The Sault Ste. Marie Tribe of
Chippewa Indians can't pursue an off-reservation casino without securing the approval of all of Michigan's tribes, a federal judge ruled on Tuesday.
A provision in the Class III gaming compact requires an agreement among all tribes that includes revenue sharing from an off-reservation casino. Judge Robert Jonker said the Sault Tribe hasn't done that in its pursuit of the Lansing Kewadin Casino in downtown Lansing.
"There is no dispute that the Sault Tribe intends to use the casino property for Class III gaming," Jonker wrote in the 22-page decision. "There is no dispute that the Sault Tribe has not secured and does not intend to secure a revenue sharing agreement with other tribes."
The tribe acquired the site for the proposed Lansing Kewadin
Casino in connection with the Michigan
Indian Land Claims Settlement Act. A land-into-trust application has not
been filed.
However, the tribe believes the law requires the Bureau of Indian Affairs to place the land in trust. Jonker ruled that the submission of the application, regardless of the mandatory nature of the acquisition, triggers the section of the compact that requires tribal approval and revenue sharing from an off-reservation casino.
This is not a surprise, we’ve been down this road before,” Sault Chairman Aaron Payment told The Battle Creek Enquirer in response. “We’ve always said we’re looking at a two-year horizon on getting all of the legal battles settled.”
Turtle Talk has posted documents from the case, Michigan v. Sault Ste. Marie Tribe of Chippewa Indians.
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