It's Carcieri not Malik that poses Bigger Problems for the Shinnecock Nation

The Indian Gaming Regulatory Act (IGRA) only allows for gaming on Indian lands held in trust by the U.S. Secretary of Interior. The Shinnecock Indian Nation currently has no land in trust with the Secretary. The lands designated as the Shinnecock Indian Nation reservation on Long Island near Southampton, New York, are not held in trust with the Secretary of Interior. Today, the Shinnecock Nation has no land eligible for Indian Gaming under IGRA -- not even the land designated as the Nation's Long Island reservation.

This presents big, perhaps insurmountable hurdles for the Shinnecock Nation and its Detroit casino backers.

That the Shinnecock Nation would be eligible to have land taken into trust for the purpose of developing a casino, or for any other purpose, appears unlikely at this time.

It was revealed this week that developers behind the Shinnecock Indian Nation's casino schemes had planned to introduce "Mandatory Acquisition" legislation in Congress next year. This suggests tribal leaders and their casino partners now realize they have bigger problems relative to the U.S. Supreme Court's Carcieri decision.  And in fact, it appears Shinnecock leaders have abandoned the attempt by other tribes to advance a so-called Carcieri Fix in Congress.

SCOTUS: Carcieri v. Salazar

In Carcieri, the U.S. Supreme Court said that the Secretary can’t take land into trust for tribes that weren’t “under federal jurisdiction as of 1934.” This has been read to mean that only tribes recognized in 1934 can have land taken into trust. This doesn’t necessarily mean that a tribe has to be on the list of recognized tribes in 1934, but must at least have had a relationship with the federal government as a tribal entity as of 1934.

The Shinnecock Nation's Carcieri problems are made worse by Interior Department acknowledgments published in 2010.

Interior, in granting federal recognition to the Shinnecock in 2010, made several findings that pose Carcieri problems for the Shinnecock. Most relevant, the Interior Department found that it never had a pre-existing relationship with the Shinnecock prior to their recent federal acknowledgment. The Final Determination for Federal Recognition of the Tribe published 6.18.2010 states:

The Department “finds that evidence in the record does not show that the Federal Government established, by its actions, a relationship between the United States and the petitioner [Shinnecock Tribe] as an Indian tribe at any time… .” “…the Department was aware of the Shinnecock of Long Island and held internal discussions as to whether the Department should establish a Federal relationship with them, but the Department took no action to do so.” “The Federal Government explicitly rejected the opportunity to establish a relationship with the petitioner [Shinnecock], sometimes stating that the petitioner [Shinnecock] was the State of New York’s responsibility.”

Clearly the Interior Department found that it had no previous relationship with the Shinnecock Indians, and thought that they were New York’s responsibility. The Shinnecock viewed this as a problem and offered additional evidence to try and show a relationship but the Interior Department rejected that evidence as showing a previously existing relationship. Thus, the Shinnecock wouldn’t have been “under federal jurisdiction” in 1934. So, Carcieri restrictions apply to the Shinnecock Nation.

Under current federal law the Shinnecock are not eligible for federal trust land, thus unable to open an IGRA casino.

That the Shinnecock would be ineligible to have any lands taken into trust by the U.S. Secretary of Interior, for gaming purposes or otherwise, seems only likely if Congress enacts new legislation specifically allowing such -- that remains highly unlikely.

Throughout the last decade the casino syndicators behind the Shinnecock schemes attempted numerous times -- both forthright and sneaky -- to have Congress enact special legislation that would have allowed the Shinnecock or the casino syndicator's other tribal partners to establish casinos.

Despite spending hundreds of millions on lobbying and campaign contributions, the Detroit casino syndicators failed, repeatedly. The only winners were the lawyers, lobbyists and politicians who willingly took millions from the perennial cockeyed optimist who managed the syndicate -- and apparently the handful of tribal leaders on his payroll. The losers remain the naive tribes at-large and economically depressed communities that pin their hopes for the future on the anticipated riches of gaming hopelessly dangled before them, like a carrot to a hungry horse.

See also:

• To Bypass Carcieri and Other Off-Reservation Casino Hurdles, Detroiters Plan Introduction of "Mandatory Acquisition Legislation" in Congress
• Obama repeats support for 'Carcieri fix' on Indian land rights | The Providence Journal
• What They Won't Tell You: Insights on Gateway Casino Resorts, its Detroit Organizers and Their Plans for Shinnecock Casinos

Obama repeats support for 'Carcieri fix' on Indian land rights | The Providence Journal

Obama repeats support for 'Carcieri fix' on Indian land rights |The Providence Journal

12.02.2011

By John E. Mulligan, Washington bureau

WASHINGTON -- President Obama on Friday reiterated his support for legislation to undo a 2009 Supreme Court decision that deemed the Narragansett Indians ineligible to place a parcel of their land into a trust status that would exempt it from state and local laws and taxes.

"In the wake of the Carcieri decision, we've asked Congress to restore the secretary of Interior's authority to take land into trust for federally-recognized Indian tribes," Mr. Obama told the third annual White House Tribal Nations Conference. Indian rights advocates consider the decision a threat to the sovereignty of all tribes.

The so-called "Carcieri fix," broadly supported across Indian Country, is pending in Congress. Officials of a number of states oppose the measure.

