New Student Scholarship on Off-Reservation Gaming

The UNLV Gaming Law Journal has published “Fencing the Buffalo: Off-Reservation Gaming and Possible Amendments to Section 20 of the Indian Gaming Regulatory Act” (PDF).

 

Bloomberg on Sea Change on Indian Gaming from Bush’s Interior to Obama’a Interior

Here.

An excerpt:

Skibine said the Bush administration was in the thick of a lawsuit in which tribes sued the federal government for mismanaging reservation land and were reluctant to take more into trust — a precursor to any reservation gaming project that isn’t located on the tribe’s traditional grounds.

The Bush White House was also operating in the midst of the Jack Abramoff lobbying scandal, in which Capitol Hill aides and Republican advocates secretly pitted tribes and Christian groups against one another while raking in millions.

The administration’s policy was presented in a Jan. 3, 2008, Indian Affairs memo that limited how far from a tribe’s existing reservation a casino project could be located.

“No application to take land into trust beyond a commutable distance from the reservation should be granted unless it carefully and comprehensively analyzes the potential negative impacts on reservation life and clearly demonstrates why these are outweighed by the financial benefits of tribal ownership in a distant gaming facility,” Carl Artman, Bush’s assistant secretary of Interior for Indian Affairs, wrote.

Second Update in Michigan’s Suit against Proposed Sault Tribe Lansing Casino

Here are the new materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

Michigan Reply in Support of Motion for PI

Michigan Response to SSM Motion to Dismiss

Nottawaseppi Huron Band of Potawatomi Indians filings:

2012-12-21 Amicus Brief with Exs.

2012-12-21 Memorandum in supportof Motion to file an amicus brief

2012-12-21 Motion to file an amicus brief

Saginaw Chippewa Indian Tribe filings:

motionforleavetofile&brief

sagchipamicus

exhibitssagchip

Previous materials are here (complaint and motion for PI) and here (Sault Tribe’s responsive pleadings).

Complaint Challenging Trust Acquisition for Enterprise Rancheria of Maidu Indians

Here is the complaint in Citizens for a Better Way v. DOI (D. D.C.):

Citizens for a Better Way Complaint

From the complaint:

This dispute centers on the November 21, 2012, decision of the Department of the Interior (“DOI”), through Secretary Kenneth Salazar (“Secretary”), to acquire a 40-acre parcel of land located near rural Wheatland, California (“Yuba Site”) in trust on behalf of group of Indians alleged to be the Enterprise Rancheria of Maidu Indians of California (“Enterprise”) and the underlying September 2011 determination approving off-reservation gaming on the Site. The purpose of the acquisition is to allow Enterprise to develop an off-reservation casino-resort with 1,700 slot machines and 170-room hotel in the middle of a farming community in Yuba County. The Secretary published notice of the trust decision in the Federal Register on December 3, 2012. 77 Fed. Reg. 71,612-01 (Dec. 3, 2012). The Secretary did not publish notice of the underlying gaming determination, made in September 2011, in the Federal Register.

Update in Michigan’s Suit against Sault Tribe and Lansing Casino Proposal

The tribe has moved to dismiss and to oppose the State’s request for a preliminary injunction.

Sault Tribe Motion to Dismiss

Sault Tribe Response to Motion for PI

The complaint is here.

News coverage is here.

State of Michigan Sues Sault Tribe over Lansing Casino Proposal

Here are the materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

Complaint

State Motion PI

State Brief PI

State Brief PI Ex A Compact

State Brief PI Ex B Resolution

State Brief PI Ex C CDA

State Brief PI Ex D Letter

State Brief PI Ex E Web page

State Brief PI Ex F Gaming Ordinance

Gov. Brown Concurs in Two 2-Part Determinations

Governor Brown Concurs with U.S. Department of the Interior Decision, Signs Compact with North Fork Rancheria http://gov.ca.gov/news.php?id=17700
Governor Brown Concurs with U.S. Department of the Interior Decision, Signs Compact with Enterprise Rancheria http://gov.ca.gov/news.php?id=17699