United States Department of the Interior 

omcE OF 'THE SOLIC~R 

Washingtar D.C 20240 

Memorandum 

To: Regional Director, Midwest Regional Office, Burtau of Man Mairs 

From: Acting Associate Solicitor, Division of Indian Affain 

Subject: Trust Acquisition for the Hwbn Potmatomi, Inc. 

Pursuant to a request hm your office, the Solicitor's office has reviewed the file you submitted 

regarding the trust application by the Nottawaseppi Huron Potawatomi Band, aka, the Huron 

Potawatomi, Inc. (hereinafkr, the Band). You have asked whether an exception contained in 

Section 20 of the Indian Gaming Regulatory Act (IGRA) would allow gaming on one of the 

parcels contained in the Band's trust application nquest 

1. Background 

The United States acknowledged the Band thrwgh the federal acknowledgment process (25 

C.F.R § 83), and the notice of final determination acknowledging the Band was published in the 

Federal Register on December 21,1995'. Ihe Fii Detednation for Federal AcknowIedgment 

for the Band was effective on March 21,1996. 'Zbe Bd has no trust land at this time, but the 

application submitted to the Midwest Regional Office contains tbe request to acquire four land 

arcas, six separate parcels, in trust for the Band. 

The properties proposed for acquisition include the Pine Creek Indian Resewation, which is the 

site of the cmt state reservation, the Fuller Farm, the Sackrider property and the Bdcy 

property. Except for the Bradley property, which is ia Allegan Cwnty, all of the ~1s are in 

Calhoun County, Michigan. The tni headqwtm for the Band is dso in Cdhoun County in 

the commuuity of Fulton, Michigan. 

Neither the Notice of Proposed Fi 60 Fed. R 104,28426-28427, nor the Notice of 

Final Determination contain any reference to a xrvice ana for the Band or specific county or 

township limits for the acquisition of trust land. The Band claims that both CaIhoun and Alkgaa 

Counties are within its seven county ~~ area in Michigan used by BIA and Mian Health 

Service. The service area has been established by MS but the request for a designation of a BLA 

service area has been pending in Washington siacc Augirst 3 1,1999. 
11. Analysis 

The threshold issue is whether the sxxetaxy can acquire these lands in trust for the Band. The 

regulations governing the Bumu land acquisition policy at 25 C.F.R§ 151.3(aX3) provide that: 

(a) Subject to the provisions con- in the acts of Congms which authorize land 

acquisitions, land may be acquired for a tribe in trust status: 

*** 

(3) When the Secretary determines that the acquisition of the land is necessary to 

facilitate tribal self-determination, economic development, or Indian housing. 

The Pine Creek Indian Reservation (state reservation) has been the site of the "social con" of the 

Band and represents the historical and cultural center of the Band. The trust acquisition of the 

current state reservation for the Band comes within the broad requirement of facilitating tni 

selfdetermination, and can therefore be acquired. 

The Band hopes to establish a gaming facility on the Sackrider property, and they have signed a 

Tribal-State Compact with the State of Michigan. The use of the property for a gaming facility 

comports with the requirement that property be acquind for economic development, as it will 

provide income and emplayment for a community in need of both. (See description of the 

economic status of the tribe in letter fiom Reid P. Chambers, attorney for the Band, to Anne 

Bolton, BIA, of 1211 1/99, at 3). 

The Fuller Farm property, which has already been pwbased by the Band, would be used for 

needed housing, and the Secretary may therefore acquin it. The Bradley property, some distance 

from the other parcels, is located next to a Huron Potawatomi cemetery. Placement of that 

property into trust would provide access and some protection hm encroachment for the 

cemetery. The 12-acre tmct will also provide housing sites, and thus may be acquired both to 

Mer tribal self-detemhition ad to accodte housing needs. The Bradley site is within 

the seven county service area proposed by the Band. We agrec with your analysis that these 

parcels come within the Secretary's discretionary authority to acquire land for the "purpose of 

providing land for Indians," 25 U.S.C. 3 465, and within the requirements contained in 25 C.F.R. 

(5 15 1.3(aX3). 

The questions raised by your referral to this office m: (1) could the Sackrider property, if &en 

into trust and declared part of the Band's initial memation, come within one of the exceptions 

contained in Section 20 of IGRA? and (2) what is the impact of acquiring other parcels (nongaming) in trust prior to acquiring or processing the Sackrider (gaming) parcels in trust? 
The answer to the first question involves both IGRA and 25 U.S.C. Q 467 which dows the 

Secretary "to proclaim new Indian resexvations on lands acquired punuant to any authority 

conferred by sections. . .465 . . . ." The lands proposed for the initial reservation arc 

noncontiguous, but this poses no difficulties, as theie is no prohibition against acquisition of 

noncontipous parcels, and such acquisition is specifically contemplated by the regulations. 25 

C.F.R. 5 151.11 

IGRA prohibits gaming on trust land acquired by Indian tribes aRer October 1 7,1988. nK 

exceptions to this general prohibition are contained in 25 U.S.C. 5 2719(b). The spacifiic 

provision which is applicable to the application submitted by the Band is 25 U.S.C. Q 

27 19(b)(l )(B)(ii). That provision provides that the general prohibition on gaming on land 

acquired after October 17, 1988 will not apply when lands art taka into trust as part of the initial 

reservation of an Indian tribe acknowledged by the Secretary der the Federal acknowledgment 

process. Id. 

