off-reservation gaming

Governor Rick Snyder and Attorney General Bill Schuette put their opposition of the proposed Lansing casino in writing Monday. Their letter was addressed to the chairman of the Sault Saint Marie tribe of Chippewa Indians.

For the casino to even become a reality in the first place it needs to be approved by the federal government. The tribe has to ask the U.S. Department of Interior to take the land into trust and make it tribal land, then it would be eligible for gaming.

One issue facing the proposal to build a casino in Lansing is the fact that there are already 3 off-reservation casinos in the state.

The final decision would come from the federal government, but one expert says the opposition from state leaders could make this all a bit more difficult.

“The governor role I think can potentially be huge in that politics is everything when it comes to off reservation gaming,” said Matthew Fletcher, director of the Indigenous Law and Policy Center at MSU.

The letter made public from the governor and attorney general to the Sault St. Marie Chippewa Indian tribe has Fletcher a bit surprised.

“That’s pretty tough…tough talk,” said Fletcher.

In the letter it flatly says they oppose the opening of the casino.

“If this was a different world and the Governor supported this, it would put pressure on the Department of Interior to act quicker. It would make the other tribes back down,” said Fletcher.

Fletcher says the Department of Interior will listen closely to what the governor has to say and his opposition could cause a great delay in moving forward.

“This is a chunk of land that is right in the heart of the state’s capital and certainly the state is going to have say in what happens when that land completely leaves the state’s jurisdiction,” said Fletcher.

State of Oklahoma v. Hobia Complaint (Kialegee Tribal Town Casino)

February 8, 2012February 8, 2012Matthew L.M. Fletcher1 Comment

Here are the materials:

Complaint for Injunction and Dec. Relief

Motion for Preliminary Injunction

State Brief Preliminary Injunction

Okla. AG press release here. News coverage here.

News Coverage on Proposed Lansing Casino

January 24, 2012January 24, 2012Matthew L.M. Fletcher

Interlochen Public Radio

Lansing Channel 10

Detroit Free Press

Lansing State Journal

State News

Battle Creek Enquirer

WKAR: East Lansing Public Broadcasting

WUOM: Michigan Public Radio

Commentary on Sault Tribe’s Proposed Lansing Casino

January 23, 2012January 23, 2012Matthew L.M. Fletcher2 Comments

I can’t not say anything, since this proposed casino is in our own backyard. But seriously? The mayor says in 12-24 months he expects construction to start, and then another year or so after that there will be a fully functioning Indian casino in Lansing.

Wow.

We’re going to predict that it won’t happen. No chance.

Off-reservation Indian gaming is the most hotly-contested, politicized issue in American Indian affairs right now and maybe forever. Think of the interests arrayed against a Lansing casino, let alone one owned by an Indian tribe. The Detroit casinos will be opposed because it will cut into their bottom lines, and the entire City of Detroit, the Michigan Congressional delegation, the unions, everyone will throw their weight against this casino proposal.

More, up north just a few miles is another big problem for the mayor — the Saginaw Chippewa Indian Tribe. They’ll throw their weight against a Lansing casino, too, since a Lansing casino might destroy that tribe’s gaming market. They’ll have nothing to lose by fighting this every step of the way because they will be so severely injured by a Lansing casino that no lobbyist, no lawsuit, nothing will be too expensive to throw at it.

Finally, the law makes this difficult. Been saying this for months now. I suppose Sault Tribe believes, as I imagine the Bay Mills Indian Community does, that Bay Mills will eventually win on its legal theories relating to the Vanderbilt casino. it seems doubtful at best, given that Interior and the NIGC disagree. If that happens, then there will be 10-15 more Indian casinos in and around Lansing, Detroit, Grand Rapids, Muskegon, and so on in the next five years, especially if Bay Mills doesn’t comply with its revenue sharing obligations to the other tribes contained in the 1993 compacts (that’s right, even if they win, they only get one-seventh of the profit — go read section 9 of the 1993 compacts). Really hard to believe that will happen. Let’s set that aside for a minute.

The Sault Tribe will have to purchase land in Lansing, maybe the Lansing convention center or something. Then they’ll have to ask the Secretary of Interior to take the land into trust. And every trust acquisition application for gaming purposes requires an Environmental Impact Statement, and those take a few years to conclude. Once that’s done, the tribe will have to persuade Interior to take this land into trust. And that’s not so easy. The Indian Gaming Regulatory Act requires the governor to concur on any off-reservation gaming proposals. The Secretary has to then agree to take the land into trust, and even then someone in the Michigan Congressional could push through a rider preventing that action. It’s happened before.

And then, assuming the Secretary does take the land into trust, the lawsuits start. Trust acquisitions are governed by the Administrative Procedures Act. Anyone can sue, pretty much. The experiences of the three Potawatomi tribes in Michigan are instructive. The suits take years and years to conclude.

Of course, I’m no political scientist. Politics is money (see Citizens United) and anything can happen, including a backlash against Indian gaming that persuades Congress to ban off-reservation gaming. But the mayor’s three years is a dream, and kind of sick thing to promise to people in Lansing who might believe the mayor and see this as a real possibility for improving their lives.