News – Page 224 – Turtle Talk

Sault Tribe Enlisted Stupak to Pressure Justice and Interior on Greektown Parcel

June 13, 2010June 13, 2010Matthew L.M. Fletcher

The Sault Tribe of Chippewa Indians has gained a powerful ally in its bid to retain Greektown Casino as Congressman Bart Stupak (D-Menominee) has requested the U.S. Bankruptcy Court and the Michigan Gaming Control Board to postpone Chapter 11 reorganization.

In a three-page letter [20100609_GreektownCasino], Stupak urges the U.S. Department of the Interior and the U.S. Department of Justice to investigate if it is legally possible for the Sault Tribe to lose its real estate interest in Greektown Casino. Essentially, Stupak argued, that the 0.76 acre parcel located at 1010 Beaubien Street in the City of Detroit has been placed in federal trust and cannot be conveyed to another party without Congressional authorization.

“I seriously question the propriety and legality of a process in which the property conveyed to the United States in trust on behalf of the Tribe can be conveyed without authority from Congress and without full Tribal consent,” wrote Stupak, indicating it was his opinion that the parcel is owned by the federal government for the benefit and use of the Sault Ste. Marie Tribe of Chippewa Indians.

Stupak went on to write “that any further proceedings related to the reorganization of the Greektown Casino by the Michigan Gaming Control Board or other agencies be postponed” until a determination is made by federal authorities.
Stupak expressed his concerns regarding this matter following a meeting with Director D.J. Hoffman of the Sault Tribe Board of Directors last week.

“On June 4, 2010 myself, Director (Keith) Massaway and Chairman (Darwin “Joe”) McCoy met with Congressman Stupak to discuss Tribal issues, including Greektown,” said Hoffman. “I am extremely grateful that Congressman Stupak recognized the serious nature of this situation and immediately took action to call this issue into question.”
Chairman McCoy expressed similar sentiments.

Continue reading →

John Echohawk on Keith Harper for the Tenth Circuit

June 13, 2010Matthew L.M. Fletcher

From the Tulsa World:

At the Native American Rights Fund, we have always hired the best and the brightest to advocate for Indian rights and the orderly development of Indian law. One of the most outstanding lawyers to ever work with us is Keith M. Harper, who has been in the news lately as a potential nominee for a position on the 10th Circuit U.S. Court of Appeals.

No Native American lawyer has ever served on an appellate court in the federal justice system. I do not know if it is true that my colleague will be nominated to serve on the 10th Circuit. If it is true, President Obama is to be commended on his fine choice. I do know that Harper is highly qualified and deserves to be nominated and confirmed.

During my 40 years in the practice of American Indian law, we Native attorneys have worked toward the day that one of us would break through the glass ceiling and be named as an appellate judge. At 64, I and most other Native lawyers of my generation are not seeking judicial appointments, because those should go to younger people who can serve on the bench for a long time. Harper is 43 and could have an extended future as an appellate judge.

I know Harper and his work very well and can attest to his upstanding character and his diligent work ethic. He has a first-rate mind, a compassionate heart and an even temperament. He enjoys the respect of his peers and a well-deserved reputation as a thorough litigator and a fair judge. He was a NARF senior staff attorney for 11 years and his success as a litigator is a matter of public record.

Today, he is a partner with Kilpatrick Stockton LLP and chairman of its Native American Practice Group. He served the Obama-Biden presidential transition on the energy and environment cluster and served Obama for America on the National Finance Committee and as chairman of the Native American Domestic Policy Committee.

Continue reading →

BLT: Showdown over Cobell Fees in Congress

June 11, 2010Matthew L.M. Fletcher

From the Blog of the Legal Times:

The U.S. Senate is poised to vote soon on a jobs-and-tax package that would also authorize a settlement in long-running litigation over American Indian trust accounts. Still to be decided: what the cap will be for attorneys fees in that case.

Lawyers in the case, named for lead plaintiff Elouise Cobell,agreed to cap fees at $100 million. Sen. John Barrasso (R-Wyo.) is proposing to set the cap at $50 million, and he introduced anamendment (PDF) this week to do so.

Senators could vote on the amendment as soon as next week, or they might not consider it at all. A spokeswoman for Senate Majority Leader Harry Reid (D-Nev.) said today that no agreement has been reached.

Continue reading →

Stupak Throws Indian Law Monkey Wrench Into Greektown Bankruptcy

June 11, 2010June 11, 2010Matthew L.M. Fletcher1 Comment

Potentially, though perhaps not likely, this is a huge issue. Assuming that the Greektown parcel is owned by the Secretary of Interior on behalf of the Sault Tribe, then an Act of Congress may be required. And if one is not forthcoming, there may be some very interesting litigation involving the interaction of federal bankrupcty laws and maybe the Quiet Title Act. If the land is not in trust, then we may still have a Non-Intercourse Act problem, but likely not. Apparently, according to the letter, the land is in trust.

