Gov. Snyder Refuses to Concur with Interior on KBIC Off-Reservation Casino Application

Here, via Pechanga.

This is interesting:

Governor Snyder did state that he was open to relocation as part of a broader agreement between the tribe and the state. Potential points for such an agreement include:

·         Allowing local governments to have some say in the disposition of the 2 percent local casino revenue sharing payments

·         The tribe entering into an agreement requiring the tribal businesses to collect tax on transactions with non-Native Americans

·         Working out a revised revenue sharing agreement so the tribe would continue to make some level of payments to the state, even if future gaming competition develops elsewhere in the state.  Currently, the KBIC is the only tribe with gaming operations in the state that has an agreement that would stop revenue payments if state-authorized gaming was expanded in Michigan.

In a two-part determination, which allows the governor to concur or not, these points are irrelevant. However, in a compact negotiation, these points appear to put KBIC in a very strong negotiating position in that the governor’s demands appear to violate IGRA’s requirement that the governor negotiate in good faith. Asking for more revenue sharing without any meaningful economic concessions, and demanding tribal tax collection, and demanding the institution of a local revenue sharing board — way overboard, in my view. Will be interesting to see what KB does — go with the Secretarial procedures, or simply sue the governor under the 1993 compacts and litigate good faith.

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