Naive Ignorance: Genesee County Officials Made Agreements with the now-Former Bay Mills Leader, Reportedly the Same Day he was Voted From Office

Naive Ignorance:  One must wonder if the Genesee County officials mentioned in the article referenced in this post had even a clue that the Bay Mills Indians were holding an election this week and that now-former Tribal Chair Jeff Parker was facing a re-election challenge. That Genesee officials report making an agreement with Parker on the very day he was voted out of office hardly seems prudent.

Three words to remember for the future:  Homework & Due Diligence.

For a generation, Parker had tightly ruled the Bay Bills Indian Community.  Now there will be a new regime at the helm.  Did Genesse County officials even anticipate that?  Did they anticipate that any agreements with Parker might well be moot, simply unacceptable or even non-binding under the new regime?

It's understandable that local officials have little to no experience dealing with Indian tribes and Indian issues, but before they leap into discussions with or consider agreements with new leaders, they would be best served to survey their experienced counterparts representing communities in and out of Michigan and to also consult with lawyers and others with such expertise. Although they'll try -- their track record suggests so -- the tribal leaders and those behind the tribe's schemes are likely to refer expert lawyers and consultants for consideration by Township and County officials who would be wise to avoid any such referrals and instead seek out such expertise independently. Historically, the people behind the Bay Mills schemes have referred counsel and consultants sympathetic to their interests and those of their Indian partner.

Presently the Bay Mills owned land in Flint Township does not qualify as "Indian Lands." That is the opinion rendered by the State of Michigan, U.S. Department of Interior, National Indian Gaming Commission and District Court.  The only one who suggested otherwise is now the former Chair of the Bay Mills Indian Community.  The Flint Township property is not sovereign, nor held in trust, nor tax exempt; rather, it is subject to the same codes, regulations, laws, fees and taxes expected of others who own local property.  There is no need for special emergency services agreements or other arrangements at this time for negotiated fees in lieu of taxes.  And given the tribe's track record in Port Huron, it could be 20 years or more before anything like that is required or otherwise needed, so why agree to anything now?

Genesee County Road Commission agrees to road pact with Bay Mills Indian Community

11.03.2011

By Ron Fonger

FLINT TWP., Michigan -- No one is certain what will happen to undeveloped land owned by the Bay Mills Indian Community here, but the Genesee County Road Commission has agreed to partner with the tribe on future road improvements in the area.

The Road Commission on Tuesday approved an agreement with Bay Mills than could lead to special funding for roads in the area immediately surrounding the tribe's land at Dutcher and Lennon roads.

Road Commission Manager-Director John Daly said a representative of Bay Mills talked to county road officials last month, suggesting the "acknowledgement of public authority responsibility" agreement.

Tribal leaders had no new information about how the property will be developed and made no requests tied to future road needs... (Complete Story)

Congress Attempts to Rein In Scramble for Off-Reservation Casinos

excerpted from...
Corporate Counsel
9.09.2011

The Big Federal Gamble
Congress looks at bills on online poker and off-reservation casinos

By Andrew Ramonas

...According to the department, only five tribes have received authorization for off-reservation gambling since the 1988 enactment of the Indian Gaming Regulatory Act, which established federal regulations for tribal gambling operations.

Currently, tribes wishing to open a gambling facility in off-reservation lands obtained in trust after 1988 must secure support from Interior, and the governor of the state where the facility would be located. But bills offered this year by sens. Dianne Feinstein (D-Calif.) and John McCain (R-Ariz.) would place more restrictions on off-reservation gambling.

The Off-Reservation Land Acquisition Guidance Act, which McCain introduced in July, would codify off-reservation language in a George W. Bush-era memorandum rescinded by the Obama administration. The 2008 directive required American Indian communities to place any off-reservation gambling facility in a location that was within a "commutable distance from the reservation."

In July, McCain praised the jobs that have resulted from Indian casinos. "However, the process of taking land into trust, if left unchecked, can easily be exploited by non-native casino developers," he said...

Read Complete Article 

indianz.com: Casino Stalker August News Archive for CA, MI, NY

Casino Stalker @indianz.com

TVT relevant news archive
8.02.2011 – 9.02.2011

Echo Hawk issues casino decisions for three tribes in California

The Obama administration brought good news and bad news for three California tribes seeking to build casinos. Assistant Secretary Larry Echo Hawk approved land-into-trust applications for the Enterprise Rancheria and the North Fork Rancheria of Mono Indians. Both tribes are...

Opinion: Readers react to off-reservation gaming in Michigan

"Gov. Rick Snyder is opposed to the Little River Band of Ottawa Indians proposed casino in Fruitport Township in part because it's for non-tribal lands, which he said could open up uncontrolled expansion of gambling throughout the state. Not surprising,..

Michigan governor opposes Little River off-reservation casino

Michigan Gov. Rick Snyder (R) opposes an off-reservation casino for the Little River Band of Ottawa Indians. The tribe wants to build a casino in Fruitport Township. The site is about 80 miles from the reservation. “I appreciate the tough...

Chemehuevi Tribe revives off-reservation casino bid in Barstow

It looks like the Los Coyotes Band of Cahuilla and Cupeno Indians is getting some competition for an off-reservation casino in Barstow, California. The Chemehuevi Tribe is reviving plans for a casino in the city. Its original application, like the...

