New Bay Mills Chairman Plans to Wrestle Charlotte Beach Land Claims from Soo Tribe; Evict Current Residents

A Letter To Bay Mills Tribal Members

2.12.2011

As posted on Facebook at Kurt Perron For Tribal Chairman

* I will resolve our Charlotte Beach Land Claim which has been handed over to the Soo Tribe to use to obtain casinoes with. I will file a lawsuit against the Soo Tribe in federal court to have them kicked off our Charlotte Beach land claim using the Supreme Courts recent Carcieri decison as precedent. Once Soo Tribe is kicked off our claim, I will then issue an eviction notice to the current residents of Charlotte Beach. We can then use our claim ourselves to obtain several more casinoes in key areas, including Vanderbilt, without spending our Elders Fund in the process. We should have never given our Charlotte Beach Claim to the Soo Tribe to use for a casino in Romulus and now Lansing, this was our land and it was taken from us, not the Soo Tribe. If a casino ever opens in these areas it will be owned by Bay Mills, not Soo Tribe.

See also:

• President/Chairman Parker, Longtime Crony of Detroit Gambling Promoter Michael Malik, Tossed Out by Bay Mills Indian Community Voters
• Same 20-Year-Old Story, Bay Mills Chairman Teasing Business Leaders with Hopeless Casino Plans
• Scandal Continues to Plague Political and Lobbying Activities of Detroiters Bankrolling Casino Plans
• Michael Malik: The Latest Life & Times of a Detroit Casino Syndicator
• Four Charlotte Beach parcels purchased by Michael Malik or his associates since 2002
• Charlotte Beach real estate transactions involving Michael Malik haven't been impacted by any so-called "cloud" over title
• Michael Malik at epicenter; manufacturing behind the scenes drama in Michigan’s remote Charlotte Beach subdivision.
• Why would attorney for Tribe's Port Huron casino developer be acquiring property up north in Charlotte Beach?
• Is the Bay Mills Tribe using Charlotte Beach land claims solely to leverage developer's off-reservation casino plans?
• UPDATE: Posts set context and detail schemes, conflict$ behind Detroiters' off-reservation casino proposal
• Tribe to borrow $4 million to fund federal grant requirement, other investments in Malik’s Plastics venture 

Similarities Between Strategy to Approve Bay Mills Land Claim and Native Hawaiians' Attempt to Restore Sovereignty

The Common Interest in Both Schemes is 

Detroit Gambling Promoter Michael Malik

Detroit Gambling Promoter
Michael J. Malik, Sr.

Blogger’s Note:  Does this cram-it-into-an-appropriations-bill strategy not in the Hawaii Free Press story highlighted below sound familiar?  Recall when lobbyists and operatives for Detroit gambling promoter Michael Malik attempted to get approvals of the Bay Mills Indian Community Land Claims Settlement crammed into an Appropriations Bill?  or the Transportation Omnibus?  Those attempts were ultimately intended to get approvals needed to pave the way for Malik’s Bay Mills Indian casino in Port Huron (MI).

Consider this... Malik has attempted to establish gambling (a casino) in Hawaii for the better part of a decade. He’s not been able to get legislative or voter approval despite major efforts in 2001 and 2010-11.  But recently he’s been spotted palling around on Long Island (NY) with former Hawaii Governor John Waihee. 

Waihee was the first Governor of Hawaii to be of Hawaiian ancestry and he was the person who appointed then-Rep. Akaka to fill the U.S. Senate seat that had been held by Spark Matsunaga, making Akaka the first person of Native Hawaiian ancestry to serve in the Senate.

While Waihee has been an opponent of gaming in Hawaii, for the better part of his life, he’s been a ring leader in the movement to restore Hawaiian Sovereignty.  Should Native Hawaiians be Federally Recognized, Malik might be able to get his Waikiki casino – in the same way he hopes to build, manage and operate a Long Island casino using a bargain he struck with the Shinnecock Indian Nation.  And should Waihee, who’s had personal financial challenges in recent years and who was embroiled in the Bishop Trust scandals detailed in “Broken Trusts, ” be personally enriched through a Native casino in Hawaii, it would be a grand slam for the former Governor.

Another Akaka Bill sneak attack? GOP Senators tell Inouye to back off

News Release from US Senate Republican Caucus

12.03.2010

WASHINGTON – Senators Jon Kyl (R-Ariz.), Lamar Alexander (R-Tenn.), John Cornyn (R-Texas), and Tom Coburn (R-Okla.) today released the following statements in response to reports that the Native Hawaiian Government Reorganization Act – legislation that would establish a new governing entity for individuals of native Hawaiian descent – may be added to an Omnibus Appropriations Bill or a Continuing Resolution, one of which must pass Congress and be signed by the president this month, or the federal government will not have the funding to operate.

“Legislation as highly complex and divisive as the native Hawaiian bill requires vigorous discussion, debate, and amendments,” Kyl said. “An attempt to include it in unrelated legislation to keep the government operating is a breach of process and is an example of what the American people are tired of – back room deals that are inserted in secret packages written behind closed doors.”

“I’m concerned by reports that a special Native Hawaiian bill, or any other controversial measure, might be quietly inserted into must-pass legislation that’s needed to keep the government open,” Alexander said. “If the Democratic majority wishes to pass legislation that would create a new, sovereign government within our borders based solely upon race, it should be brought up separately and debated openly on the Senate floor with the opportunity for amendment.”

