McBride/Broadman/Duran Commentaries in Indian Gaming Magazine

Here: Jan11_IndianGaming

Apologies to Anthony Broadman for giving credit to the wrong person for his work all morning long. Need a nap.

Ten Taxpayer Group v. City of Falls River Development Authority

Interesting case to watch, involving the ability of a local municipality to sell land to an Indian tribe for gaming purposes when state law does not expressly authorize Indian gaming. Currently pending before an appellate court.

Ten Taxpayer Complaint

Ten Taxpayer Motion

Fall River Development Authority Opposition to PI

Ct Order Granting PI

Ct Order on Motion to Dissolve PI

Cowlitz Trust Acquisition Record of Decision

Here: Cowlitz ROD

and here.

Also, the Cowlitz Tribe’s initial submission to BIA regarding the Carcieri issue: Cowlitz Carcieri Submission

Profile on Gun Lake and Other Potawatomi Casinos in Southwest Michigan

Here is the article, thanks to A.K. And an excerpt:

In the early 1990s, two Native American tribes in Southwest Michigan were working to gain federal recognition and open casinos. John Shagonaby, then in his early 20s, saw this and decided to enroll at Western Michigan University, earn a business degree and help his tribe do the same thing.

About 15 years later, the Gun Lake Match-E-Be-Nash-She-Wish Band of Pottawatomi are on the eve of opening the Gun Lake Casino, an 83,000-square-foot gaming hall in Wayland Township that promises to make casino gambling more convenient to hundreds of thousands in West Michigan.

By next New Year’s Eve, you could be there.

While there has been significant opposition, the number of casinos within a short drive of the region’s population centers of Grand Rapids, Muskegon and Kalamazoo is poised for further growth as a new decade dawns.

Two casinos have opened in the past three years, two more will open next year, and another may open in the next three years.

More casinos mean more options for area gamblers, but it also may mean greater competition for gaming dollars, making efficient management essential, experts say.

“It’s supply and demand,” said Jacob Miklojcik, president of Lansing economic development consulting firm Michigan Consultants. “For many years there was a lot of demand and not much supply. That’s changing now.”

But Shagonaby and the Gun Lake Tribe aren’t interested in talking about competition or what other casinos are doing. After a 10-year fight, they’re just glad to be nearing the finish line.

“There were a lot of ups and downs in the road but we made it through it,” he said. “So it will be even sweeter when we swing the doors open.”

 

Stockbridge-Munsee/New York Gaming Compact

Available here, along with a news report on it, via Pechanga.

Also, here: 46046842-Stock-Bridge-Munsee-Compact

 

Federal Court Denies Fond du Lac Band Effort to Delay Case with Duluth over Gaming Revenue Sharing

Fond du Lac Band had asked for a continuance to allow the National Indian Gaming Commission to weigh in on the agreement with the City of Duluth. No go. Here are the materials in City of Duluth v. Fond du Lac Band of Lake Superior Chippewa Indians (D. Minn.):

Magistrate Report denying Motion for Continuance

DCT Order Adopting R&R

Prior summary judgment materials favoring the City are here.

Intergovernmental Relations Developing in Cal. as a Result of Gaming

From here, via Pechanga:

Landmark intergovernmental agreements between California’s small and once impoverished American Indian communities and surrounding cities and counties are playing a crucial role in the growth of the nation’s largest tribal casino market.

But the agreements, intended to mitigate the impact of casinos and economic growth on sovereign Indian land held in trust by the federal government, are not without controversy.

Combined with a recent federal court ruling on the legality of tribes sharing casino revenue with the state, they muddle the future of California’s $7.3bn gambling industry.

“The whole nature of tribal, state and local government relations in California, as far as sharing revenues and mitigating the impacts of gaming, is being thrown up for grabs,” observes Nikki Symington, a consultant for the Rincon Band of Luiseno Indians, a small community near San Diego. “I don’t know that there is any happy solution down the road.”

The Indian Gaming Regulatory Act intended that non-Indian use of gambling revenue be largely restricted to regulatory oversight, problem gambling and other casino impacts.

Many of the fifty-seven California tribes that signed model 1999 tribal-state agreements, or compacts, allowing them to operate casinos voluntarily entered into local intergovernmental agreements and paid into a special distribution fund for traffic, public safety and other local impacts.

There are 107 federally recognize

d tribes in California, more than any state. Until casino gambling most were small, impoverished communities lacking roads, adequate utilities and with no history of government and political relations with the state, counties and municipalities.

“Our communities have been here a long, long time. But for 200 years we have been largely invisible, politically disenfranchised and isolated by poverty and neglect,” Anthony Pico, a citizen of the Viejas Band of Kumeyaay Indians, told a November 2007 meeting of the San Diego Association of Governments. “Gaming changed all that. We are trying to do what it has taken our neighboring counties and municipalities several generations to accomplish.”

Continue reading

Interior Letter Rejecting Habematolel Pomo Upper Lake Gaming Compact

Big news.

Here: TribeUpperLake081710

NIGC Succeeds in Transferring Ysleta Gaming Case Back to Texas

Here are the materials in Ysleta del Sur Pueblo v. NIGC (D. D.C.):

DCT Order Transferring Case

NIGC Motion to Transfer

Ysleta Response

NIGC Reply

Ysleta Complaint

Schaap on the Growth of Indian Gaming

James Schaap has published The Growth of the Native American Gaming Industry: What Has the Past Provided, and What Does the Future Hold? (Schaap on the Growth of Indian Gaming) in the American Indian Quarterly. Here is a quick excerpt:

What can we say about the phenomenal growth of the Native American gaming industry? In order to evaluate the industry’s development we first need to consider its economic, social, and political history. Then, building on this foundation, it will be possible to predict, strictly from an observational perspective, what the future may hold for Native Americans.