San Manuel chair to discuss Los Coyotes off-reservation casino

James Ramos, the chairman of the San Manuel Band of Mission Indians, plans to meet with leaders of the Los Coyotes Band of Cahuilla and Cupeno Indians to discuss off-reservation gaming. Ramos and his tribe oppose the casino. They say...

Editorial: Reject an off-reservation casino for Los Coyotes Band

"California voters never approved building tribal casinos at whatever site might get the most business. Tribes should confine gambling operations to reservations, not search for more lucrative locations. The governor and Legislature should reject a San Diego County tribe's proposal...

Opinion: Barstow jumps back into off-reservation casino game

"With the announcement last week that Interior is going to conduct public hearings on long-stalled casino development in Barstow, California, the City is once again a prominent player in the next round of gaming in Southern California. The latest development...

Parties due back in court over Bay Mills off-reservation casino

The Bay Mills Indian Community of Michigan will be back in court next Tuesday, August 9, in a lawsuit over its off-reservation casino. The state of Michigan and the Little Traverse Bay Bands of Odawa Indians are suing the Bay...

Los Coyotes Band not worried about off-reservation gaming bill

The Los Coyotes Band of Cahuilla and Cupeno Indians of California isn't worried about S.1424, a bill to restrict off-reservation gaming. The tribe is pursuing a casino in Barstow, more than 100 miles from the reservation. The bill, if enacted,...

BIA Approves 2, Denies 1 California Casino-Purposed Land-Into-Trust Applications

Echo Hawk issues casino decisions for three tribes in California

via indianz.com  

9.02.2011

...Assistant Secretary Larry Echo Hawk, U.S. Department of Interior, approved land-into-trust applications for the Enterprise (Fact Sheet) and the North Fork Rancheria of Mono Indians (Fact Sheet). Both tribes are seeking to build casinos on land that is currently not part of a reservation and approximately 36 miles from each tribe’s respective headquarters...

The Guidville Band also sought a casino away from an existing reservation. According to a fact sheet, the BIA determined that the tribe lacked a modern and historical connection to the site, which is about 108 miles from its headquarters.

“The Guidiville Band’s application did not satisfy many of the requirements to develop a gaming facility at that particular site," Echo Hawk said in a press release.

Also:

Casino for Marysville approved (The Sacramento Bee 9/2)
Casino/resort OK'ed for Yuba County (The Marysville/Yuba City Appeal-Democrat 9/2) 

Ilitch spin doctor doing damage control in Barstow

1.26.09

Los Coyotes still hoping for Barstow casino

By ABBY SEWELL, staff writer

BARSTOW • At least one Indian tribe is still actively pursuing a casino in Barstow, but they may have a long road ahead of them.

The Los Coyotes Band of Cahuilla and Cupeno tribe is still hopeful that the U.S. Department of the Interior will agree to put land in Barstow into federal trust to be used for a casino, said project spokesman Tom Shields, who works for developer BarWest, LLC. Placing the land in trust is a necessary step before the tribe, whose reservation is in San Diego County, can go forward with an off-reservation casino in Barstow.

The tribe submitted a revised application to put about 23 acres of land in Barstow into federal trust in May 2008, after being turned down in January 2008 due to new federal rules that state an off-reservation casino should be within commuting distance of the reservation. The next step in the process would be for the BIA to come out with a draft environmental impact statement, Shields said.

The interior department’s Bureau of Indian Affairs is currently reviewing the revised application, said spokeswoman Nedra Darling, but she could not give a timeline on when the review might be completed.

Shields said that because the Los Coyotes reservation is so remote and austere, and only about 40 out of the more than 300 tribe members live on-reservation, the commutability standard should not apply. The lack of electricity and roads in most of the reservation and the mountainous terrain make it unsuitable for development, he said.

“In (the BIA’s) minds, tribal members would have to live close enough to the casino for them to commute on a daily basis,” he said. “... We basically pointed out that there’s very few members of the tribe that live on the reservation. Probably more of them live closer to Barstow.”

BarWest currently owns the land on Lenwood Road east of Interstate 15 where the proposed casino would be built, but if the government approves the Los Coyotes’ application, the acreage would be handed to the federal government to be held in trust for the tribe for use as a gaming site.

The Los Coyotes were previously working in partnership with the Big Lagoon Rancheria tribe from Humboldt County, but decided to go it alone after last January’s rejection, while the Big Lagoon tribe elected to pursue a casino closer to home.

Shields said the Los Coyotes tribe remains “100 percent committed” to opening a casino in Barstow.

The Chemehuevi tribe, whose reservation is in Havasu Lake, had submitted an application for a separate casino project in Barstow, which was also rejected in January. The Chemehuevi have not resubmitted their application, and tribal Chairman Charles Wood said Friday that the tribe is waiting to see whether the commutability rules will change under the Obama administration before going forward with the project.

The city also remains hopeful that one of the casino projects will come through, but it is in the hands of the tribes to obtain state and federal approval, city spokesman John Rader said, although he noted that former Mayor Lawrence Dale sent a number of letters to the Department of the Interior in support of the Los Coyotes project in 2008.

