NCAI Letter to National Indian Gaming Commission re: Bay Mills Vanderbilt Casino

Here:

NCAI Letter to NIGC re Michigan v Bay Mills

An excerpt:

We have reviewed the NIGC legal opinion dated December 10, 2010 asserting that NIGC has no jurisdiction over the disputed Vanderbilt casino because it is not on Indian lands. We respectfully request that you reconsider that legal opinion in order to avoid the “irony” and unnecessary legal dilemma that the Supreme Court intends to resolve. Although the NIGC authority to approve tribal gaming ordinances may be limited to Indian country (AT&T v. Coeur d’Alene Tribe, 283 F. 3d 1156 (9th Cir., 2002)), IGRA is structured to authorize the NIGC to take final agency action regarding Indian gaming operating outside of Indian country. Bay Mills maintains that it is operating the Vanderbilt facility pursuant to a NIGC approved tribal ordinance within the authority of IGRA. IGRA authority lies clearly within the NIGC to assess the validity of Bay Mills’ claim.

The NIGC disclaimed jurisdiction over the Vanderbilt casino here. See also, Interior’s letter.