without Federal Recognition

Matthew L.M. Fletcher1 Comment

From Indianz:

The Burt Lake Band of Ottawa and Chippewa Indians doesn’t need federal recognition to open a casino in Michigan, a lawyer for the tribe said.

The tribe can pursue state approval for a casino in Sturgis, said John Dresser, of Dresser, Dresser, Haas and Caywood. “A bill will have to be introduced, passed by a simple majority in the House and Senate, has to be signed by Gov. Granholm, and we can rock and roll from there,” Dresser told Business Review Western Michigan. The process would take much longer if the tribe was recognized, according to Dresser. He said new regulations would limit where the tribe could pursue a casino.

Get the Story:
Truck stop with casino seen as a quick economic fix for Sturgis (Business Review Western Michigan 2/17)

ICT on Gun Lake Band Fee to Trust Victory

Matthew L.M. Fletcher

From ICT:

BRADLEY, Mich. – The Interior Department has formally taken 147 acres of land into trust for the Gun Lake Tribe, ending a decade of opposition from an anti-Indian casino group.

Interior’s action took place Jan. 30; nine days after the U.S. Supreme Court denied a petition from Michigan Gaming Opposition (MichGO) challenging the interior’s authority to take land into trust.

A few days earlier, U.S. District Court Judge Richard J. Leon tossed out a motion filed by former Wayland Township Trustee David Patchak, asking for a stay to stop the federal government from putting the tribe’s land into trust. Both actions were based on a highly controversial land into trust case – Carcieri vs. Narragansett – filed by the state of Rhode Island against the Narragansett Indian Tribe. Carcieri questions the interior secretary’s authority to take land into trust and whether land can be taken into trust for tribes that were not recognized in 1934, the year of the Indian Reorganization Act.

The two legal actions end any ambiguity about Gun Lake’s legal ability to move forward with its planned $200 million casino.

The tribe issued a press release with the exuberant headline “In land we trust.”
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“Underwater Stonehenge” in Grand Traverse Bay?

Matthew L.M. Fletcher

From the Chicago Trib (via PhysOrg.com):

Forty feet below the surface of Lake Michigan in Grand Traverse Bay, a mysterious pattern of stones can be seen rising from an otherwise sandy half-mile of lake floor.

Likely the stones are a natural feature. But the possibility they are not has piqued the interest of archeologists, native tribes and state officials since underwater archeologist Mark Holley found the site in 2007 during a survey of the lake bottom.

The site recently has become something of an Internet sensation, thanks to a blogger who noticed an archeological paper on the topic and described the stones as “underwater Stonehenge.”

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UP Copper Mine Delayed by Bad Economy

Matthew L.M. Fletcher1 Comment

From the AP:

TRAVERSE CITY, Mich. (AP) — Construction of a proposed nickel and copper mine in Michigan’s Upper Peninsula is being delayed because of poor market conditions, its parent company said Thursday.

But project manager Jon Cherry said the announcement by London-based Rio Tinto Group does not mean the Kennecott Eagle mine is off the table. Planning and preparations are continuing with the expectation that it eventually will be built, he said.

“Our offices in Michigan are remaining open and we are moving forward,” Cherry said. None of the 25 employees are being laid off, he said.

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Mich. COA Decides ICWA-Related Case

Matthew L.M. Fletcher

The opinion in In the Matter of Coyle is here. The Court of Appeal concluded that ICWA’s tribal notice requirements did not apply. An excerpt:

Finally, respondent argues that petitioner should have notified the Cherokee tribe, and there was insufficient evidence that any tribe was notified. ***

In the present case, respondent stated during the preliminary hearing that her grandparents were Cherokee Indians. However, she never mentioned the Cherokee tribe again and never objected to references to the Chippewa Tribe of Sault Ste. Marie in several later hearings. Her statement that her father tried to get her grandparents’ tribe involved in 2003, followed by references to the Chippewa tribe trying to get involved in 2003, strongly indicated that her grandparents’ tribe was actually the Chippewa and she was mistaken when she called it Cherokee. Respondent did not give the trial court reason to believe her children might actually be members of a Cherokee tribe, in light of her repeated failure to object to references to the Chippewa and failure to request that another tribe or the Bureau of Indian Affairs be notified. Respondent also did not question petitioner’s assertions that the Chippewa tribe was contacted. Petitioner’s unchallenged assertions constitute sufficient evidence that notice occurred. The trial court did not commit any error requiring reversal.

Michigan Senate Bills 67-68: Capturing Child Support from Gaming Winnings

Matthew L.M. Fletcher

Under these bills, every time a $1000 winner at a Michigan casino tries to collect, the casino must determine whether or not the winner owes money in the child support system.

2009-SIB-0067

2009-SIB-0068

Michigan Senate Approves Gun Lake Gaming Compact – What Next?

bnewland2 Comments

Cross-posted with American Indian Policy Blog.

The Michigan State Senate voted to approve the Tribal-State Gaming Compact between the Match-E-Be-Nash-She-Wish (Gun Lake) Band of Potawatomi Indians and the State of Michigan. The Gun Lake Band reached agreement on this compact with Governor Jennifer Granholm in 2007, and the Michigan House of Representatives approved this agreement by resolution – consistent with its practice of approving gaming compacts by resolution – later that year.

Interestingly, the Senate acted today in a new legislative session, which began on January 14, 2009. The House of Representatives’ approval of this compact occurred in the previous legislative session. Will the Gun Lake Band return to the House of Representatives, which is under the same leadership as in 2007 when it originally approved the compact, for another approval in this legislative session? Or, will the Band make the argument that since both houses of the Legislature have given their approval, the compact is now in effect?

From Gongwer News Service:

Senate Approves Gun Lake Compact
On a voice vote the Senate has approved the state’s compact with the Gun Lake tribe of Pottawatomie Indians, effectively the last state hurdle towards the tribe building and opening a casino.

The Senate approved SR 11 without debate, though opponents outlined their objections afterwards. The chamber, which had held off acting on approving the compact reached with Governor Jennifer Granholm in 2006, acted a few weeks after the U.S. Supreme Court refused to hear an appeal to block the casino.