Rader said the city sees a casino resort project as a means of jumpstarting the local economy, estimating that the development could create 3,700 jobs, revitalize the outlet malls and other local businesses, and bring about $6.5 million to the city in the first year through a revenue-sharing agreement. The city still has agreements with both the Los Coyotes and the Chemehuevi, both of which would allot 4.3 percent of the casinos’ electronic gaming revenues to the city.

On the state level, Indian casinos have not proved to be as lucrative as some had hoped. Tribal revenue-sharing payments to the state will total $362 million this year, but that is $123 million less than the Governor’s Office had forecasted, according to a recent report in the Sacramento Bee.

Contact the writer:
(760) 256-4123 or asewell@desertdispatch.com

Indianz.com: Little River Band hopeful for off-reservation casino

As posted on 1.23.09 at indianz.com:

Little River Band hopeful for off-reservation casino

The leader of the Little River Band of Ottawa Indians of Michigan is hopeful for approval of its off-reservation casino.

Ogema Larry Romanelli said the rejection of a land-into-trust case by the U.S. Supreme Court, is good news. The case, if accepted, could have affected tribes nationwide.

The Little River Band is seeking a casino in Muskegon, about 80 miles from the reservation. The tribe has purchased 223 acres for the project.

Get the Story:Leader eyeing Muskegon casino applauds ruling (The Muskegon Chronicle 1/23)

Slots No Jackpot for Californa; Schwarzenegger says off-reservation casinos not likely in his lifetime

1.20.09

Tribal Slots No Jackpot for California

By Peter Hecht

As California government verges on going broke, one long-promised elixir – Indian casino gambling – is proving to be not such a sure bet...

...But in recent years, some casino deals pushed by Schwarzenegger couldn't pass political muster.

The governor signed a creative, yet controversial deal to allow two poor, isolated tribes from San Diego and Humboldt counties to build side-by-side hotels and 2,000-slot casinos in Barstow in exchange for the state getting 16 percent to 25 percent of profits.

The deal failed in the Legislature amid vehement opposition from powerful Southern California tribes, calling the planned Barstow development – along Interstate 15 to Las Vegas – an egregious case of "reservation shopping."

The Barstow deal was encouraged by Schwarzenegger to settle a lawsuit from an Indian band seeking to build a casino on tribal lands bordering a pristine North Coast estuary and state parklands. The Barstow tribal partnership has since collapsed.

Virgil Moorehead, chairman of the 23-member Big Lagoon tribe, said he is returning to court to build a casino on its Humboldt County land. He said talks broke down with the governor on the tribe's request to build a temporary, 350-slot machine casino in exchange for the state finding an alternative, off-reservation site later.

"He nixed the idea," Moorehead said. "... He didn't think he could get land into trust for off-reservation gaming accomplished in his lifetime. So we're going back to court."... (Original Post)

Ilitch / Shinnecock Indian Nation casino update

7.27.08

Development
Inching Ahead on a Tribal Casino Agreement

By BRUCE LAMBERT
SOUTHAMPTON

CARRYING on a tradition of nearly four centuries of rocky relations, whites and native Indians here have been feuding in and out of court for the last few years over a proposed casino and a compensation claim for land the tribe says was stolen.

Now a glimmer of compromise has enticed leaders from both sides into talks that could result in Long Island’s first casino.

Some Suffolk County legislators have met with Shinnecock tribal trustees about finding an alternate site for a casino away from Indian lands in the Hamptons, where it has been proposed and which officials adamantly oppose.

Many hurdles remain, especially finding an acceptable location. But if that can be accomplished, Shinnecock leaders say they are eager to also resolve their land lawsuit.

“A global settlement would be very welcome,” Frederick C. Bess, chairman of the Shinnecock Indian Nation trustees, said in an interview. “We want to sit down and negotiate something amicable to all of us, a win-win. We’re always trying to be good neighbors. We have to live together on Long Island.”

The overtures have included a pro-casino presentation by tribal members to a county legislative committee and a tour of the reservation in late June by the Legislature’s presiding officer, William J. Lindsay, and its economic development chairman, Wayne R. Horsley, both Democrats.

“I’ve always been a proponent of gaming,” Mr. Lindsay said in an interview. “A facility on the East End is not the smartest thing, because the roads and infrastructure couldn’t support it and the communities are opposed. But Suffolk is a big place, with lots of arteries like the Long Island Expressway and Sunrise Highway and places where it might go, including downtowns that need revitalization.”

What sparked the new talks was progress in the Indians’ decades-long attempt to win federal recognition. They now predict winning recognition in a year or two.

That official status, along with state approvals that the tribe would seek, could legally entitle the Shinnecock to a casino on their reservation — or a site purchased elsewhere.

Anticipating that likelihood, officials like Mr. Lindsay say they want to work with the tribe to find the best location.

Proponents say a casino would generate thousands of jobs, tax revenue and an economic ripple totaling billions of dollars. Critics doubt whether any community would welcome a casino and dispute its local benefits.

The talks stem from two federal court cases involving a 2003 Shinnecock attempt to build a casino here and the tribe’s 2005 land claim. The Shinnecock lost the first legal rounds but appealed. Both cases are pending.

The tribe says it deserves compensation for its former territories and desperately needs a casino for self-sufficiency.

