DOI Assistant Secretary testified against Bay Mills land claims settlement before Senate Committee

At a hearing before the U.S. Senate Committee on Indian Affairs, Deputy Assistant Secretary of Interior - Indian Affairs Aurene M. Martin testified that the Department did not support the Bay Mills Indian Community's land claims settlement as represented in the bill S. 2986 introduced by Michigan Senator Debbie Stabenow and backed by then Governor John Engler and his agent R. Lance Boldrey.

Among Assistant Secretary Martin's objections:

• the Act of Congress would "force a number of administrative actions without giving the Administration sufficient time to review the terms and there is no provision for obtaining the views of other interested parties, including other Tribes, prior to executing these significant actions."
  


• "The Settlement Agreement also contains other gaming-related provisions. It has been the policy of the Department to require that provisions such as these be part of the Class III gaming compact between a tribe and the State. In our view, the Indian Gaming Regulatory Act (IGRA) requires that all substantive provisions relating to the operation of gaming activities be included in the tribal/state compact. This bill arguably carves an exception to this requirement of IGRA, and may set a precedent for other parties to try to do the same."
  


• "Under statutory and regulatory provisions, the BIA is normally required to consult with local units of state government and other Tribes prior to taking land into trust. The mandatory nature of this trust acquisition, as well as the short time frame provided in the bill, precludes us from consulting with interested parties in this regard. The legislation also precludes the Department from evaluating the subject property to determine whether hazardous materials (such as lead paint, mercury, spilled fuel, other dangerous or toxic material), or other potential liabilities exist, and to work with the owner on a remediation plan if necessary. "