The Pokagon Band of Potawatomi Indians is speaking out against a new gaming law in Indiana.
House
Bill 1540 authorizes Gov. Mike Pence (R) to enter into negotiations for a Class III gaming compact.
The law dictates what "must" be included in the agreement so the tribe believes the law interferes with its rights.
"They just passed legislation that tied the governor's hands in negotiating with us in good faith and everything they had in their bill is against federal law. So we don't have to negotiate with them to open," Chairman John Warren told The Indianapolis Business Journal
Article 29 of the new law requires the agreement to include revenue sharing provisions with "state and local units of government." But it does not appear to offer any form of exclusivity to the tribe since it also authorizes riverboat casinos to establish land facilities.
The Indian
Gaming Regulatory Act does not specifically allow, or disallow, revenue sharing. However, the Bureau of Indian Affairs has said it won't approve gaming compacts unless a state offers a "meaningful concession" in exchange for a share of tribal funds.
Pence, who previously said he opposes an "expansion
of gaming" in the state, allows the bill to go into effect without his signature. He hasn't taken a position on the Pokagon Band's plan for a casino in South Bend.
A spokesperson for the governor told the The Indianapolis Business Journal that the administration "is currently reviewing our options both at the federal and state level as they relate to a new casino being built in South Bend."
The tribe has submitted a land-into-trust application to use 166 acres for a casino, hotel and other development. The BIA is processing
an environmental impact
statement for the project.
Get the Story:
Tribe chairman says new Indiana law violates U.S. law
(The Indianapolis Business Journal 5/14)
$P Federal Register Notices:
Draft
Environmental Impact Statement for the Proposed Pokagon Band of Potawatomi
Indians Fee-to-Trust Transfer for Tribal Village and Casino, City of South Bend,
St. Joseph County, Indiana (March 12, 2015)
Notice
of Intent To Prepare an Environmental Impact Statement for the Proposed Pokagon
Band Tribal Village Fee-to-Trust Acquisition and Casino Project in the City of
South Bend, St. Joseph County, IN (August 24, 2012)
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