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Vote set on bill to protect Gun Lake Tribe's casino from litigation


Filed Under: Legislation | Litigation
More on: 113th, bia, carcieri, dc, house, land-into-trust, mbpi, michigan, patchak, s.1603, senate, supreme court
   

The Gun Lake Casino in Wayland, Michigan. Photo from Google+

The House is set to vote today on S.1603, the Gun Lake Trust Land Reaffirmation Act.

The bill ensures that land already held in trust for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe, can't be challenged in federal court. It protects the Gun Lake Casino from an ongoing lawsuit involving David Patchak, a non-Indian man who is seeking some sort of monetary settlement because he lives about three miles from the facility.

The Senate passed the bill by unanimous consent on June 19. The Obama administration supports the measure, which is due to be considered under a suspension of the rules, according to the House majority leader's schedule.

The bill arose out of the U.S. Supreme Court decision in Salazar v. Patchak. By an 8-1 vote, the justices held that the tribe's land-into-trust application can be challenged even though it has already been finalized by the Bureau of Indian Affairs.

Patchak hopes to show that the BIA lacked authority to approve the land-into-trust application as a result of the Supreme Court decision in Carcieri v. Salazar. In that case, the justices held that the BIA can only approve land-into-trust applications for tribes that were "under federal jurisdiction" as of 1934.

The Gun Lake Tribe didn't gain formal recognition until 1999. So the 7-2 ruling leaves the casino in jeopardy even though its been operating and contributing to the local and state economy for more than four years.

Supreme Court Decisions:
Salazar v. Patchak | Carcieri v. Salazar

Supreme Court Oral Argument in Salazar v. Patchak:

Supreme Court Oral Argument in Carcieri v. Salazar:

Related Stories:
Judge upset with lack of movement in Gun Lake Tribe gaming case (09/04)

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