| 3.23.22

Protecting a Local Casino by Reaffirming the Gun Lake Trust Land (S. 1603)

Do you support or oppose this bill?

What is S. 1603?

(Updated July 18, 2017)

This bill was enacted on September 26, 2014

The bill would ensure and reaffirms that lands already held in trust for the "Gun Lake Tribe," or the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians cannot be challenged in federal court.

Essentially, S. 1603 would prohibit any lawsuits related to the trust on the land and any legal challenges to the tribe's land-into-trust applications. The most contentious element of this bill that critics disagree with is that the land has been take into federal trust for the Gun Lake Casino — an institution that has been operating and contributing to the local economy for over four years.

Argument in favor

The tribe's land-into-trust application has already been finalized by the Bureau of Indian Affairs, this bill further cements that decision.

Argument opposed

The U.S. government shouldn't be able to take land into trust for a casino, especially if local landowners are affected said casino.

Impact

The Match-E-Be-Nash-She-Wish Band of Pottawatami Indians, residents of Gun Lake, Michigan, Gun Lake Casino patrons and employees.

Cost of S. 1603

Based on information provided by the Department of the Interior, a CBO cost estimate found that S. 1603 would have no significant impact on the federal budget.

Additional Info

In Depth:

The Senate passed S.1603 with unanimous consent earlier this summer. The Obama administration has also expressed support for the measure. Motivation for introducing the bill came from a 2012 U.S. Supreme Court decision on the Salazar v. Patchak case. From the SCOTUS blog:

"The case presents the question whether a landowner affected by the building of an Indian casino in his community can sue the federal government under the Administrative Procedure Act (APA), seeking a declaration that the government unlawfully took the land into trust for the Tribe – a move that facilitated the building of the casino."

An 8-1 vote determined that the tribe's land-into-trust application could be challenged, even though it was finalized by the Bureau of Indian Affairs.