“This November, Americans spoke and we listened,” said Cornyn. “Unfortunately, some of my Senate colleagues did not hear the resounding message that rejected secret backroom deals and controversial legislative distractions like this... (Complete Story)

It's an Election Year and Bay Mills Chairman Jeff Parker Wants Constituents to See Him as Good for the Economy both on and off Reservation

Bay Mills Indian Community official speaks to West Flint Business Association, fills in details about proposed development

10.19.2011

By Kayla Habermehl

FLINT TOWNSHIP, Michigan — Although still fighting a legal battle about whether a northern Michigan gaming facility is on "Indian land," the Bay Mills Indian Community chairman told a gathering of area businesses he believes a Flint Township casino will be a reality.

Jeff Parker, chairman of the executive committee for Bay Mills, spoke during the West Flint Business Association's monthly luncheon today in Flint Township. The potential facility is expected to be about 200,000 square feet, half of which would be gaming space, and could bring about 700 jobs to the area, Parker said.

Although the casino would be the "hub," Parker said Bay Mills planned to have the surrounding businesses by owned by area residents.

Many of the jobs would be minimum wage and the majority would be filled by area residents, he said.

Parker also said the tribe's attorneys were filing a motion today and three more Friday to dismiss a lawsuit that shut down Bay Mills' Vanderbilt facility earlier this year.

“We believe we’ve covered all the bases and we can go forward,” Parker said of the legality of the Vanderbilt facility.

Bay Mills purchased 28 acres in December at the northeast corner of Lennon and Dutcher roads in Flint Township.

Earlier this year, Bay Mills appealed a federal judge's ruling that forced the tribe to close a small casino in Vanderbilt, a slots-only gaming operation north of Gaylord, Mich. that opened without traditional approvals in place.

The lawsuit was filled by the state attorney general and the Little Traverse Bay Bands of Odawa Indians. They claimed the casino was illegal and running without necessary approvals.

Parker also planned to meet with township officials today to begin discussions about contracting for services such as police and fire. Called a payment in lieu of taxes, it would provide 2 percent of Bay Mills gross profits from the Flint Township facility to the township, Parker said.

He estimated it could result in between $2 million and $4 million for the township.

Like Bay Mills in Flint Township; Sault Ste Marie Chippewa seek Off-Reservation Casino

Lansing casino is 'not a realistic expectation,' experts say
10.12.2011

Legal experts say bringing a tribal casino to Lansing faces huge hurdles

by Nyssa Rabinowitz

Building a tribal casino in Lansing might be harder than you think — in fact, its almost impossible to bring a tribal casino to the city, legal experts say.

“I don’t see any possibility of a tribal casino being allowed to be constructed in the city of Lansing,” said Robert Stocker II, chairman of the gaming practice group at Dickinson Wright law firm in Lansing. The group deals with both Indian and commercial gaming issues and MGM Grand is listed on the firm’s client list on its website.

Stocker’s remarks should be taken in the context of the highly competitive nature of the $10 billion-a-year casino industry in Michigan, since his firm’s website says it represents Detroit’s MGM Grand Casino. Still his remarks are consistent with those of other experts who don’t have clear ties to other casinos.

Two weeks ago, Ted O’Dell of the Lansing Jobs Coalition, which led a petition drive seeking a referendum on whether voters want a casino, told City Pulse that the Sault Ste. Marie Chippewa Tribe was in negotiations with city officials to build a tribal casino in the city. The proposal would create 1,500 new jobs and 300 construction jobs, O’Dell said. The Lansing Jobs Coalition has been researching building a casino since January as a way to bring jobs to Lansing.

The Bernero administration has neither confirmed nor denied that such negotiations are under way, but Mayor Virg Bernero issued a statement strongly endorsing the idea of a casino in Lansing because of the “tremendous” economic benefit... (Complete Story)

Vision for Bay Mills' Vanderbilt Casino

The Bay Mills Indian Community took a gamble and opened a very small casino in Vanderbilt (MI) last November (2010).  Shortly after opening the facility with 38 slot machines, the tribe began expansion of the facility.  After closing for a couple of days in early 2011 they opened a facility twice its original size.  The tribe followed a Court directive in March and closed its doors.

Should the tribe prevail in current court action and be allowed to re-open its Vanderbilt gambling site, the graphic below gives one an idea of what the next phase of their plans might look like.

This graphic was given to Vanderbilt village leaders

Fire Fighters and Local Residents have concerns about Bay Mills Casino Plans in Flint Township

Bay Mills to Flint Township: 'Let's work out a deal'

10.04.2011

By Kristen Abraham - bio | email

click arrow below to play video here

FLINT TOWNSHIP (WJRT) - (10/03/11) - Plans to bring more economic development to Genesee County could include a casino. The Bay Mills Indian Community owns 28 acres north of Genesee Valley Center near Lennon and Dutcher Roads and have yet to determine what they plan to do with the property.

Tribe President Jeff Parker said it could be anything from a casino to a charter school. "The tribe has the opportunity to engage in all kinds of economic development and those jobs would be open to anybody."