The Sackrider property is located in Calhoun County. As noted in the refed from your office, 

the Tribal-State Compact between the state of Michigan and the Band allows for gaming in 

Calhoun County? The Pine Creek Indian Resenation, also in Cdhoun County, is the 

"geographical residential focusn identified in the Notice of Fi Determination. The Band 

fWer notes, "AH of the land which we now request to be taken into trust by the United States is 

within our aboriginal tenitory which was ceded to the United States by the Treaty of August 29, 

182 1 (Royce Map 1 17)." All of the above are indicia that this tract is within the geographical 

region anticipated as part of the Sand's land base. Therefore, tbe Sackrider property may be 

included as part of the Band's initial reservation. If the Sackrider property is included in the 

initial proclamation of reservation, it wuld be within the "initial rcsemation* exception to the 

prohibition against gaming on trust land acquired after October 17,1988. 

This is consistent with earlier Solicitor opinions interpeting tbe exceptions to the ban on 

on land acquired after October 17,1988. We have in- thc intent of the exceptions as 

being to u~~ certain lands acquired aAer IGRA by trait@ them similarly to lands held 

by tribes already recognized at the time IGRA was adopted, Letta of Solicitor to Rep. Fazio, 

8/3/98, at 2 (Mechoopda Tribe letter); letter from Derril B. Jordan, Associate Solicitor, DIA, to 

. Hilda A. Manuel, Deputy Comm'r for Indian AEairs of 1 1/19/97, M-36991 at 4 (Little Traverse 

Bay opinion); Memorandum from Solicitor to Secretary on Pokagan Band of Potowatomi 

'The tenns of the tribal-state gaming compact, while not eve in the 

Department's decision to issue a proclamation of reservation stazus, arc indicative of the 

understanding reached between the state and Band for the geographic reach of "Indian lands* 

upon which gaming may be conducted. 
Indians, (9/19/97), at 3. We have argued that the intent was to permit restored tribes the same 

'opportunity to game on its *'Indian landsn that tribes with such lands at the time of IGRA 

enactment enjoy. 

The second question asked is: "What is the impact of acquiring other p~Is in trust pior to 

acquiring gaming parcel in trust?" The Band may quest that a new mation be declared. 

25 U.S.C. 467. The first time a reservation is proclaimed for the Band, it amsti~cs the "initial 

reservation" under 25 U.S.C. 27 19(b)( 1 )@), and the Band may avoid tbe ban on ga?ning on 

newly acquired land for any lands taken into trust as part of the initial reservation - those placed 

in trust before or at the time of the initial proclamation. Land acquired after the initid 

proclamation of the resen-ation will not fall within the exception. If the Band, wishe~, just the 

Sackrider parcel may be acquired in trust before the proclamation, but the Sand may only rquest 

an "initial resewation" once. Therefore, the property which would fall witbin the IGRA 

exception wodd be limited to whatever parcel or parcels are contained in the initial 

proclamation of reservation status. This puts newly recognized tribes in a similar position to 

tribes having land in trust before October 17,1988, in that they are afforded an initial 

opportunity, but lands acquired after the initial reservation are abject to the ban in the same way 

that lands of other tribes acquired after October 17, 1988 are. 

IIL Conclusion 

If the Band wants the Secretary to take the other parcels into trust and then proclaim a 

reservation including all trust land acquired, including the Pine Creek Reservation and the three 

other parcels, the Secretary may do SO. The proclamation process is independent of the trust 

application process. A copy of the Checklist for Contents of &tamation Request and a 

standard Notice ktter to States and Local Governments for the proclamation is attached for your 

information. You may want to check with Realty ador the Central offia to determine if this 

checklist and foxm have been updated.) The standard letter qpcars to have been drafted to 

acwrnmodate the procIamation for more than one parcel (Wxsc trust Iands"). 

Any of the parcels listed in the Band's application may be included within the initial 

proclamation of reservation status and would then come within the "initial mation" exception 

in IGRA, 25 U.S.C. 5 271 9(b)(lXB)(ii). The pending trust applications should be processed with 

the understanding that the tribal resolution, which was submitted by the Bad, was for the trust 

applications and proclamation of reservation status fix all of the parcels noted above.