Bay Mills off-reservation casino still in limbo amid litigation

Thursday, May 16, 2013  

Despite winning one round in court, the Bay Mills Indian Community in Michigan faces obstacles in reopening its off-reservation casino.

The site in Vanderbilt was acquired in connection with the Michigan Indian Land Claims Settlement Act. However the land has not been placed in trust.

The tribe believes the MILCSA requires the site to be treated as "Indian land" as defined by the Indian Gaming Regulatory Act. But the National Indian Gaming Commission and the Interior Department have not embraced that view.

Generally, IGRA bars casinos on land acquired after 1988. But Section 20 of the law contains an exception for land claim settlements.

If the Vanderbilt site is ever placed in trust, the tribe could seek to reopen the facility by seeking an exception.

Get the Story:
Bay Mills tribal casino gets reprieve, for now (MLive 5/16)

Relevant Documents:
Memorandum for NIGC Chairwoman (December 21, 2010)
DOI Solicitor Letter (December 21, 2010)

6th Circuit Decision:
Michigan v. Bay Mills Indian Community (August 15, 2012)

DOJ supports Bay Mills Indian Community in casino dispute (5/15)