Bay Mills has two casino resorts in Brimley, which is the Upper Peninsula, 25 miles west of Sault Saint Marie. Through a land settlement act, the tribe bought property in Flint Township and up north in Vanderbilt. [See Map]

But Bay Mills is trying to settle a lawsuit challenging whether an off-reservation casino can be built there. "The status of the land today is it's Indian lands, the question is it legible for gaming, we will see. But that doesn't mean tribes don't bring specific opportunities to local areas," Parker said.

Ken Berg of Flint Township lives in a subdivision across the street from the tribal property. "What happens to our property values, what happens to the crime rate, they're not concerned about that. They want the money," he said. "I'm concerned that they can say something, and they don't have to follow it because they arn't governed by the same laws we are."

Bay Mills wants to work out an arrangement with the township for Police and Fire protection. Firefighter Kevin Clary isn't sold on the idea. "Everything that came out of their mouth basically was, 'it's our land, we're going to do what we want do.' We are just here saying 'hey this is what we would like you to do.'"

But not everyone opposes a gaming facility. Ed Linn thinks a casino would be a good investment for the community. "I won't have to go Vegas or Atlantic City, I can hop on my bike and go gamble."

Bay Mills Indian Community purchases 30 acres of land in Flint Township | WJRT-TV

WJRT-TV ABC-12

Bay Mills Indian Community purchases 30 acres of land in Flint Township | WJRT-TV

GENESEE COUNTY -- (12/30/10)--The Bay Mills Indian Community has purchased 30 acres of land in Flint Township but has not publicly said what it intends to do with it.

The property is located at the northeast corner of Lennon and Dutcher roads. The quit claim deed for the site was recently filed with the Genesee County Register of Deeds.

The speculation is a casino could be built at the site.

The Bay Mills Tribe already operates a small casino in the northern Michigan community of Vanderbilt.

Michigan Petition Drive could let voters approve expanded gaming in Detroit, Port Huron and elsewhere

Revamped petition drive seeks Port Huron casino
9.23.2011

by Cliff Schrader, WGRT-FM 102.3

…Our casino quest appears to be in limbo until the Bay Mills Indian Community's July 2012 federal court date. But the truth is there's a war going on.

The court case of Bay Mills vs. the State of Michigan and the Little Traverse Bay Bands of Odawa Indians regarding Bay Mills' Vanderbilt casino is understood to hold our future. What happens with Vanderbilt determines the fate of Port Huron's casino.

If Chief U.S. District Judge Paul Maloney, the same judge who closed the Vanderbilt casino in a preliminary injunction earlier this year, rules against Bay Mills, Port Huron's casino bid likely dies.

Just weeks ago, Bay Mills sued Michigan Gov. Rick Snyder, declaring the land in Vanderbilt is tribal land and the state has no say in their casino operation.

At the same time, the state appears to have upped the ante. It amended its complaint against Bay Mills by adding Bay Mill's tribal elected officials and gaming commissioners as defendants.

It appears state Attorney General Bill Schuette is putting individual tribal leaders' necks on the chopping block. I was told the state believes it will be able to criminally prosecute individual tribal leaders for violating Michigan's gaming laws.

So much for the secret deal local good old boys had this community believing was cut with the attorney general's office. After some minor push back, the attorney general was supposed to cut a deal to let Bay Mills have the Port Huron casino site as a settlement.

That proved to be nothing but smoke.

But Michigan Is Yours is back. The brainchild of the late Frank Stella, the campaign's aim is to jumpstart Michigan's economy.

In early 2010, Michigan Is Yours launched a petition drive to amend Michigan's Constitution to add seven new casinos. At first, Port Huron was on that list, but was bumped. Mount Clemens replaced us.

The drive needed 380,000 signatures by July 5, 2010, but failed. It was about 30,000 short, Billy said.

This time, Port Huron is back in the mix. Billy said new ballot language was approved last week by the Michigan's Bureau of Elections.

It reads: "An initiative petition to amend the Constitution of the State of Michigan by adding Section 43 Article IX to promote the economic development of the state; to authorize casino gaming at no more than seven casinos which shall be located in Grand Rapids, Lansing, Detroit, Romulus, Benton Harbor, Saginaw and Port Huron."

The new petition drive has until March 15 to collect 320,000 signatures -- 60,000 less than last time. Billy said Michigan Is Yours is well on its way to raising $20 million to make this happen.

While there is much in the fine print, the law will mandate at least 19% of adjusted revenues will go to Michigan ventures…

Read full column as originally posted

MAPLight.org: Illuminating the connection between money and politics affiliated with H.R. 2176

MAPLight.org illuminates the connections between money and politics surrounding H.R. 2176 (110th), the bill voted down on the floor of the House last June. The bill was intended by Reps. Don Young, Candice Miller and Bart Stupak to pave the way for Detroit casino syndiators to build a Port Huron casino in partneship with the Bay Mills Indian Tribe. Each of those Members has been rewarded with substantial support for their re-election campaigns and other political committees paid for by the Port Huron/Bay Mills casino backers.

Four Charlotte Beach parcels purchased by Michael Malik or his associates since 2002

Charlotte Beach Subdivision, Barbeau, Michigan

Properties purchased or otherwise acquired by Michael J. Malik, Sr. or his associates during the last decade.