Many families on the reservation struggle financially. Their plight is underscored by the surrounding opulence of the modern Hamptons, with waterfront estates and summering celebrities and tycoons — on former Indian land. Some garages of the rich are bigger than the homes on the reservation.

The Shinnecock trace their roots back 10,000 years. They welcomed the first English arrivals here in 1640, but relations soured, and the Shinnecock were forced to sell land. Historians say dubious deals manipulated the tribe out of most of its territory.

“Everything was stacked against the Indians from the beginning,” said John A. Strong, a retired history professor at Long Island University.

Eventually the Indian presence here shrank to an 800-acre peninsula in Shinnecock Bay, the reservation where nearly half the 1,300 current members live.

“On one side of the street you have basic homes, and on the other side you have multimillion-dollar mansions,” Mr. Bess said.

While some Shinnecock have prospered as doctors or lawyers, many are unemployed or subsist on meager incomes.

“They really need jobs,” said John Robert Zellner, former cochairman of the Southampton Town anti-bias task force. “Some people are still living in houses with dirt floors and leaky roofs. There’s a lot of poverty.”

A few Indians profit by claiming a tribal exemption to sell untaxed cigarettes at small tobacco shops along Montauk Highway. State officials have threatened to crack down, and a grocery chain has sued to stop tax-free sales.

The tribe explored various ventures that never materialized: windmills, cellphone towers and a waste depot. They opened a shellfish hatchery that was wiped out by the brown tide and is now back in operation.

Inspired by lucrative Indian casinos around the country, the Shinnecock finally pushed to pursue one with a powerful ally: Gateway Casino Resorts in Detroit, whose principals include Marian Ilitch, owner of the MotorCity Casino. Her family’s enterprises include Little Caesars Pizza and the Detroit Tigers.

Southampton officials recoiled in 2003 when the Shinnecock cleared some trees and had a casino groundbreaking at Westwoods, a 79-acre Indian property west of the reservation. The town spent $3 million fighting in United States District Court to block the project, saying it would be disastrous for traffic, the environment and development.

Upping the ante in 2005, the tribe went to federal court seeking compensation from the state and others for nearly 3,000 acres taken in 1859. The land now includes Stony Brook University’s Southampton campus, Shinnecock Hills Golf Club, the National Golf Links of America and the Shinnecock Hills community.

Eventually one judge rejected the land claim, and another ruled that Westwoods was not part of the original reservation and thus the tribe had no immunity from local zoning laws. The tribe appealed both rulings, and the suits are awaiting appellate decisions on upstate Oneida Indian cases.

One consolation in the disputes was Judge Thomas C. Platt’s finding that the Shinnecock are a valid tribe, but the Bureau of Indian Affairs did not take that as binding. But in May the federal government said it might expedite its decision on tribal status.

In the search for an alternate casino location, the Suffolk legislators have declined to specify potential sites. Southampton’s new town supervisor, Linda A. Kabot, remains opposed to a casino here but suggested two possibilities, Calverton or Yaphank. If the casino were in the town, she said it should be in the west, around Gabreski Airport.

Several people in the dispute have described the Westwoods groundbreaking and the land claim as leverage to get a casino elsewhere. The tribe’s chairman, Mr. Bess, said: “We would negotiate for a better site somewhere else on Long Island — the closer to New York City the better. That’s where the population is.”

One Hamptons casino opponent, Marion Boden, former president of a local civic group, said that she sympathized with the search for another site and sensed that the backlash has moderated. “A collaborative effort would be a dream,” she said.

But “not-in-my-backyard” resistance will be a formidable obstacle, said Assemblyman Fred W. Thiele Jr., a Republican whose district includes the reservation. “If we’re not the Nimby capital of the world, we’re in the top five,” he said.

Also voicing doubts, County Executive Steve Levy, a Democrat, said, “It would be a hard sell for me to say a casino is the best way to go.” He disputed whether casinos benefit communities.

Mr. Bess is firm about the benefits to the tribe. “We just have to survive,” he said. “We’re fighting to preserve our culture.”

BIA issues rule limiting casino sites to within 25-miles of Reservations

7.19.08

BIA limits casino sites

SANTA FE — The U.S. Bureau of Indian Affairs has published a rule that says casinos should be located within 25 miles of a reservation headquarters.

But the rule has exceptions. Tribes may seek reservation status and permission to operate casinos on newly acquired land away from a reservation if tribes can show that a significant number of tribal members live nearby, can demonstrate a current connection to the property or if other tribal government facilities have been located on the land for at least two years before an application is filed for new reservation land. (Complete Story)

Note: This is yet another indiciation that at least two of three off-reservation casino schemes being financed and pushed by Detroit casino syndicators Marian Ilitch and Michael Malik are dead -- (1) BarWest Casino Resort proposed for Barstow, CA, with the Los Coyotes Band of Indians; and (2) MJM Enterprises/Blue Water Casino Resort proposed for Port Huron, MI, with the Bay Mills Indian Community.

The Barstow project has been previously denied by Governor Arnold Schwarzenegger and then by the California Legislature as well as the BIA; the Port Huron project was rejected by vote of the U.S. House of Representatives in June. A third casino proposal backed by the Detroit duo is contingent upon federal recognition of the Shinnecock Indian Nation located on Long Island, NY.