Update: Via Indianz, here is Stupak’s letter.

From the Freep, via Pechanga:

WASHINGTON — U.S. Rep Bart Stupak wants to halt the bankruptcy reorganization of Greektown Casino at least until the federal government determines whether an act of Congress is needed to transfer the land the Detroit gaming hall sits on.

Earlier this year, a federal bankruptcy judge approved a reorganization plan allowing Greektown Casino’s bondholders — including several private equity and hedge funds — to take ownership. The Sault Ste. Marie Tribe of Chippewa Indians, based on Michigan’s Upper Peninsula, has a majority ownership stake in the casino.

The process needs the approval of the Michigan Gaming Control Board, with a court deadline of June 30 approaching.

But Stupak, D-Menominee, has asked U.S. Attorney General Eric Holder and Interior Secretary Ken Salazar to delay any change in ownership while they investigate whether land held by the federal government on behalf of the tribe — about three-fourths of an acre on Beaubien Street in Detroit — can be transferred without an act of Congress.

“The tribe stands to lose its entire investment in the business, including a portion of the real property underlying the casino,” Stupak said in the letter written Wednesday.

According to Stupak, 400 Monroe Associates — controlled by Greektown businessman Ted Gatzaros — deeded the land to the U.S. Department of Interior on behalf of the tribe in 1992.

Tribally owned lands cannot be sold without the consent of the federal government, and the Interior Department is not allowed to approve the sale of such land without direct congressional authorization, Stupak said.

Continue reading →

EPA Visits Eagle Rock

June 7, 2010Matthew L.M. Fletcher

From ICT, via Pechanga:

BIG BAY, Mich. – As the top government official who oversees Great Lakes water quality stood on the edge of sacred Eagle Rock, overlooking a pristine expanse of the Yellow Dog Plains, she gained a better understanding about why the state-owned land is sacred to Michigan’s Ojibwa.

“I very much understand what their concerns are – and that is one of the things we are considering as we moved forward on this,” said Tinka Hyde, Water Division director for Environmental Protection Region 5. “We realize that Eagle Rock is of cultural and religious importance to the tribe.”

Hyde was one of three EPA regional bosses from Chicago and the agency’s tribal liaison for Michigan who were given a tour of the area May 13 by officials from the Keweenaw Bay Indian Community during a two-day visit to Michigan’s Upper Peninsula.

Members of numerous tribes including Ojibwa, Cherokee and Lakota had been camping at the base of Eagle Rock since April 23 in hopes of preventing Kennecott Eagle Minerals from building a nickel and copper sulfide mine – named the Eagle Project. At the company’s request, state and local police officers raided the encampment May 27 arresting two campers.

Under federal treaties, Ojibwa have rights to hunt, fish and gather on the state of Michigan owned land. The state leased the land to Kennecott with the understanding that all permits must be approved.

Hyde said any ruling the EPA makes about the withdrawal of state and federal permit applications by Kennecott subsidiaries will be based solely on environmental protection laws, primarily the 1974 Safe Drinking Water Act.

Continue reading →

IPR on Eagle Rock Controversy

June 6, 2010Matthew L.M. Fletcher

From IPR:

Listen

<!–

Fletcher_SacredSites.mp3

Photo courtesy of Yellow Dog Summer

By Bob Allen

Protestors of Michigan’s decision to permit underground mining at Eagle Rock near Marquette took petitions to the state capitol Thursday. Members of the Keweenaw Bay Indian Community say Eagle Rock is a sacred site to them, and a mine dug into the face of the rock will destroy it.

Eagle Rock is located on state land leased to Kennecott Minerals.

State law says mining operations have to take into consideration impacts to places of worship. But state officials ruled that places of worship means those located in a building such as a church.

Matthew Fletcher is an American Indian and professor of law at Michigan State University. He says any appeal of the state’s ruling about sacred places may not be a sure winner.

Listen to Bob Allen’s chat with Fletcher by playing the audio above.

How Appealing: Sixth Circuit Most Reversed Circuit

June 4, 2010Matthew L.M. Fletcher

From How Appealing:

“6th Circuit Takes Lead As Most Reversed Appeals Court”: Today in The Daily Journal of California, Lawrence Hurley has an article that begins, “The San Francisco-based 9th U.S. Circuit Court of Appeals, often categorized as too liberal and out of sync with the more conservative U.S. Supreme Court, faces some unusual competition this term for its crown as the most reversed circuit.”