Parcel No:	0023250730000
Owner(s):	CB PROPERTY INVESTMENTS LLC
Site Address:	3915 S 1 COTTAGE RD BARBEAU, MI 49710
Mail Address:	280 W MAPLE RD 31 BIRMINGHAM, MI 48009-3344

Acquired by CB Property Investments, L.L.C. (William Serwer, Michael J. Malik’s business attorney) from Dale E. Bertram and Duane A. Bertram & Rhea Bertram June 12, 2002 for an undisclosed sum through foreclosure (approximately three months before Governor Engler concluded negotiations on a Bay Mills Indian Community land claims settlement agreement over Charlotte Beach lands).

Parcel No:	0023250260000
Owner(s):	CB PROPERTY INVESTMENTS LLC
Site Address:	3915 S 1 COTTAGE RD BARBEAU, MI 49710
Mail Address:	280 W MAPLE RD 310 BIRMINGHAM, MI 48009-3344

Acquired by CB Property Investments, L.L.C. (William Serwer, Michael J. Malik’s business attorney) from Dale E. Bertram and Duane A. Bertram & Rhea Bertram June 12, 2002 for an undisclosed sum through foreclosure (approximately three months before Governor Engler concluded negotiations on a Bay Mills Indian Community land claims settlement agreement over Charlotte Beach lands).

Parcel No:	0023200210000
Owner(s):	CASTAGNE EUGENE & CATHERINE
Site Address:	3611 S 1 COTTAGE RD BARBEAU, MI 49710
Mail Address:	15050 HARMONY LN CHEBOYGAN, MI 49721-8433

Originally purchased by James F. Hadley in 1996; acquired by Luna Properties Charlotte Beach LLC (Tom Celani) November 9, 2004 for a value 21.3% greater than Hadley originally paid; sold to Castagnes in 2005 at a value 56.6% greater than Celani acquired the property for from Hadley Estate a year earlier.

Parcel No:	0023200110000
Owner(s):	REED JAMES M & BETH E
Phone:	(918) 446 - 1344 [do not call]
Site Address:	3819 S 1 COTTAGE RD BARBEAU, MI 49710
Mail Address:	4615 OAK LEAF DR TULSA, OK 74132-2127

Originally purchased by James F. Hadley in 1996; acquired by MJM Charlotte Beach, L.L.C. (Michael J. Malik) November 9, 2004 for a value 21.3% greater than Hadley originally paid; sold to Reed in January 2006 for an undisclosed value.

TIMELINE – chain of ownership

If you desire copies of the register and tax documents that TVT has obtained regarding these properties please write allverifiable@gmail.com

NOTE: Originially posted 8.08.07 & updated 11.08.08 to reflect parcels 0023250730000 & 0023250260000 appear to have been obtained by CB Property Investments as part of a foreclosure action.

C-SPAN archived debate on bill for Michigan casinos which failed to win passage in U.S. House

An archive of video segments and corresponding transcripts that record the 6.25.08 floor debate in the U.S. House of Represenatives relative to H.R. 2176 are posted at C-SPAN's Congressional Chronicle.

Debate begins with introductory comments by Nick Rahall (D-WV), chair of the House Natural Resources Committee.

C-SPAN provides video recordings of the primary arguments delivered by:

Don Young (R-AK)
John Conyers (D-MI)
Steve King (R-IA)
Shelley Berkley (D-NV)
Dale Kildee (D-MI)
Carolyn Kilpatrick (D-MI)
John Dingell (D-MI)
Charles Dent (R-PA)
Bart Stupak (D-MI)
Candice Miller (R-MI)
Darrell Issa (R-CA)

Following floor debate, a formal vote of the full House of Representatives was ordered and H.R. 2176 failed passage by a significant margin, more than 2-to-1 (Yeas - 121: Nays - 298).

H.R. 2176 was intended to pave the way for two Michigan Indian tribes (Bay Mills Indian Community and Sault Ste. Marie Tribe of Chippewa Indians) to build casinos in the greater Detroit area (Port Huron and Romulus or Flint respectively).

Where does Rep. Bart Stupak come up with this stuff?

An article published 6.25.08 in the Detroit News announcing the sound defeat of bills that would have paved the way for an expansion of off-reservation Indian casinos in Michigan reads:

"Rep. Bart Stupak, D-Menominee, said non-Indian homeowners at Charlotte Beach have seen their property values assessed at 90 percent below value because of the legal cloud over the land. "

Rep. Stupak should surface the basis for his comments. And he should report when it was that he received such "facts."

Could it have been during the brief period back in the late 1990s when the Bay Mills Indian Community filed court action on their so-called land claims? Because those claims were subsequently tossed out by both state and federal courts seemingly clearing the sky of any "clouds" over title to local land. And there seems to be no public record of concerned property owners since then. Documents filed for local real estate transactions don't support Stupak's representations either.

During congressional hearings in recent years on the matter there were never any Charlotte Beach landowners who testified. Nor did anyone representing any collection of property owners appear.

There has been no grassroots advocacy on behalf of the "agrieved" property owners in the 110-acre Charlotte Beach subdivision located on Michigan's eastern Upper Penninsula, with one exception: Detroit casino syndicator Michael Malik.

