indian gaming regulatory act

U.S. v. Hunter et al. — IGRA Criminal Case — Coyote Valley

Matthew L.M. Fletcher1 Comment

United States v. Hunter, No. 06-565 (N.D. Cal.), is an unusual case. In 2001, it appears that the National Indian Gaming Commission investigated the improper expenditure of Indian gaming revenues by tribal council members at Coyote Valley Band of Pomo Indians. They reached a settlement and consent decree (attached as Exh. A to Deft. Crabtree’s Motion to Dismiss below).

In short, tribal council members allegedly continued their bad behavior — using gaming revenues to buy first class plane tickets, donate to political causes, and other uses. The US then brought a criminal case, alleging violation of IGRA (as a criminal matter) when these council members (Hunter et al.) spent gaming revenues on political causes and first class tickets.

What?!?!

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NYTs Editorial on Off-Reservation Gaming

Matthew L.M. Fletcher

From the NYTs:

Good Decision on Tribal Casinos

Interior Secretary Dirk Kempthorne made exactly the right call when he recently denied permission to 11 Indian tribes around the country to acquire more land in order to build casinos.

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Navajo Gaming Loan Threatened

Matthew L.M. Fletcher1 Comment

We blogged previously about the lawsuit filed in Navajo tribal court over the proposed Navajo gaming loan. It turns out the lawsuit was successful in apparently causing the lender to change the terms of the deal (H/T Indianz). This is an interesting development and probably not a welcome one from the perspective of gaming tribes. If tribal court lawsuits challenging the terms of a gaming-related loan, or in this case the authority of the Navajo legislature to approve the loan, are successful in any area, my guess is the price for loans will go up everywhere.

Update: No suit has been filed in the Navajo Nation courts.  The 30 day waiting period required by the Navajo Sovereign Immunity Act (the title doesn’t use “Nation”) just expired and we were preparing to file suit.  There has been no public announcement, but there are rumors to the effect that the notice of suit stopped the loan.  They are now looking at other sources of funding for the casino, such as a trust fund set aside for acquiring land.

From Indianz:

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Lac Vieux Desert Off-Reservation Gaming Proposal (Muskegon) — News Coverage

Matthew L.M. Fletcher

More coverage from the Kalamazoo Gazette and the Muskegon Chronicle. The Chronicle’s coverage denotes significant skepticism:

Obstacles piled high as tribes consider casino

The standing-room-only crowd at the casino presentation by the Lac Vieux Desert Band of Lake Superior Chippewa Indians left Muskegon City Hall on Monday night wondering whether the western Upper Peninsula tribe’s proposal was realistic.

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Department of Interior Changes Fee-to-Trust Process

bnewland2 Comments

Last week, the Department of Interior rejected fee-to-trust applications for eleven tribes . Matthew has linked to the rejection letters elsewhere on this site. In rejecting these applications, the DoI has changed the method by which it will review all fee-to-trust applications under 25 C.F.R. Part 151. On January 3rd, Assistant Secretary of Interior Carl Artman , issued a letter to the BIA’s Regional Directors that established that all future applications will be subjected to a “commutable distance” test. In other words, if a tribe seeks to have land placed into trust, even for non-gaming economic development purposes, it must be within a distance where tribal citizens on the existing reservation can reasonably commute to jobs at the site. This had previously not been the case.

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Lac Vieux Desert Off-Reservation Gaming Proposal (Muskegon)

Matthew L.M. Fletcher1 Comment

From Indianz:

Lac Vieux Band seeks off-reservation casino

The Lac Vieux Desert Band of Lake Superior Chippewa Indians is seeking an off-reservation casino in Muskegon, Michigan.

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Off-Reservation Gaming Letters

Matthew L.M. Fletcher1 Comment

Indianz has links to the letters in which the Secretary of Interior rejected proposals to take land into trust for gaming purposes.

This is a significant development. Expect litigation, hopefully smart litigation.

Florida Seminole Compact — Fla. AG Request for Injunction on DOI Approval of Compact

Matthew L.M. Fletcher

Yesterday, the federal court in DC denied a motion for a preliminary injunction filed by the Florida AG Bill McCollum that would have prevented the Secretary of Interior from publishing the approval of the Class III gaming compact between the Florida Seminoles and the State of Florida.

Here are the materials:

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St. Croix & Bad River Chippewa Trust Acquisition Lawsuit Materials

Matthew L.M. Fletcher

On December 7, 2007, the St Croix Tribe of Chippewa filed a suit against Dirk Kempthorne and Carl Artman. The Tribe has been working with the Bad River Chippewa and the City of Beloit (Wisconsin) to develop a casino in the city (which is not located within either Tribe’s reservation). The suit alleges that DOI has reversed its procedure of applying the two-step IGRA section 20 determination before the 25 CFR Part 151 determination. The Tribe claims that seeking the Part 151 determination first will be futile because of Secretary Kempthorne’s personal views on off-reservation gaming. The Tribes have already spent a great deal of time and money in developing the plan, meeting the requirements of the various applicable environmental laws, et cetera.

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County of Amador v. USDOI Materials

Matthew L.M. Fletcher

From Indianz:

The Bush administration is facing tribal criticism for its land-into-trust policies but officials have at least one court victory under their belts.

In a 16-page decision issued last Thursday, a federal judge in California dismissed a suit against Interior Secretary Dirk Kempthorne and Assistant Secretary Carl Artman. The two officials were accused of violating federal law with a legal opinion that said the Ione Band of Miwok Indians could open a casino in Amador County.

Here are the briefs:

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