The Native Blog

The Midweek: County Board, Tribe near gaming deal

The Midweek: County Board, Tribe near gaming deal

"The Prairie Band Potawatomi Tribe, which is planning a controversial gaming operation in Shabbona, may have an agreement hammered out with the DeKalb County Board by January.

County Board Administrator Ray Bockman told the board's Executive Committee last week that a few final points are being worked out and a draft should be ready for consideration by December. Attorneys for the board and the tribe have been negotiating for months.

The county's attorney, Dennis Whittlesey, has said the tribe is within its rights now to build a bingo facility without any approvals from state or local government.

County Board Chair Ruth Anne Tobias and board member Pat Vary stressed again last week, as they have in the past, that the board is developing the agreement in self-defense. If the Indians go ahead and build the gaming facility, without the county input, it could be shut out of the operation entirely, without a voice on issues such as policing, fire protection, roads, hours the casino will be operating, sales taxes and environmental issues.

The board sent a special request several months ago to the U. S. Department of the Interior for a clarification as to whether the Indian land in Shabbona qualifies as a reservation, but the county has not received a definitive response. While several arguments have been made on both sides, DeKalb County State's Attorney Ron Matekaitis has said he believes none have been conclusive.

The Potawatomi have said they are proposing a tribal government building of about 2,500 square feet on 128 acres of land they purchased in the Shabbona area for more than $8 million.

The bingo facility they described in the past would be about 22,000 square feet, for about 300 players, with a parking lot for 200 cars-and they said the operation “would be less disruptive than a school sporting event.” The facility, which they said would have “serene landscaping,” also would have a food and beverage service, security and surveillance.

Last week, board member Julia Fauci said she recently visited a casino out of state and was amazed at all the related businesses around the actual gaming facility including restaurants and gasoline service stations. Fauci has said in the past she is personally opposed to gambling.

There is heavy local opposition to a bingo operation, and especially a casino, in the Shabbona area. The opposition group, numbering 100-150 individuals, wants to retain the rural character of the area which includes Shabbona State Park, named for the former chief of the Prairie Band. The group also believes the Indians will offer better deals on gas prices and other services and will end up forcing out local businesses in Shabbona. The opposition group recently said it was not represented by an attorney, but may fight the proposed operation in the courts."

County and Tribe closer to an agreement

County and Tribe closer to an agreement

"DeKalb County and the Prairie Band Potawatomi Nation are “much closer to an agreement” on how the two would work together if the tribe builds on land it owns north of Shabbona, county officials said last week.

The negotiating teams of the two entities met recently and had what County Administrator Ray Bockman called “a very productive discussion about an agreement.”

The two governments have been meeting since April, when the county board agreed to re-enter negotiations with the Potawatomi. While the negotiations are not necessarily about a gaming facility - the tribe has expressed interest in building a 24-hour electronic bingo hall - the agreement would support the tribe in its application to the federal government to build such a facility, Bockman said.

It is still unknown when a key issue will be decided, though: The county and the Kansas-based tribe are waiting for a land determination from the National Indian Gaming Commission as to whether the area in question is a reservation.

The designation is important because an Indian gaming facility can only be build on land that the government recognizes as a reservation.             

It benefits the county to talk with the Potawatomi before the land determination is made, Bockman said earlier this week, because the tribe will be bound by any agreements already established between the two governments.

The proposed agreement covers a number of issues, Bockman said, including land use and who would have jurisdiction over any crimes committed on the land. It also could include liquor law understandings, he added.

“Without an agreement, if it is determined to be a reservation, they could be open 24-7,” he said. “An agreement would get them to agree to limit hours to sell liquor that is something more comparable to the rest of county.”

The agreement also would address protection of the county's forest preserve and land owned by private residents if it is determined to be a reservation, Bockman said.

“From our perspective, the agreement says, ‘Here is what the tribe and county will agree to if the federal government makes a determination that this is tribal land,” Bockman said. “If it's not Indian lands, the agreement is null and void.”

Even though the Potawatomi own the land, they need the federal designation to build a gaming facility. If the bingo hall was built and then the land was determined not to be a reservation, the facility would have to close.

The Potawatomi purchased 128 acres of land for $8.8 million in April 2006. It's part of 1,280 acres - which includes much of Shabbona Lake State Park - given to Chief Shab-eh-nay in an 1829 treaty. The Potawatomi, descendants of Shab-eh-nay's band, claim that their rights to the land were never extinguished, making the land a reservation.

The county isn't as sure, and requested the land determination. All interested parties submitted information to the National Indian Gaming Com-mission by Oct. 1, and the various groups will have time to respond to each others' claims.

Bockman estimated that proposal could be presented to county board members within the next two months, after lawyers for both governments review language issues.

If the negotiations are wrapped up in the next few months, a workshop will be held for county board members in December, with a public hearing probably in January and potentially a vote that month as well, County Board Chairwoman Ruth Anne Tobias said.

