United States Department of the Interior . 

OFFICE OF THE SOLICITOR 

Washington, D.C. 20240 

IN RFPLY REFEJi 'ID: 

Divlsion of Indiaq Affairs 

Mail Stop 6456 

AUG 5 1999 

Memorandum 

To: George Skibine .. 

Director, Indian Gaming Management Staff 

From: Denil B. Jordan, Associate Solicitor, Division of Indian 

Subject: Little Traverse Bay Bands of Odawa Indians of Michigan "Victories Tract" 

On July 28,1999, you requested a legal opinion as to whether a certain parcel of land known as 

the "Victories Tract" qualifies as "restored" lands within the meaning of section 20 of the Indian 

Gaming Regulatory Act (IGRA), 25 U.S.C. 2719. The Little Traverse Bay Bands has an 

application pending before the Minneapolis Area Of'flce to acquire the Victories Tract in trust for 

gaming purposes.' 

IGRq places a general prohibition against gaming on lands acquired in trust after October 17, 

1988. 25 U.S.C. 5 27 18(a). There are several exceptions to this prohibition, and one is if the 

"Sands are taken into tn~st as part of. .. the restoration of Iands for an Indian tribe that is restored 

to Federal recognition." 25 U.S.C. 8 2719(b)(l)(B)(iii). There is a two-pronged analysis to this 

exception. First, the tribe must be "restored" within the meaning of IGRA. Second, the land to 

be acquired must be "restored" within the meaning of IGRA. 

Tn a memorandum ,. ... dated.November ..- . .,. . 12, ., :.. 1997, tJe . , Associate . .., Solicitor - Division, of Indian Affairs , ... '" ..... . .... ".. ." '.. .. ..-.... 

determined that the ~ikle Traverse Bay adds was a rkstorkd'tribe withinthe meaning of section 

20. The next question, then, is whether the Victories Tract qualifies as "restored" land under 

section 20. 

On September 2 1,1994, Congress enacted Pub. L. 103-324, which reaffmed the federal 

recognition of the Little Traverse Bay Bands of Odawa Indians. 108 Stat. 2156, codtfzed at 25 

U.S.C. §§ 13 00k-1 through 1300k-7 (hereinafter referred to as the 'Reaffirmation Act"). Section 

6 of the Reaffirmation Act states: 

The Secretary shall acquire real property in Emrnet and Charlevoix 

Counties for the benefit of the Little Traverse Bay Bands. The 

This memorandum does not discuss the trust acquisition of the Victories Tract. 
Secretary shall also accept any real property located in those 

counties for the benefit of the Little Traverse Bay Bands if 

conveyed or othedse transferred to the Secretary, if at the time of 

such acceptance, there are no adverse legal claims on such property 

-including outstanding liens, mortgages or taxes owed. 

25 U.S.C. $.1300k-4(a). .Several documents submitted in the acquisition application describe the 

'Victories Tract ds located within Emrnet County. For example, the documents contain boundary 

descriptions, maps, pictures, and a contract. These documents, which the Solicitor's Office has 

independently verified through research, prove that the Victories Tract, located at 1966 U.S. 13 1 

South in Petoskey, Michigan, is indeed within Emmet County? Therefore, the Victories Tract is 

located within the land acquisition provisions as set forth in 25 U.S.C. 5 1300k-4, and qualifies 

as "restored" land within the meaning of section 20(b)(l)(B)(iii). 

In the November 12, 1997 memorandum, it was also determined that trust acquisition of a parcel 

known as the "Mackinaw City 'Tract" qualified as "restored" lands. The Mackinaw City Tract is 

located within Emmet County. The memorandum concludes that ll[a]ny lands to be acquired that 

lie within the 1836 ceded area, the 1855 Treaty area, or are otherwise located within Emrnet or 

Charlevoix Counties are properly characterized as 'restored' lands." 

This sentence is potentially ambiguous. On the one hand, it could be read to mean that land can 

qualify as "restored" if it falls within the 1836 ceded area py the 1855 Treaty area or within 

Emmet or Charlevoix counties. On the other hand, it says the lands must "otherwise" fall within 

Emmet or Charlevoix counties, indicating that only where the 1836, 1855 and either of the two 

counties overlap would the land be "restored." This memorandum clarifies that land must fall the 

within Emmet or Charlevoix Counties in order to quaIiQ as restored land? 

In conclusion, the Victories Tract qualifies as "restored" land within the meaning of section 20 of 

1GRA.because it falls within the land acquisition provisions of the Little Traverse Bay Bands' 

. : Reaffidnation Act. Therefore, the parcel is exempt from the'general prohibition against gaming 

. ,. ... . .. . on iand acqui tccl in ti& sifter October 17,1988;e :. . . - . - .... . I,, ..-. .? .. ,- . . ... . . ,. .. ,- .-.: . ... , w ... . . .. 

In fact, Petoskey is the county seat of Emmet County. 

Documents in the Little Traverse Bay Bands' acquisition application indicate that the 

Tribe's attorney and the Chairman understood the memorandum to require that the land in ' , 

question lie within Emmet or Chadevoix Counties. Chairman Ettawageshik states that the 

November 12,1997, Memomdum."determin[ed) that the lands within Emmet arid Charlevoix 

County which are acquired as part of our land base restoration under the ReafErmation Act will 

qualiQ for the conduct of gaming under an exception to the prohibition contained in the IGRA at 

25 U.S.C. 8 27190(l)(B)(iii)." See also page 3 of the document entitled "Victories Tract" in the 

acquisition application. 

The Little Traverse Bay Bands of Odawa 1;dians is authorized to conduct Class II 

gaming on the victories Tract, but still must comply with the compact provisions in IGRA to 

conduct Class 111 gaming; See, e.g., 25 U.S.C. §2710(d). .