But in fact, Malik, the businessman who has a financial interest in advancing the settlement scheme has acquired and sold land in Charlotte Beach at a profit. What would have compelled a businessman like Malik to buy Charlotte Beach land at a price greater than what the previous owner had paid just several years prior; and then enabled Malik to turn around and sell it to someone else at a profit a short time later. Hhhmmmmm?

Shame on Stupak's staff, they should really do a better job arming their boss with facts they've gathered independently.

Rep. Stupak should get current and come clean about his representations and what he would imply are "facts." Relying soley on what casino syndicator Mike Malik and his battalion of attorneys and lobbyists have represented isn't smart. And certainly relying on a factoid someone tossed in his lap nearly ten years ago isn't smart either.

See the following posts for more details:

• Charlotte Beach real estate transactions involving Michael Malik haven't been impacted by any so-called "cloud" over title


• Michael Malik at epicenter; manufacturing behind the scenes drama in Michigan’s remote Charlotte Beach subdivision.


• Four Charlotte Beach parcels purchased by Michael Malik or his associates since 2002


• Why would attorney for Tribe's Port Huron casino developer be acquiring property up north in Charlotte Beach?


• Is the Bay Mills Tribe using Charlotte Beach land claims solely to leverage developer's off-reservation casino plans?

Controversial schemes for off-reservation casinos in Michigan set for vote on House floor

6.24.08

Pelosi to grant vote on Indian gaming bill benefiting Rep. Dingell’s district

By Susan Crabtree

House Speaker Nancy Pelosi (D-Calif.) is giving Rep. John Dingell (D-Mich.) a full House vote Wednesday on a nettlesome Indian gaming bill he’s been pushing for years as a surefire way to help out his cash-strapped district.

Dingell and his allies tried — albeit unsuccessfully — to insert it into various legislative vehicles despite an onslaught of complaints from high-profile opponents and others, such as convicted lobbyist Jack Abramoff, who were stalwartly against congressional intervention in the issue.

Sen. John McCain (R-Ariz.), then the chairman of the Senate Indian Affairs panel investigating Abramoff’s Indian gambling lobbying scandal, was infuriated by an effort to parachute the language into an early version of the 2005 highway bill. Rep. Don Young (R-Alaska), at Dingell’s urging, had placed the language deep within the massive transportation measure as early as 2003.

Rep. Richard Pombo (R-Calif.), the House Natural Resources chairman, also objected. Both he, and especially McCain, were incensed that Dingell and Young were bypassing their committees of jurisdiction, as well as what they regarded as the normal Department of the Interior approval of Indian issues involving casino interests.

In fact, to make the Indian land settlement claim language even less noticeable, Young and Dingell collaborated on language that would make it appear transportation-related.

According to draft language offered by Dingell, the provisions would appropriate $100,000 for two traffic studies to be conducted in Port Huron and Romulus, Mich., in connection with “economic development” that may result from the resolution of two tribes’ land-settlement claims. Language embedded in the provision approved them and directed the secretary of the Interior to take the land into trust.

Critics, including powerful Detroit Democratic Reps. John Conyers Jr. and Carolyn Kilpatrick, sniffed out the language, and drove their point home by arguing that the deals the bills cut for the Bay Mills and Sault Ste. Marie tribes would side step the careful federal consideration that is usually required and set a dangerous Congressional precedent for other tribes around the country. Conyers and Kilpatrick are concerned that the new nearby casinos would draw customers and revenue away from Detroit while generating no tax revenue for the state because Indian gaming operations aren’t taxed.

Casino developers negotiated with the tribes and lawmakers, and the cities of Romulus, in Dingell’s district, and Port Huron, in Rep. Candice Miller’s (R-Mich.), which were selected because they were close enough to Detroit to attract tourists and visitors.

The lawmakers welcomed the economic lift the gaming business would bring to the sagging rust-belt economies of their districts and went to work to get congressional approval. That was nearly a decade ago.

Pombo was the first to object publicly, and McCain stepped in when he heard a return to the earlier shenanigans could take place during the closed-door conference on the 2005 transportation bill.

“I have been informed that other conferees may seek to include in the conference report a provision relating to Indian gaming in Michigan,” McCain wrote in a 2005 letter to Sen. James Inhofe (R-Okla.), chairman of the Committee on Environment and Public Works, which was overseeing the highway bill. “I have been informed that other conferees may seek to include in the conference report a provision relating to Indian gaming in Michigan. Such inclusion would not only circumvent the normal administrative process by which Indian gaming operations are assessed, but also circumvent the regular legislative process for considering exceptions to this process.”

“I appreciate your assistance in keeping such a non-germane issue out of the highway bill,” he continued.

Even though it’s three years later and Democrats now control the majorities in both chambers of Congress, Young — now the ranking member of the Natural Resources Committee — and Dingell are continuing to work together to push the measure over a final finish line. Mike Malik, a casino developer, recently hired Rick Alcalde, one of Young’s “A-List” lobbyists whom interns were told to put through to aides whenever he called, according to a memo crafted by interns.

Even if it passes, however, Senate Majority Leader Harry Reid (D-Nev.), whose district is home to MGM and other Vegas money, strongly opposes the measure and could prevent it from ever making it to the floor.

MGM owns the largest casino in Detroit and its lobbying against the legislation has been fierce.