Repeated messages left by the Chronicle for acting Potawatomi Tribal Chairman Rey Kitchkumme were not returned."

New Logo for Dekalb County Online

This is the new logo for the Dekalb County Online Newspaper. These are the words of the paper on their new logo:

"The new twist in the new logo is its an ear of Indian corn. Something old is new again. The Prairie Band Potawatomi are coming home. DeKalb County is, whether some like it or not, taking a lead role in the return of Native American heritage to land once widely known as "Indian Country."

The ear of Indian corn is symbolic in another way. Each kernel of corn has a different color. That's diversity. Yet all of those kernel's are bound together on a single cob. That's unity. Or, in the words of Shabehnay, "up there, we are all alike."

I know, its corny, but this is DeKalb County. What did you expect?"

From Dekalb County Online

From Dekalb County Online

"The Prairie Band Potawatomi have elected Steve Ortiz to be the new Chair of the Tribal Council in a special election brought on by the resignation of Tracy Stanhoff. Ortiz, who has served on the Tribal Council since 1998, was elected from a field of ten candidates.

Ortiz received his Bachelors of Business Administration from Washburn University of Topeka, KS. He served in the United States Marine Corps and United States Army Reserves and is a life member of We-Ta-Se (for PBPN Veterans) and served on Color and Honor Guard services. He has eight years experience (1998-2006) as Secretary for the PBPN.

Stanhoff resigned from the council, reportedly, because she felt she had accomplished what she set out to do. There was a recall petition, led by former tribal chairs, that appeared to call into question policies and decisions made in the purchase of the 128-acres Ward farm in Shabbona. The PBP bought the land, that is within the boundaries of the 1,280 acres of "land reserved for Chief Shabehnay and his band" as outlined in the 1829 Treaty of Prairie du Chein. Under Stanhoff's direction the PBP paid more than $60,000 per acre in cash.

According to the campaign page of Steve Ortiz, published on Larry Mitchell's "Native Blog," short term goals of the new chair is to increase the PBPN tribal government cash reserves and increase the casino cash reserves from the Mayetta-based PBPN Casino that were depleted by transition costs and purchase of the Shabbona land. He pledged that he would maintain a working and positive relationship with the DeKalb County Board."

SEE: http://www.nativeblog.typepad.com

On the Shabbona Land Deal

"As a Shabbona resident, I want people to understand why some of us are opposed to a gambling facility. For me, it's not about the gambling, or about the Tribe. It's about the major change to our small town of just over 900 people. If this was near a larger town or city, it wouldn't make a big impact. But near a small town, and so close, it'll change the town completely. I like racing, but wouldn't want a NASCAR track "next door". I love baseball, but wouldn't want the Cubs to build a new ballpark so close. I enjoy going to Disney World, but wouldn't want them to build a new theme park here. If the Tribe wants to build a cultural center or a museum, that would be fine by me. But a facility open 24 hrs a day, 7 days a week, that will attract thousands of visitor s.... no thanks."

Group opposing Shabbona gaming forms

Group opposing Shabbona gaming forms No tribal council members could be reached for comment on the forming of this anti-Potawatomi group!

Deadline looms for proposed bingo hall in Shabbona

Deadline looms for proposed bingo hall in Shabbona

"The federal government has set an Oct. 1 deadline for all interested parties to submit documentation regarding a proposed gaming facility in Shabbona.

The deadline was set after DeKalb County State's Attorney Ron Matekaitis sent a letter to the National Indian Gaming Commission in May requesting a clear determination from the federal government as to whether land owned by a Kansas-based Indian tribe is a reservation.

The proposed 24-hour electronic bingo hall would be built on 128 acres the Prairie Band Potawatomi Nation purchased for $8.8 million in April 2006. That land is part of 1,280 acres - which also includes much of Shabbona Lake State Park - given to Chief Shab-eh-nay in an 1829 treaty. The Potawatomi, descendants of Shab-eh-nay's band, claim their rights to the land were never extinguished, making the land a reservation.

Others, including Matekaitis, aren't as sure. The county plans to submit its documents to the gaming commission within the next week or so, Matekaitis said.

“We are not satisfied that it has been established as a reservation,” Matekaitis said.

Although the tribe has purchased the land it would like to build the bingo hall on, under federal law, ownership is not enough. An Indian gaming facility can be built only on land that the government recognizes as a reservation. If the bingo hall was built and then the land was determined not to be a reservation, the facility would have to close.

The original deadline was in July, but it was extended to Oct. 1, Matekaitis said last week. Each party can submit information to assist the commission as it makes its decision. Interested parties will most likely include Matekaitis' office, the Illinois Attorney General's Office, the tribe and organizations like the DeKalb County Taxpayers Against the Casino.

Each group will have 15 to 30 days after the Oct. 1 deadline to respond to the submissions of the other parties, Matekaitis said.

Several telephone messages left Monday for acting tribal chairman Rey Kitchkumme were not returned by press time.”

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