6.24.07
Casino needs your support, Sen. Levin
There's frequently a mention by blogger "bdteach" in the Port Huron Times Herald's readers forum about an anticiapted Indian casino opening in New Buffalo, Michigan.
TVT won't quibble with bdteach's propaganda about the economic benefits of gaming. However, bdteach is more concerned with selling the idea of a casino in an economically challenged community than addressing the realities or likelihood a casino will be built in Port Huron. As a casino advocate bdteach implies that because it's looking more and more like a casino will open in New Buffalo in the future, it shouldn't be all that challenging for Port Huron to open a casino there in the near future too.
We're providing the following as enlightened background for readers' consideration.
In 1994 President Clinton signed into law the Pokagon Restoration Act, restoring the status of the Pokagon Band of Potawatomi Indians as a federally recognized tribe. (tribe with the yet to open New Buffalo Casino) Since that time, the Tribe has worked diligently to reestablish its land base in the membership service area of Southwest Michigan and Northern Indiana. It hopes to open its first phase of the Four Winds casino in New Buffalo within a few weeks, August 2007.
Under terms of the Indian Gaming Regulatory Act (IGRA), tribal lands held in trust before October 17, 1988 are eligible to be used for gaming.
Because the Pokagon Band wasn’t yet recognized by the Federal Government, they’re given an exception to IGRA and allowed to acquire (restore) trust lands which are grandfathered into IGRA provisions as if the tribe held the lands prior to October 1988.
According to congressional testimony by Interior official George Skibine (May 2005), three tribes had been able to take land into trust for the purpose of gaming using the restored tribe/lands provisions; although the National Indian Gaming Commission (NIGC) had found approximately 15 of 21 such applications to be eligible for consideration.
The Bay Mills Indian Community, located on Michigan’s Upper Peninsula, seeks to have Congress approve a land claims settlement that would give the tribe the right to develop a third casino more than 300 miles away in Port Huron. Since 1998 there have been at least six previous attempts to slip such a bill through Congress (Stupak, Bonior, Miller, Stabenow) and none have made it out of committee.
Only one tribe has taken land into trust using the land claims settlement provisions (Seneca, NY). Of four applications to take land into trust for gaming disguised as land claims settlements, only one (Seneca) has been deemed eligible for consideration by the NIGC.
One of the last times a tribe was able to get an Act of Congress approving a transfer of land into trust for gaming purposes was in 2000 (Lytton Band of Pomo Indians, CA). And since then, more and more senior lawmakers from both parties and special interests are on the look out for such a move and things have grown increasingly difficult to facilitate.
According to Skibine, from 2000-2005, 8 total applications to take land into trust were approved at Interior: 3 on reservation; 3 restored lands of restored tribes; 1 newly acknowledged tribe; 1 land claims settlement.
George Skibine is Acting Principal Deputy Assistant Secretary – Indian Affairs, for Policy & Economic Development, Department Of The Interior
Under terms of the Indian Gaming Regulatory Act (IGRA), tribal lands held in trust before October 17, 1988 are eligible to be used for gaming.
Because the Pokagon Band wasn’t yet recognized by the Federal Government, they’re given an exception to IGRA and allowed to acquire (restore) trust lands which are grandfathered into IGRA provisions as if the tribe held the lands prior to October 1988.
According to congressional testimony by Interior official George Skibine (May 2005), three tribes had been able to take land into trust for the purpose of gaming using the restored tribe/lands provisions; although the National Indian Gaming Commission (NIGC) had found approximately 15 of 21 such applications to be eligible for consideration.
The Bay Mills Indian Community, located on Michigan’s Upper Peninsula, seeks to have Congress approve a land claims settlement that would give the tribe the right to develop a third casino more than 300 miles away in Port Huron. Since 1998 there have been at least six previous attempts to slip such a bill through Congress (Stupak, Bonior, Miller, Stabenow) and none have made it out of committee.
Only one tribe has taken land into trust using the land claims settlement provisions (Seneca, NY). Of four applications to take land into trust for gaming disguised as land claims settlements, only one (Seneca) has been deemed eligible for consideration by the NIGC.
One of the last times a tribe was able to get an Act of Congress approving a transfer of land into trust for gaming purposes was in 2000 (Lytton Band of Pomo Indians, CA). And since then, more and more senior lawmakers from both parties and special interests are on the look out for such a move and things have grown increasingly difficult to facilitate.
According to Skibine, from 2000-2005, 8 total applications to take land into trust were approved at Interior: 3 on reservation; 3 restored lands of restored tribes; 1 newly acknowledged tribe; 1 land claims settlement.
George Skibine is Acting Principal Deputy Assistant Secretary – Indian Affairs, for Policy & Economic Development, Department Of The Interior
Testimony of George Skibine, May 18, 2005
NIGC Land Opinions (eligibility determinations)
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