The Sault Ste. Marie tribe owns six casinos, one of which — Greektown — pulled in more than $341 million in 2007. The Bay Mills tribe also owns a casino, but it pulls in far less than the Sault Ste. Marie.

Earlier this week, House Natural Resources Chairman Nick Rahall (D-W.Va.) and Young, its ranking member, sent out a “Dear Colleague” letter promoting the measure and trying to poke holes in their critics’ arguments. Two governors specifically chose these sites to settle tribal claims that are more than a hundred years old, they wrote, and both Michigan senators also support it.

It’s difficult to figure out whether Pelosi’s allowance of a more transparent vote on the House floor will make a difference in whether the legislation passes. Both sides are whipping hard, although Pelosi and the rest of the Democratic leaders are staying out of the hunt. The leadership also offered Conyers an amendment, which he could fashion as a poison bill to the underlying bill.

The issue is even dividing the usually solid Congressional Black Caucus (CBC). Twenty-two CBC members had signed a previous letter Conyers had circulated opposing the legislation, while 11 members lent their names to a Dingell letter supporting it.

“We didn’t want there to be a perception that the CBC was of one mind on this,” said one Democratic aide.

Rep. John Conyers: No special deals for tribal casinos

6.24.08

No special deals for tribal casinos

I would like to add a few points concerning the upcoming vote in Congress on legalizing off-reservation casinos in Romulus and Port Huron ("Legislators, tribes divided over casinos; At issue: Romulus, Port Huron sites," June 22):

The validity of the land claims the bills purport to "settle" is questionable. The Bay Mills Indian Community filed its claim in federal and Michigan courts, and lost in both. The Sault Ste. Marie tribe has never bothered to pursue the established legal paths available for settling such claims.

The settlements are for land hundreds of miles from the tribes' reservations. Under the established procedures for considering permitting a tribe to build an off-reservation casino, distance from the reservation is a major factor weighing against approval, because the detriment to the tribe is more likely to outweigh any benefits.

Other important factors under the established procedure are the potential environmental problems and the potential detrimental effects on the surrounding community. The deals the bills cut for the Bay Mills and Sault Ste. Marie tribes would circumvent every part of the careful consideration that is usually required.

In 1993, the two tribes signed a compact with other Michigan tribes in which the signatories agreed to share revenues from any off-reservation gaming facility. The bills pending in Congress allow Bay Mills and Sault Ste. Marie to sidestep that compact.

Michigan voters approved a referendum in 2004 to limit the spread of casinos in their state. These bills would legalize new casinos in defiance of the express wishes of Michigan voters.

Opposition to the bills extends far beyond Detroit's local elected officials and its congressional representatives. It includes more than 60 Indian tribes in Michigan and across the country, all of whom have their own interest in being able to build casinos on their own lands, but who are unified in their opposition to this effort to circumvent the law and the free-for-all it could unleash.

The bills are also opposed by the NAACP, which is concerned that both these bills raise serious questions regarding procedural fairness, due process and respect for the role of states and local governments, as well the voters in our country.

The House Judiciary Committee, which shares jurisdiction over these bills with the Natural Resources Committee, voted unanimously to oppose them.

I believe that by passing the bills favoring the narrow interests of the Bay Mills and Sault Ste. Marie tribes and their private-sector allies, Congress would set a dangerous precedent for sidestepping the established review process for land claims and create a shortcut for the opening of casinos in any corner of the country. The tribes should be allowed to pursue their claims through the normal procedures, including approval by Michigan voters, but not by special deals in Lansing and Washington.

John Conyers Jr.
Chairman
U.S. House Judiciary Committee
Detroit

Find this article at: http://www.freep.com/apps/pbcs.dll/article?AID=/20080624/OPINION04/806240331

UAW other labor organizations back off-reservation casino scheme

A press release distributed 6.20.08 by the Sault Ste. Marie Tribe of Chippewa Indians reads:

In a letter sent today to members of the U.S. House, the UAW said it "strongly supports" H.R. 4115 and H.R. 2176 because the legislation would create jobs, keep gaming revenues in the United States, and provide a much needed economic boost to the communities where the new casinos would open. The UAW also noted that the bills are consistent with state law in Michigan and with past land claim settlements approved by Congress for other tribes.

"For all of the foregoing reasons, the UAW strongly supports H.R. 2176 and H.R. 4115," the union said in its letter. "We urge you to vote for these bills when they are considered by the House and to oppose any weakening amendments."

H.R. 2176
H.R. 4115

Funny business in D.C. lobbying reports by those backing Port Huron off-reservation casino scheme

With the funny business in lobbying reporting by individuals including former House Natural Resources Committee Aide Thomas "Tom" Brierton (he worked under former Rep. Richard Pombo, Rep. Don Young and others); are those behind Michael J. Malik, Sr.'s suspect Charlotte Beach Indian land claims and scheme for an off-reservation casino in Port Huron, Michigan, pushing hard for a floor vote in the House before the 2nd quarter lobbying disclosure reports are due?

Lobbyist for off-reservation casino scheme finally discloses former affiliation with House Natural Resources Committee

Tom Brierton, a one time senior aide to former Rep. Richard Pombo, Rep. Don Young and others has been lobbying in support of H.R. 2176, a bill that would allow a Detroit casino syndicator Michael J. Malik, Sr., to finally build an off-reservation casino in Port Huron, Michigan.

