Michigan Indian

Dispute over Access to Straits of Mackinac

Matthew L.M. Fletcher

From the Petoskey News-Review:

In a pending lawsuit, the owners of a Wawatam Township lot are seeking ownership of an adjacent strip of property that the public often uses to access the Straits of Mackinac.

The legal efforts have raised concerns from county and township officials about the potential loss of public water access.

“What we don’t want to do is, we don’t want it to fall into the hands of a private owner,” said Wawatam supervisor Roger Moore. “We want to keep it so it would be accessible to the public like it always has.”

Adjoining landowner Ralph Reisinger said he’s looking for a way to control illegal activities by visitors rather than putting the spot off limits. He noted that some of the people who’ve visited the area at the end of the road have engaged in activities such as littering and building unauthorized campfires on his lot and setting off illegal fireworks.

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Coverage of Keno Settlement

Matthew L.M. Fletcher

From Crain’s Detroit Business:

LANSING — State economic-development officials are cheering the settlement of a long-running legal dispute and renewal of a key revenue stream to the state.

Gov. Jennifer Granholm, the Little River Band of Ottawa Indians and the Little Traverse Bay Bands of Odawa Indians on Friday announced the resolution of a federal lawsuit that involved the tribes’ obligation to share casino revenue with the state.

The tribes had halted payments in 2004. But under the settlement, tribal revenue-sharing will resume and the state will also receive about $26 million in previous payments that the tribes had put into escrow.

It’s good news to the Michigan Economic Development Corp., where tribal casino money pays for a variety of MEDC activities and nearly a third of MEDC employees’ salaries and benefits.

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KBIC v. Kleine — Michigan Sales and Use Tax Upheld

Matthew L.M. Fletcher1 Comment

This case, decided by Judge Quist, out of the Western District of Michigan is the latest in a long string of Indian tax cases arising out of the Keweenaw Bay Indian Community’s reservation in the past few years, including Chippewa Trading v. Cox (CA6) and KBIC v. Rising (CA6). Here are the very lengthy materials in this case:

DCT Order Granting Michigan’s Motion for Summary Judgment – KBIC v. Kleine

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Clash of Titans over Off-Rez Gaming in Michigan: Dingell v. Conyers!

Matthew L.M. Fletcher

From The Hill:

Rep. John Conyers Jr. (D-Mich.) is clashing with Energy and Commerce Committee Chairman John Dingell (D-Mich.) over the thorny issue of Indian gambling, setting up a standoff between two of the oldest bulls in Congress.

Conyers has stepped into an Indian gambling dispute that is dividing the Michigan delegation and the Democratic Caucus. After teaming up with Rep. Carolyn Kilpatrick (D-Mich.), who chairs the Congressional Black Caucus (CBC), the 22-term House veteran has used his position as chairman of the powerful Judiciary Committee to oppose two bills that would settle tribal land disputes and clear the way for new casinos to be built near both lawmakers’ Detroit-area districts.

Conyers argues that the bills would change the way casinos are approved by allowing Congress to get involved in land dispute claims that the U.S. Department of the Interior routinely determines. He also cites the concern that the casinos would be located more than 350 miles from the tribes’ reservations.

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AP: Michigan Tribes Object to Michigan Water Legislation

Matthew L.M. Fletcher

From the AP:

TRAVERSE CITY, Mich. (AP) — An American Indian tribe says bills pending in the Legislature to regulate high-volume water withdrawals would violate its rights by reducing fish populations in some rivers and streams.

Officials with other northern Michigan tribes also are raising concerns about the measures, pending in the House and Senate. The two versions are similar, but have differences that sponsors are trying to work out before floor votes are taken.

The bills would regulate withdrawals of more than 200,000 gallons per day from rivers and streams — or from underground aquifers — for commercial uses such as farming and manufacturing.

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Interviews with Michigan Tribal Chairs @ United Tribes of Michigan Meeting

Matthew L.M. Fletcher

Here are videos of interviews with Fred Cantu (Saginaw Chippewa), DK Sprague (Gun Lake Band), Frank Ettawageshik (LTBB), Matt Wesaw (Vice-Chair, Pokagon), and Aaron Payment (Sault Tribe).

Link to videos on the Saginaw Chippewa website.

Law Stories Series: “Truck Stop”

Matthew L.M. Fletcher

My contribution to the UMKC Law Review‘s “Law Stories” series — “Truck Stop” — is available for download on SSRN. Here is the description:

Every American Indian person – repeat, every American Indian person – is related to or knows someone or is someone who has been adopted out of or removed from their reservation family. A significant percentage of each recent generation of American Indian people has grown up among strangers, either adopted by non-reservation families or force-fed through a state foster care system. This is, of course, one of the fundamental issues Congress hoped to address when it enacted the Indian Child Welfare Act in 1978. This fictional narrative is my take on what it means for an Indian person to lose their family – and to regain it much, much later.

Keno Case Settled

Matthew L.M. Fletcher

From the Traverse City Record-Eagle:

TRAVERSE CITY — A settlement in a three-year-old lawsuit between the state and two northern Michigan Indian tribes will reduce Michigan’s cut of tribal gambling money, but will shake loose millions in escrowed state revenue.

The Little Traverse Bay Bands of Odawa Indians in Petoskey and the Little River Band of Ottawa Indians in Manistee approved a settlement with the state to end a long-running dispute over the Michigan Lottery’s Club Keno game.

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Coaster Brook Trout and U.P. Sulfide Mining

Nick Reo1 Comment
The proposed sulfide mining operation named the “Eagle Project” by the Kennecott Mining Corporation is staunchly apposed by the Keweenaw Bay Indian Community as well as several U.P. community and conservation groups. Critics contend that the proposed project represents a significant threat to natural and cultural resources, stands to provide a meager amount of tax revenue to the state and a huge profit to Kennecott. It is now recognized that there may be significant deleterious effects on the Coaster Brook Trout. Coaster Brook Trout 90 Day Finding

 

Above link is an advance copy of the FWS positive 90 day finding relating to the coaster brook trout.

The US Fish and Wildlife Service determined that the petition as supplemented provided sufficient information to conclude that listing the US population as endangered may be warranted. FWS will now begin a status review, with a public comment period that runs through May 19: requests for public hearings must be received by May 5.

Cross-Deputization Concerns in Manistee

Nick Reo

Glenn Zaring, Communications Director of the Little River Band of Ottawa Indians, recently wrote an article for the Ludington Daily News regarding the reluctance of Manistee County to cross-deputize and work cooperatively with LRB law enforcement. He poses some important questions in the article that highlight some of the divisive issues in the region

http://www.ludingtondailynews.com/news.php?story_id=39440#comments

EXCERPT: 

For years now, the controversy over cross-deputization of tribal police officers in Michigan has been swirling here in Manistee County. Not in other areas, just here! The 11 other tribes in Michigan have good relations with their local law enforcement authorities and are cross-deputized. They are also integral components of the law enforcement picture protecting and serving all of their counties’ residents. County prosecutors and sheriffs welcome the assistance of tribal law enforcement officers in maintaining law and order and defraying the costs that would otherwise be borne exclusively by county taxpayers.

Why is Manistee County so far out of the mainstream? Why has Manistee County ignored the wishes of the U.S. Attorney General’s office to cross-deputize the officers of the Little River Band of Ottawa Indians? Why does the county believe the accepted and successful practice across the state of cross-deputizing tribal officers cannot work here? Why do the Manistee County Commissioners and sheriff want to ignore the opportunity to expand the abilities of law enforcement to serve all of the county residents — at no cost to the county?