Land-into-trust issues cloud gaming plans for at least two tribes

Tuesday, January 25, 2011  

The Match-E-Be-Nash-She-Wish Band of Potawatomi Indians of Michigan, also known as the Gun Lake Tribe, will open its first casino on February 11 but land-into-trust issues could affect future gaming plans.

The Bureau of Indian Affairs placed a 147-acre site in trust for the tribe in January 2009. A few weeks later, the U.S. Supreme Court issued a decision in Carcieri v. Salazar.

The decision restricts the land-into-trust process to tribes that were "under federal jurisdiction" in 1934. The Gun Lake Tribe didn't gain federal recognition until 1998, an issue that will be revived now that the D.C. Circuit Court of Appeals reinstated a lawsuit against the BIA.

The Cowlitz Tribe of Washington is the target of a similar lawsuit. The BIA agreed to place 152 acres in trust for the tribe but local officials are going to sue over the 1934 issue.

The tribe gained federal recognition in 2000. The BIA addressed the 1934 issue in its record of decision on the land-into-trust application.

Get the Story:
Suit to Stop New Michigan Casino Can Forge Ahead (Courthouse News Service 1/24)

DC Circuit Decision:
Patchak v. Salazar (January 21, 2011)

Related Stories:
Gun Lake Tribe announces February 11 grand opening for casino (1/24)
Gun Lake Tribe close to announcing grand opening for new casino (1/20)
Gun Lake Tribe hopes new casino will improve lives for its people (1/14)
Gun Lake Tribe receives first shipment of slot machines for casino (12/7)
Gun Lake Tribe cuts off applications for most positions at casino (11/30)
More than 2000 file online applications for Gun Lake casino jobs (10/26)
Gun Lake Tribe plans to hire at least 700 people for first casino (10/14)