Port Huron casino may be a windfall for a few but taxpayers will end up footing the bill

2.10.08

Letter-to-the-editor

Casino is latest self-serving project to be pushed on area

I have lived in this area for 25 years, and I have seen one misguided, self-serving project after another promoted in the guise of helping the local economy or improving the quality of life. All which yielded the same result: a windfall for relatively few private interests. Meanwhile, the city and the majority of the residents are left to foot the bill for the cost overruns, the cost of infrastructure improvements and still are left with - for the most part - totally inadequate facilities and limited, at best, economic impact.

Now the latest "savior" of Port Huron is the casino. No matter where it's built, it will make the landowners, contractors (with connections) and very few others a lot of money and leave the rest of us fighting for a few low-paying service jobs. The following is an excerpt from an economic study on the Wayland Casino near Grand Rapids prepared by the Anderson Economic Group:

"The casino will result in the creation of between 46 and 56 tourism-related jobs. We consider tourism-related jobs to be those jobs created through the expenditure from out-of-state visitors. This results in a minor overall effect on the economy.

"To support one job, it requires more expenditure at a casino than at the average noncasino establishment. This is because a large portion of the casino expenditure is directed (1) out of state, and (2) to uses that have a lesser spin-off effect on the economy."

So here we go again. The citizens of Port Huron have been sold another bill of goods by the "good ole boys," and I anticipate reading in TalkBack for years to come, comments such as, "Lied to again," and "Where's the casino money?"

BOB MORRISON

Note: While the operators of Detroit commercial casinos are required to pay the City of Detroit 11.9% of net gaming revenues; those bankrolling the Port Huron off-reservation casino scheme have negotiated with Governor Jennifer Granholm to pay the City of Port Huron just 2% of net gaming revenues. By comparrison, this could leave tens of millions of dollars a year on the table that otherwise would go to the City of Port Huron -- further, the surrounding cities, townships and counties get nothing but will certainly feel the negative impacts.

Indianz.com: Michigan governor backs off-reservation casino

As posted 1.24.08 at Indianz.com:

Michigan governor backs off-reservation casino

Michigan Gov. Jennifer Granholm (D) is backing legislation to authorize an off-reservation casino for the Bay Mills Indian Community.

Granholm wrote a letter to Rep. Nick Rahall (D-West Virginia), the chairman of the House Natural Resources Committee, and Rep. Don Young (R-Alaska), the ranking member. She urged both lawmakers to support H.R.2176, which would settle the tribe's land claim in exchange for the casino.

Under the bill, the tribe would get 15 acres in Port Huron. The site is more than 300 miles from the tribe's land claim area at Charlotte's Beach.

The House committee is due to hear the bill on February 6.

Get the Story:Gambling on Port Huron (The Port Huron Times Herald 1/24)

Chemehuevi tribe looking at options

1.14.08

Barstow and Chemehuevi officials unhappy with casino rejection.

By David Bell

The Interior Department has said no to a second Chemehuevi casino in Barstow, Calif., but city and tribal leaders are saying the fight isn't over. Barstow officials say they will not allow the issue of off-reservations casinos to die.

In letters dated Jan. 4, Assistant Secretary for Indian Affairs Carl Artman notified the Chemehuevi, Big Lagoon Rancheria and Los Coyotes Band of Cahuilla and Cupeno Indian tribes that the tribes' fee-to-trust applications for land in Barstow was rejected.

And because the land would not then be considered part of the reservation, it could not qualify as a site for a casino under the Indian Gaming Regulatory Act.

Ron Rector, acting City Manager and Director of Economic Development and Redevelopment for the city, said Barstow is reviewing its options and a response will be forthcoming.

"We believe the decision by the (Interior Department) Secretary was just to set a policy," Rector said. "It's a slap in the face of us and the governor."

"We worked with all three tribes for over five years, followed all rules established by Congress and did it all in good faith," Rector said. "We're very disappointed in the Secretary's decision."

But Barstow residents may not share that feeling. Online reader's comments to the Barstow Desert Dispatch story on the Interior Department decision are negative on the issue of Native American casinos.

"This is good news to all Barstonians," wrote the poster identified as "Yipee," while "John" wrote "Barstow doesn't need a casino the council should concentrate on trying to get businesses that are worthwhile Revitalize main street its looking like a ghost town."

Rector said the two casino proposals, the Big Lagoons and Los Coyotes, were partnering on a 40-acre casino project. This would have provided the economic boost the Web poster is looking for.

"The initial investment was about $175 million with 2,000 jobs and $50 million in payroll," Rector said. "There would be indirect expenditures of well over $30 million, and our agreement had us (the city) receiving 4.3 percent of gaming revenue for Class-3 slot machines. We anticipated that at $7 million to $10 million per year."

Chemehuevi Chairman Charles Wood previously said the tribe was looking at options the tribe could take to keep the casino project moving forward.

"Those options include responding with comments to the concerns in the letter, the appeals process and resubmission. Others (tribes) are threatening to sue. I'm not saying we would, but I would hope it wouldn’t come to that," Wood said.

Wood also said the Interior Department failed to recognize the Chemehuevis claim of ancestral ties to the area, the major factor in placing land in trust for a tribe.

"Right now we're in discussions on what will be the right course of action," Rector said. "There will be action taken by the City of Barstow."

