Here is the opinion from the Window Rock District Court in Office of the Navajo Nation President and Vice President v. Navajo Nation Council:

Shirley decision

Here is Patrick LeBeau’s fine review of Robert Dale Parker’s  ”The Sound the Stars Make Rushing Through the Sky: The Writings of Jane Johnston Schoolcraft.”

LeBeau Review

From TV via Pechanga:

MT. PLEASANT — Employees head back to work at the Soaring Eagle Casino and Resort in Mt. Pleasant after a bomb threat Wednesday afternoon. It was like any other day at the casino  until a call came in that turned the resort upside down. ”The Saginaw Chippewa Tribal Police Department at approximately 1:30 this afternoon received a bomb threat,” said Public Relations Director Frank Cloutier.

Six other law enforcement agencies were called and within minutes the resort was swarming with police ready to shut the area down.

Casino player Kim Jones drove an hour to get to the casino when she was turned away. “Yes we were coming here to the casino and we got up here and we saw all the police cars…a friend…was here earlier and was playing a slot and the (police) come in and told them they all have to leave,” said Jones.

“We had a bomb threat and they evacuated us very professionally and we’re dealing with it the best we can,” said evacuee Randy Thompson.

Frank Cloutier said the bomb scare was unlike any evacuation he’s ever seen. “We haven’t had an impact on the property to this magnitude,” Cloutier said.

The search continued for over six hours but no evidence of a bomb turned up.  Kim Jones said she was cashing in on her own theory about what took place.”Because I think somebody just lost and was upset and it doesn’t surprise me,” said Jones.

The business was evacuated just after 2 p.m. because of a bomb threat, according to a hotel spokesperson.

The spokesperson said Saginaw Chippewa Tribal Police told the casino and resort that there was a threat of explosives, believed to include the resort only.

Because of the threat, officials at the casino and resort closed all gaming facilities at the casino. For the safety of their patrons, they relocated guests to the nearby Soaring Eagle Inn and Conference Center. Barricades were set up at all entrances to prevent new customers from entering the resort.

The casino was to re-open at 2 a.m. Thursday. Employees were called back to work for 12:01 a.m. Thursday

Mount Pleasant, Mich. December 16, 2009 � 8:15PM – Tribal spokesman Frank Cloutier announced that law enforcement officials have given the Soaring Eagle Casino & Resort the all clear signal after a massive search of the property related to a credible bomb threat did not uncover any explosives.

Employees of the resort have been called back to work beginning at 12:01AM Thursday and patrons would be allowed back into the resort by 2:00 AM.

The Saginaw Chippewa Indian Tribe’s police department received an explosives threat against the Mount Pleasant facility at approximately 1:30PM and deployed tactical response teams quicky. The orderly, precautionary evacuation began at 3:15pm displacing approximately 2,000 patrons, 250 hotel guests and 700 resort employees. Hotel guests were shuttled to the Tribe’s sister property Soaring Eagle Inn and Conference Center for accommodations.

Tribal Council Chief Dennis V. Kequom, Sr. and the Council’s decision was made out of concern for the safety of patrons and associates. The Tribe’s commitment to a safe and secure environment for patrons and associates was evidenced by the quick response to the threat.

Responding to the resort in a coordinated effort were law enforcement officials from the Saginaw Chippewa Indian Tribe, Michigan State Police, Isabella County, City of Mount Pleasant, CMU, Saginaw County, East Lansing, MMR, EOC, Mark Griffis, MSU, and BAYANET.
This message was posted on the Saginaw Chippewa Indian Tribe Web site at 6:15 p.m.

The Tribal Council is very concerned for the safety and well being of all of our associates and patrons which prompted the precautionary evacuation. At this time we are informing all associates to report to work at 12 midnight to begin preparations to re-open the facility. We would encourage them to call PBX before travelling to work to ensure that the back to work order is still in effect.

This message was posted on the Saginaw Chippewa Indian Tribe Web site at 5:18 p.m.

As of 4:36 PM, the Soaring Eagle Casino & Resort and the Slot Palace have been successfully evacuated under our precautionary safety evacuation. Guests staying at the Soaring Eagle Casino resort have been shuttled to the Soaring Eagle Inn & Conference Center (formerly the Holiday Inn), 5665 E. Pickard Street in Mount Pleasant. All guests and employees have been cleared from the property. There is no estimated time when the facility will reopen.

This message was posted on the Saginaw Chippewa Indian Tribe Web site just before 4 p.m.

The Soaring Eagle Casino & Resort has been informed by local law enforcement that we are under threat of possible explosives threat on the resort property. It is not clear that this is a credible threat, but it is being treated as such. In the interest of the safety and security of our patrons, associates and business professionals the Tribal Council of the Saginaw Chippewa Indian Tribe has ordered a preemptive evacuation of all Soaring Eagle Casino & Resort properties. Your Cooperation and patience is crucial during this precautionary evacuation. We repeat that this threat is not been deemed eminent and your cooperation will ensure we secure the safety of everyone involved as soon as possible.

From the Detroit News via Pechanga:

Detroit — Greektown Casino-Hotel, the city’s smallest casino, reported a 21-percent increase in its November revenue over the same month in 2008.

Greektown took in $28.44 million last month compared to $23.51 million a year earlier.

Overall, gaming revenues were up just slightly in November, 0.6 percent, compared to the same month last year, according to numbers released by the Michigan Gaming Control Board.

MGM Grand Detroit and MotorCity casinos reported respective year-over-year declines of 7.8 percent and 1.8 percent during the same time period.

The results were announced at Tuesday’s meeting of the state gaming board, which also approved a refinancing deal for Greektown that will allow the bankrupt gambling hall to get a better interest rate on the debtor-in-possession bankruptcy loan that’s been fueling its operations since May 2008.

