Michigan Indian – Page 73

This was posted at the Lansing State Journal by Shauna Whitepigeon in honor of Noah Dobson-Cooper who died unexpectedly on Sunday, September 15, 2013.

Noah Dobson Cooper was loved by all that had the pleasure to know him. He was a shining light in the world and a treasure that will be sorely missed. He was an East Lansing native and graduated from East Lansing High School, where he marched in the drum line, played the sax in band, and played tennis, and soccer.

He went to MSU and graduated from the James Madison College with a degree in Comparative Cultures and Politics. He was currently studying at MSU College of Law with a focus on the Indigenous Law Program. He was a member of NALSA and NAISO, and worked on the MSU Pow Wow of Love. He aspired to work for Michigan Native American Tribes and dreamed of a more environmentally conscious world.

He loved music and was a magnificent pianist, saxophonist, drummer, and singer. He loved to travel the world, and meet new people and make new friends. He made you feel welcome and it was just in his nature to help people. He was a kind soul and had that special something about him. He was my best friend and more, and I all always cherish the time I was blessed with him. I will always keep him in my heart.

Please keep his family, friends and fellow students in your prayers.

Op/Ed on Bay Mills Case by Nottawaseppi Huron Potawatomi & Saginaw Chippewa Chairmen

September 19, 2013Matthew L.M. Fletcher

Bids for Limitless Off-Reservation Casinos Turns into Tragic Supreme Court Showdown

Indian Country is all too familiar with the perils of taking cases before the U.S. Supreme Court. Even under the best legal circumstances, the high court has repeatedly handed down staggering losses that impact the most sacred issues to Indian Country. That is why we are so concerned about a recent case the Supreme Court has decided to review that could severely limit tribal sovereignty for all of Indian Country.

The case is Michigan vs. Bay Mills Indian Community which originated in late 2010 when the Bay Mills Tribe opened an off-reservation casino in Vanderbilt, Michigan, about 125 miles south of its reservation without proper approvals from federal and state governments. The Bay Mills Tribe, and its sister tribe Sault Ste. Marie, have argued in federal court that the Michigan Indian Land Claims Settlement Act of 1997 allows them to buy land anywhere in the United States to build a casino, so long as the land was purchased with land claim settlement trust funds. The two tribes assert they are not restricted by geography or quantity of casinos.

Both tribes have pursued federal litigation despite the fact that both the National Indian Gaming Commission and the Department of the Interior issued separate legal opinions concluding that Bay Mills claims are completely without merit.

The U.S. Supreme Court granted review of the Bay Mills case after the 6^th Circuit Court of Appeals sided with the Tribe’s assertion that sovereign immunity prevents the State of Michigan from suing to close an illegal off-reservation casino. While we believe the State had the ability to close the casino under state law, Michigan’s Attorney General felt the need to seek relief from the Supreme Court since no federal entity would step in and close the illegal Vanderbilt casino. We think it is safe to assume the Supreme Court did not grant review to affirm the lower court ruling.

All the Michigan gaming compacts contain a provision which states that no tribe shall pursue off-reservation gaming unless there is a written agreement between all the state’s federally recognized tribes to share in the revenue. In March, a federal district court judge ruled that this provision is legally binding on all Michigan tribes – putting both the Sault Tribe and Bay Mills in violation of the compact.

Now, the Bay Mills case presents two questions to the Supreme Court; whether federal courts have jurisdiction to enjoin activity that violates IGRA but takes place outside of Indian lands, and whether tribal sovereign immunity bars a state from suing in federal court to enjoin a tribe from violating IGRA outside of Indian lands. Given the Court’s recent decisions, we are deeply concerned the Court will cut away at the sacred doctrine of tribal sovereign immunity.

Off-reservation gaming has already created a strong backlash from Congress. It is unfortunate that some tribes who seek to build casinos far from their reservations are willing to risk the inherent sovereign rights of all tribes. Once again, Indian Country finds itself before the Supreme Court in a case that should have never been considered in the first place.

Homer A. Mandoka, Chairman

Nottawaseppi Huron Band of Potawatomi

Dennis V. Kequom, Chief

Saginaw Chippewa Indian Tribe

Michigan v. Bay Mills Indian Community Oral Argument Set for December 2

September 18, 2013September 17, 2013Matthew L.M. Fletcher

Here.