In 2003, the Chemehuevi and Los Coyotes tribes approached the Barstow City Council about establishing off-reservation casinos. The city entered into a municipal-services agreement with the Los Coyotes in 2004 that, in 2005, announced plans to partner with the Big Lagoon tribe. Later that same year, Gov. Arnold Schwarzenegger announced approval of a gaming compact between the state and the Los Coyotes and Big Lagoons.

Meanwhile in 2005 the Chemehuevi tribe negotiated a municipal-service agreement with the City of Barstow.

On Feb. 16, 2006 the Chemehuevi tribe submitted the application to acquire in trust a 40-acre parcel of Barstow land and one month later the Big Lagoon tribe and Los Coyotes submitted an application.

Last year Schwarzenegger and the Los Coyotes and Big Lagoons agreed to allow the gaming compact to expire, as it had yet to obtain passage by the state legislature.

You may contact the reporter at dbell@havasunews.com.

Allegations that Mayor Dale's letter contributed to Interior's rejection of casino proposals

In a post at the Desert Dispatch, allegations have been made suggesting that an unauthorized letter Barstow's Mayor Lawrence Dale sent to an Interior Department official blasting the Chemehuevi Indian Tribe was one of the contributing factors that resulted in rejection letters sent last week by an official at the Department of Interior to three tribes who had sought to take land in trust in Barstow for the purposes of developing casino resorts.

Dale wrote a letter on Aug. 20 to Clay Gregory, director of the Bureau of Indian Affairs’ Sacramento office, accusing the tribe of providing "misinformation" to the bureau and "continued meddling in the City’s affairs." Dale wrote his letter in response to an Aug. 8 letter the Chemehuevi tribe submitted to the federal government regarding the proposal of the Los Coyotes/Big Lagoon tribes to build a casino in Barstow. In that letter, the Chemehuevi accused the two other tribes of lacking ancestral ties to the area and of "reservation shopping."

Gaming Compacts held by two of the tribes backed by Mayor Dale were rejected by the California legislature last Fall and have since expired. With this latest rejection, it seems relatively certain that Mayor Lawrence Dale has failed in his 7-year bid to bring casino gambling to Barstow -- this scheme has been the cornerstone of Dale's plan for Barstow's economic recovery.

Myers posts letter rejecting Los Coyotes tribe's Barstow casino proposal

From a post made 1.07.08 by John Myers of KQED's Capitol Notes:

Another big blow was struck late last week against the embattled plan for tribal gambling in the desert city of Barstow, as federal officials rejected the land applications of two out-of-the area tribes.

On Friday, the U.S. Department of the Interior rejected requests from both the Los Coyotes Band of Cahuilla and Cupeno Indians and the Big Lagoon Rancheria to open side by side casinos in Barstow.

The casino plans are contingent on the land being taken into trust by the federal government as Indian land. But in a letter from assistant secretary for Indian affairs Carl Artman, each tribe's proposal was rejected on the grounds that a casino far away from the actual Indian reservation would have a negative impact on the community back home... (Full Post)

Myers has also posted a copy of the letter the Los Coyotes Band of Cahuilla and Cupeno Indians received from the Department of Interior rejecting the casino resort the tribe had proposed for Barstow in partnersip with Detroit-based casino syndicator BarWest LLC.

FLASH: Interior rejects BarWest/Los Coyotes bid to take land in Barstow into trust for casino development

A press release issued by BarWest LLC and the Los Coyotes Band of Cahuilla and Cupeno Indians via PR NewsWire 01.07.08 reveals:

"The Los Coyotes Band of Cahuilla and Cupeno Indians was shocked when it received a letter from the Department of the Interior (DOI) on Friday, January 4, stating that DOI had completed its evaluation and was rejecting the Tribe's application to takeland into trust in Barstow even though DOI failed to allow the completion of necessary studies..."

The BarWest release goes on to report:

"In dismissing the Los Coyotes application, Interior asserted that the Tribe should build a gaming facility on or near the Los Coyotes reservation..."

The release concludes with:

"The DOI press release and the letter to the Los Coyotes can be viewed at the news room at the barstowcasinosandresort.com."

However, as of this post there is no "news room" on that Web site which was developed and is maintained by BarWest's PR consultant Tom Shields of Marketing Resource Group (Lansing, Michigan).

Press Release: http://www.reuters.com/article/pressRelease/idUS137756+07-Jan-2008+PRN20080107

Interior Secretary Kempthorne denies casinos; proposed sites too far from reservations

1.05.08

Interior Secretary Rejects Catskill Casino Plans

By ANAHAD O’CONNOR

The federal government rejected plans for two casinos in the Catskill Mountains on Friday, saying that the reservations of the two tribes that submitted the plans were too far from where the casinos would be built.

The decision was a major setback in the 30-year effort to bring gambling to Sullivan County, which proponents hoped would breathe new life into the area’s depressed economy.

One of the proposed casinos, at Monticello Raceway, received the support of Gov. Eliot Spitzer and was expected to attract six million visitors a year, generate 3,000 jobs and provide New York State with an estimated $100 million a year. But the plans faced intense opposition from the Natural Resources Defense Council and other environmental groups, and required the final approval of Interior Secretary Dirk Kempthorne.