While Brierton had been lobbying for Malik since at least the beginning of February, he didn't report he had been retained by Malik's MJM Enterprises (Blue Water Resorts) until 6.13.08. In that disclosure document, Brierton failed to disclose he was at one time a senior staffer to the House Natural Resources Committee. Back in February, the Natural Resources Committee voted in favor of H.R. 2176.

Brierton only filed lobbying disclosures after TVT reported rumors on 6.11.08 that Brierton, a one-time aide to former Rep. Pombo and Rep. Don Young, had been lobbying hard in the House of Representatives for support of H.R. 2176.

However, in quarterly reports required of Capitol Hill lobbyists and filed by Brierton on 6.17.08, Brierton indicates that he was previously a senior policy advisor to the House Resources Committee. First Quarter Lobbying reports were due in April; but Brierton didn't file until June.

Brierton's disclosures come four months after his former colleagues voted in support of H.R. 2176 -- at least four and a half months after he started lobbying House offices in favor of H.R. 2176.

Congress to vote on Michigan land claim scheme; DOJ likely to investigate

6.19.08

Conyers, Dingell gaming dispute to be settled on House floor

By Susan Crabtree

House Democratic leaders have brokered a deal to bring to the floor next week a contentious Indian gaming bill that has pitted two powerful Democratic committee chairmen against one another.

For months, Judiciary Committee Chairman John Conyers Jr. (D-Mich.) and Energy and Commerce Committee Chairman John Dingell (D-Mich.) have been clashing over two bills that would settle tribal land disputes and allow two new Indian casinos to be built near Detroit. Next week, they will settle their differences on the House floor.

The deal would allow the two tribal land dispute bills that Dingell supports to be voted on on the floor, but would also give Conyers an amendment, according to sources tracking the measures. The amendment apparently would direct the Department of Justice (DoJ) and possibly the Department of the Interior to review the land claims — a difficult and likely unsuccessful process Dingell and other supporters have attempted to avoid by seeking congressional approval of the legislation.

House Speaker Nancy Pelosi (D-Calif.) and other Democratic leaders are in a politically difficult spot.

They have decided to allot precious floor time for measures that will pave the way for Indian casinos during the first election year after the fall of Jack Abramoff, whose lobbying practices involving tribes and gambling helped propel Democrats into power in 2006.

Opponents of the new casinos, including a diverse bipartisan group headed by Conyers, as well as Rep. Carolyn Kilpatrick (D-Mich.), believe the land claims are illegitimate and will not survive a review by those federal agencies.

Conyers, who opposes gambling on principle, also worries that the new casinos will undermine existing gambling operations that are a major source of tax revenue for cash-strapped Detroit. He and Kilpatrick, the chairwoman of the Congressional Black Caucus (CBC), represent Detroit, but are enlisting the help of other gambling opponents such as Rep. Mike Rogers (R-Mich.). They are making the case that the land claims will set a dangerous precedent for Indian tribes and casino interests across the country.

Dozens of lobbying groups on both sides of the issue are pouring money and resources into a final push to persuade lawmakers on the issue.

In April, a casino developer behind the push to settle the land claims through an act of Congress hired Rick Alcalde, a lobbyist implicated in the uproar over a disputed $10 million earmark sponsored by Rep. Don Young (R-Alaska) for an interchange at Coconut Road along Interstate 75 in Florida.

MJM Enterprises, a company owned by Mike Malik, a casino developer who wants the land disputes settled so he can build a casino in Port Huron, Mich., hired Alcalde in the middle of a public call for a DoJ investigation into the Coconut Road earmark that was taking place in the Senate, lobbying records show.

Alcalde is one of Young’s group of “A-list” lobbyists, on which The Hill reported in Thursday’s issue.

On the other side of the issue, MGM, a major casino presence in Las Vegas, is furiously lobbying against the passage of the two settlement claims because it wants to protect a Detroit casino it built just a few years ago.

The Port Huron casino would help boost the economy in that area, and its congresswoman, Rep. Candice Miller (R-Mich.), has spent years trying to resolve the land dispute claim so her district can have a casino and compete with a Canadian gambling operation located right across the border. Miller and Dingell, whose district would also get a casino out of the deal in the town of Romulus, argue that denying their areas the economic boon the gaming establishments would provide is unfair and motivated by greed.

Conyers, along with Rogers, sent a letter to colleagues Thursday, urging them to reject what they regard as an unprecedented expansion of “off-reservation” Indian gambling. The tribes want the rights to land some 350 miles from their reservations so they can open the casinos in locations where they’re likely to attract more customers, along the border and near Detroit.

Fifty-three House members signed Conyers’s letter, including 22 members of the CBC and 16 Republicans.

“The tribes’ effort to bypass the regular application process is particularly audacious considering the level of opposition these casino proposals face,” Conyers argued. “The Department of the Interior, the Judiciary Committee and the voters of the state of Michigan have all strongly rejected efforts to sidestep the established approval process.”

The letter also stressed that the bills would change the way casinos are approved by allowing Congress to wade into a land dispute that the Department of the Interior routinely determines.

Dingell, a 27-term veteran of the House and its longest-serving member, has joined forces with Natural Resources panel Chairman Nick Rahall (D-W.Va.) and Young, the panel’s ranking member, along with a bipartisan group of Michigan lawmakers, to push for the bills.