Michigan State Bar Indian Law Section to Grant Tecumseh Peacekeeping Award to Matt Wesaw

September 15, 2013September 13, 2013Matthew L.M. Fletcher

State Bar of Michigan

American Indian Law Section Annual Meeting
September 19, 2013 at 2:00 p.m.
The Lansing Center
333 E. Michigan Avenue
Lansing, MI 48933

The American Indian Law Section is pleased to announce that Matt Wesaw is the recipient of the 2013 Tecumseh Peacekeeping Award. Please join us in honoring him at the American Indian Law Section Annual Meeting. Tribal Leaders, staff and community members are welcome. We will also be having a program on “Financing Economic Development” featuring Kristi Jackson and Rob Gips. There is no charge and light refreshments will be served.
The 2013 Tecumseh Peacekeeping Award Recipient is Matt Wesaw.

Matthew Wesaw has spent his career devoted to public service. He began by enlisting with the Michigan State Police in 1975. During his 26-year career as a state trooper, Mr. Wesaw received numerous awards, recognitions and promotions. He was elected to the position of Vice President of the Michigan State Police Troopers Association in 1995, a position he held until his retirement in January of 2001. Throughout his career, Mr. Wesaw has held many positions in Native American organizations, including past board member to the Lansing American Indian Center, Nokomis Learning Center, and past chairman of the Commission on Indian Affairs. He has also served on the Pokagon Band of Potawatomi Indians Tribal Council as a member, Chairman and Vice Chairman. In 2004, Mr. Wesaw was appointed to the Michigan Civil Rights Commission, becoming only the second Native American appointed to the Commission. In 2010, he became the first Native American to serve as Chair of the Commission, a position he held until 2012. In 2007, Mr. Wesaw was hired as the Executive Director of the United Tribes of Michigan. He served in this position until his election as Tribal Chairman of the Pokagon Band of Potawatomi Indians in 2009. In addition to his current position as Chairman at Pokagon, he serves as the President and CEO of the Pokagon Gaming Authority, as the Recording Secretary for the National Congress of American Indians and on the Council on Law Enforcement and Reinvention committee.

This year’s program is “Financing Economic Development.”

Our two featured speakers are Kristi Jackson and Rob Gips.

Kristi Jackson will be focusing her remarks on the following: financial and business due diligence issues to consider when creating an economic development project; issues to look for to make sure an economic development project can be successful; and various financing options available for these projects.

Rob Gips will be focusing his remarks on the following: legal due diligence issues to consider when creating an economic development project; best practices for negotiating financing with banks or other investors; and how tribal laws can impact financing negotiations.

Kristi Jackson is the CEO of Tribal Financial Advisors, an investment banking firm she co-founded in 2009 to exclusively serve tribes with financing related issues. TFA raises capital for tribes as well as works on general financial advisory assignments – often as an enhancement to a tribe’s own finance team. TFA has been a part of over $1billion of capital raised for tribes since 2010. In her prior role, she served as a managing director of Bank of American Secruities, leading the tribal finance effort which raised more than $15 billion of capital for over 30 tribes, including syndicated bank debt, high yeild and tax-exempt bonds. Ms. Jackson holds a Bachelor’s decgree in economics and mathematics from the University of California at Irvine and a MBA from Anderson School at UCLA.

Rob Gips is special counsel on Indian affairs at the Drummond Woodsum law firm. He has served as legal counsel and as a key business and financial advisor to Indian tribes since 1983. Rob’s practice has included service as general counsel and as an advisor in business and financial transactions by tribal governments throughout the United States.His specialized business development work for his clients has included the creation and acquisition of hotel, resort, casino and gaming facilities, tribal housing, tribal manufacturing facilities, industrial lands and a broad variety of both on- and off-reservation joint ventures, and representation of parties in a variety of complex commercial financing in Indian country. Mr. Gips has a Bachelor’s degree from Harvard University and a J.D. and M.B.A. from Yale Law School and Yale School of Management.

NCAI Letter to National Indian Gaming Commission re: Bay Mills Vanderbilt Casino

September 11, 2013Matthew L.M. Fletcher1 Comment

Here:

NCAI Letter to NIGC re Michigan v Bay Mills

An excerpt:

We have reviewed the NIGC legal opinion dated December 10, 2010 asserting that NIGC has no jurisdiction over the disputed Vanderbilt casino because it is not on Indian lands. We respectfully request that you reconsider that legal opinion in order to avoid the “irony” and unnecessary legal dilemma that the Supreme Court intends to resolve. Although the NIGC authority to approve tribal gaming ordinances may be limited to Indian country (AT&T v. Coeur d’Alene Tribe, 283 F. 3d 1156 (9th Cir., 2002)), IGRA is structured to authorize the NIGC to take final agency action regarding Indian gaming operating outside of Indian country. Bay Mills maintains that it is operating the Vanderbilt facility pursuant to a NIGC approved tribal ordinance within the authority of IGRA. IGRA authority lies clearly within the NIGC to assess the validity of Bay Mills’ claim.

The NIGC disclaimed jurisdiction over the Vanderbilt casino here. See also, Interior’s letter.