On Friday, Mr. Kempthorne sent a letter to the St. Regis Mohawk tribe saying that the proposed casino in Monticello was too far from its Akwesasne Reservation, which is about 300 miles away, near Massena, on the Canadian border. He also sent a nearly identical letter to the Stockbridge-Munsee tribe, which is based in Wisconsin and had planned to build a large casino in the town of Thompson, not far from Monticello.

Mr. Kempthorne, who has long opposed Indian casinos on nonreservation land, said in his letters that the casinos would be too far away to offer jobs to tribal residents and that forcing residents to relocate would hurt the reservations.

“The departure of a significant number of reservation residents and their families could have serious and far-reaching implications for the remaining tribal community and its continuity as a community,” he said in the letters.

In a statement released Friday night, the Natural Resources Defense Council called the decision a major victory and said the casinos would have burdened the Catskills with pollution, traffic congestion and sprawl.

Representative Maurice Hinchey, a Democrat from New York who has strongly supported the proposed casinos, said proponents of the plans would not give up. “It is clear that the next opportunity for these proposed casinos to move forward and be objectively evaluated will be under a new administration by a different secretary of the interior, who under current law has the final determination in this matter at this time,” he said in a statement.

Southampton blocks Shinnecock casino development; tribe irked

12.17.07

Shinnecocks irked by Southampton blocking casino
BY MITCHELL FREEDMAN

mitch.freedman@newsday.com

Tribal Trustees of the Shinnecock Indian tribe Monday charged that Southampton Town was committing "cultural genocide" by insisting that the residentially-zoned land should be used only to build houses.

The charge by tribal trustees, during an interview on the reservation, comes a few days before a federal court was to accept the wording of a permanent injunction barring the Shinnecock from developing a casino on nearly 80 acres of land in Hampton Bays.

Southampton won its lawsuit to block the tribe from building a casino.

Trustee Frederick C. Bess said Monday that generations of Shinnecocks have taken part in weddings, dances and other community rituals on the tribe's Westwoods property.

"They can't tell us if we're breaking the law or not," he said. "Do we have to get a permit to build a bonfire?"

Trustee Lance Gumbs said that the traditional uses of the land would not be stopped. "We are going to continue to do them," he said. "If we have to go to jail, we will."

The Tribal Trustees also complained that the proposed injunction drawn up by the town contains language opposing any federal recognition of the tribe. They say such a clause would make it difficult to gain that status, which would allow the tribe to apply for special federal aid programs.

U.S. District Court Judge Joseph Bianco ruled in October that the Shinnecock Tribe did not have the right to build a casino on the Westwoods land, where its members have hunted, celebrated and conducted different ceremonies for generations.

The land, off Newtown Road, is several miles from the Shinnecock Indian Reservation on Shinnecock Bay.

After ruling in favor of the town, Judge Bianco ordered the two sides to come up with the wording for a permanent injunction to bar casino construction by Dec. 12. When they failed to reach an agreement on the language, he extended the deadline to Thursday.

Town Board member Linda Kabot, who will become supervisor, had scheduled a meeting with the Tribal Trustees last week, but canceled it.

Kabot said the Shinnecocks wanted to include language in the court order that spelled out the tribe's pre-existing uses of the land, uses which did not conform to existing zoning. "It was over-reaching," she said.

Kabot said that there are no town regulations that deal with tribal ceremonies or similar cultural events. "We only cover big activities like the Hampton Classic," she said.

Barwest spokesman reports no significant progress in effort to bring casino to Barstow

Tom Shields, spokesman for Detroit-based BarWest Gaming LLC, appeared at tonight's meeting of the Barstow City Council and reported, "There has really not been any significant change in our (BarWest) effort to bring Casino gaming to Barstow." The BarWest casino scheme has been stalled, making no significant progress, since 2005; despite periodic representations otherwise by Shields.

Although California Governor Arnold Schwarzenegger a strict policy of confidentiality regarding negotiations that may be ongoing with specific tribes, Shields continues to make public statement indicating negotiations with the Governor are in progress presumaby breaking with the Governor's policy requiring confidentiality, and leading some to speculate that in fact there are no active discussions underway.

Shields, once again, brought along two members of the Los Coyotes tribe but there has been no appearance by leaders of the Big Lagoon Rancheria in Barstow for months -- one news story indicated Big Lagoon was no longer involved with the Barstow casino effort although Shields has attempted to suggest otherwise.

Political disclosure documents indicate both individuals who accompanied Shields to the City Council meeting representing themselves as leaders of the Los Coyotes tribe have previously been paid by BarWest to make appearances in Barstow.

Shields and Shane Chapparosa, one of those who represents himself as a leader of the Los Coyotes tribe, reported that there had been elections but represented there were no significant changes in the make-up of the Tribal Council. They failed to mention whether or not Katherine Siva Saubel remained as chairwoman/spokesperson for the tribe.

A news article published in November reported that Saubel, who terminated the tribe's agreement with BarWest referred to BarWest principal Michael J. Malik, Sr. as "the Devil." Saubel and her nephew Kevin Siva were noticeably absent from the Barstow City Council meeting.

Further, Shields was forced to admit that a draft Environmental Impact Study (EIS) required by the Bureau of Indian Affairs (BIA) on the two casinos BarWest has proposed had made no progress at the Department of Interior.