Rahall’s committee approved the measures by a wide margin earlier this year, but Conyers followed with a lopsided vote against them in the Judiciary Committee arguing against Congress’s intervention in the matter. Conyers used that Judiciary Committee stamp of disapproval to convince Democratic leaders to give him an amendment, and he hopes it helps stir opposition once it reaches the House floor for a full vote.

Miller also has sent out “Dear Colleague” letters to members.

The land settlement claims, she said, were hashed out by former Michigan Gov. John Engler (R) and approved by the current governor, Jennifer Granholm (D). The newest deal, which Granholm signed off on, would increase the state’s share of gaming revenues by as much as $30 million a year.

She said both Democratic senators from Michigan, Carl Levin and Debbie Stabenow, support the legislation, although she did not mention that Majority Leader Harry Reid (D-Nev.), who represents gambling-rich Las Vegas, opposes it.

“This is purely greed,” she said of her opponents’ motivation. “It’s not based on any real anti-gambling philosophy. They’re just trying to protect MGM’s interests.”

Congressional Testimony Notes Transfer of Charlotte Beach Property to Michael Malik

The following was submitted as part of Congressional Testimony presented by Fred Cantu, Chief of the Saginaw Chippewa Indians:

"What makes this scam even more interesting is the fact that when Mr. Hadley passed away his estate deeded the Charlotte Beach property to a Mr. Michael J. Malik and his gaming business partner. This raises the question of whether Mr. Malik had an interest in the land deal from the get go -- and if so – did he try to disguise his ownership in the land deal? This also begs the question that was raised by the Sault Tribe -- whether this collusive lawsuit was a scam -- a set-up in order to make this land claim seem legitimate. As stated by the Sault Tribe, Mr. Hadley was clearly not an aggrieved landowner – he was a willing and active participant in this scam. That is why today we are asking the United States Department of Interior to investigate this matter and request this Committee refrain from taking any action until such investigation is completed.

"I would like to enter into the record the deeds that show that Mr. Malik received these lands from the Hadley estate.

"Today, Mr. Malik is the lead developer with the Bay Mills Tribe to build a casino in Port Huron. If this land claim was so legitimate, why does it appear that Bay Mills and their developer colluded to hide their identity in these transactions? We believe the answer is clear. They did not want anyone to know this was a scam from the outset"...

"Tremendous obstacles still remain" for Michigan off-reservation casinos

2.13.08

House committee approves bills to advance Indian casinos

By KEN THOMAS
The Associated Press

WASHINGTON (AP) — A House committee approved legislation Wednesday that would advance two proposed Indian casinos in Romulus and Port Huron, seeking to end a century-old land dispute for the Michigan tribes.

The House Natural Resources Committee approved the bills to provide land for the two new casinos in exchange for the settling of 110 acres of land claims around Charlotte Beach in the Upper Peninsula.

Some lawmakers from Michigan and Nevada have criticized the plan, saying it amounted to a backdoor attempt by two tribes to gain land hundreds of miles from their reservation to build casinos outside of the normal process prescribed by federal gaming laws.

Rep. Dean Heller, R-Nev., an opponent, said it amounted to "egregious reservation-shopping."

The Sault Ste. Marie Tribe of Chippewa Indians and the Bay Mills Indian Community reached agreements in 2002 with the state to take land in Romulus and Port Huron, respectively, and build off-reservation casinos. The deal needs congressional approval.

The measure dealing with the Bay Mills tribe was approved 21-5 by the committee. The bill concerning the Sault Ste. Marie Tribe was passed on a 22-5 vote. The bills have been pushed by Democrats John Dingell of Dearborn and Bart Stupak of Menominee and Republican Candice Miller of Macomb County's Harrison Township.

Supporters said Congress was the only place where the tribes could resolve the dispute, which dates back to 1855, and the casinos would create jobs and economic development at a time when Michigan's economy is sputtering. They noted that both Republican Gov. John Engler and Democratic Gov. Jennifer Granholm approved of the plan, along with local communities.

"We do only have one governor elected statewide. And two of those governors in succession ... have decided this is the right thing to do," said Rep. Dale Kildee, a Flint Democrat who sits on the committee.

Aaron Payment, chairman of the Sault Ste. Marie Tribe, called the vote a "victory for Wayne County and every citizen there who is in need of a good job." He said it would lead to 3,000 jobs and more than $300 million in investments in southeast Michigan.

Previous attempts to approve the measures have failed and the proposals face an uncertain future because of opposition from Senate Majority Leader Harry Reid, D-Nev.

Drew Hammill, a spokesman for House Speaker Nancy Pelosi, D-Calif., said the leadership's consultation with Committee Chairman Nick Rahall, D-W.Va., "will continue in the normal process of determining the legislative schedule ahead."

Miller, who sponsored the Port Huron legislation, said that "tremendous obstacles still remain" but she was hopeful that the bill would get a fair hearing in the House.

The Interior Department has opposed the legislation because it would prevent proper consultation with local and state governments and neighboring tribes that might be affected by the land deal.

Heller sought to change the bills to remove references to gambling and to require further consultation with the Interior Department. But the amendments were rejected by wide margins.