Because of the worldwide credit crunch, the casino ended up paying millions in interest to secure the loans. A revised agreement approved by the board Tuesday, will help relieve some of that cost.

“The deal put forward has much more favorable terms,” said Charles Moore, a restructuring advisor with Birmingham-based Conway MacKenzie Inc., a firm working on the Greektown case.

The deal will provide two branches of credit: a $190 million term facility, which will be used to pay off the original debtor-in-possession financing, and a $20 million delay-draw facility, which Moore said likely won’t be needed.

A federal magistrate has issued a report and recommendation (something not yet binding until the federal judge signs it) holding that Indian tribes do not have authority to sentence convicted criminals to consecutive sentences amounting to more than 1 year (the limit set by the Indian Civil Rights Act).

Here is the report and recommendation — Magistrate Report

Here is the opinion letter referenced in this news article.

Indian Preference Seneca

From the Nation’s counsel:

From the Traverse City Record-Eagle:

PESHAWBESTOWN — A local American Indian tribe wants to expand its reservation.

Nearly 80 acres of additional land in northwest Michigan is a good start.

The Grand Traverse Band of Ottawa and Chippewa Indians acquired a 78-acre parcel in Antrim County’s Milton Township last week.

Tribal Chairman Derek Bailey said the land trust soon will house 22 residential sites for band members.

The recent land acquisition addressed a “fundamental need” for tribal housing located near Turtle Creek Casino in Williamsburg and Grand Traverse Resort & Spa in Acme, Bailey said.

The parcel originally was zoned for agricultural development, said Chris Weinzapfel, Milton Township zoning administrator. But the band spent $1.5 million on road, sewer, water and electrical improvements, in hopes it could obtain residential zoning rights.

“Neither the township or county objected to this,” Bailey said “There was complete compliance.”

The U.S. Department of the Interior approved the trust acquisition, which was filed by the band eight years ago.

Bailey said he grew tired of waiting for a decision to be made.

So he testified last week in front of the U.S. Senate Committee on Indian Affairs in Washington, D.C., about his concern with several ongoing trust acquisitions nationwide.

“Unfortunately, the land-into-trust process has become tortuously slow and complicated,” he said. “The department’s treatment of these trust applications is mind-boggling to me.”

Band members filed several trust acquisition requests with the Department of the Interior over the past 17 years — four were returned and six are pending. The four acquisitions returned were filed between 1992 and 1994, and were too old to be ruled upon, Bailey said.

“Too old, that’s very troubling,” he said. “We did our part.”

Bailey said he will continue to address ongoing trust acquisitions, and plans to reapply for the four that were returned.

“They are aware there is a significant push for this,” he said. “The best time to act is when the iron’s hot.”

A spokesperson for the Department of the Interior did not return repeated calls for comment.

Here is the most recent opinion in Gristede’s Foods v. Poospatuck (Unkechauge) Nation — DCT Order Granting Stay until August 2010

From the Buffalo News via Pechanga:

LEWISTON — It’s perfectly legal for the Seneca Nation of Indians to give preferential treatment to Senecas and other Native Americans in filling jobs at the Hickory Stick Golf Course, a federal official has written.

The 1964 Civil Rights Act contains an exception to nondiscrimination laws, allowing Indian hiring preferences for “any business or enterprise on or near an Indian reservation,” according to Kevin Bearquiver, deputy director of the Bureau of Indian Affairs.

He wrote the opinion in response to a request from the Niagara County Industrial Development Agency.

A 1977 executive order defined “near” as anyplace within a reasonable daily commute from a reservation.

The IDA board voted Aug. 13 to ask its attorney to seek an opinion on whether the Seneca Nation’s employment preference ordinance applies to the golf course, which is owned by the Seneca Gaming Corp., but is not built on Seneca-owned land. The IDA has an interest in the issue because it granted a property tax break to the Lewiston golf course in 2007.

Bearquiver’s letter said Congress justified the exemption from nondiscrimination laws because the federal government has a “policy of encouraging Indian employment.”

“It’s interesting that they not only said it was permissible, they encouraged it,” said IDA Chairman Henry M. Sloma, who at the Aug. 13 meeting called the preference policy “socially repugnant.”

The IDA tries to encourage recipients of its aid to hire from within Niagara County, although it has formal local hiring policy.

The Senecas’ ordinance says that in regard to jobs created by tribal entities, first preference will go to qualified Senecas. Second choice is qualified members of any other Indian tribe, with non-Indians being considered only after the pool of qualified Indians is exhausted.

Robert Connolly, business manager of Laborers Local 91 and an IDA board member, had complained that contractors on the golf course were being required to hire Senecas.

He said of the federal policy, “It’s not fair. [The Senecas] could buy any property anywhere and do whatever they want.”

Cathy Walker, chief operating officer of Seneca Gaming, said in a statement, “Seneca Gaming Corporation is proud of our track record of providing job opportunities for Native Americans and all Western New Yorkers. Hickory Stick Golf Course will be another step to build on the significant impact we have had on the local economy over the past seven years.”

According to corporation figures, Seneca Gaming employs more than 3,500 people, but only about 200 are Native Americans. Approximately 60 percent of the employees at the Senecas’ Niagara Falls operations live in Niagara County.

A Seneca spokesman said the golf course is expected to open for play next summer. Delays in its completion, originally targeted for the spring of 2009, were blamed on wet weather.

Hickory Stick is expected to employ 35 to 40 people during the peak golfing months, but only about four people year-round. Besides work on the turf itself, a maintenance building is under construction, with a February target date for completion.

Final design decisions on the clubhouse are to be made shortly, with the expectation that it will be ready when the course is ready for play, corporation officials said.