On November 30, 2013, Tribal-State Gaming Compacts for several Native American tribes across the state came to the end of their initial 20-year terms under the provision of each compact. While the language within each compact is unclear as to whether the terms automatically extend past the initial expiration date, statements made during Monday’s oral argument in the Bay Mills Supreme Court case suggested that the terms continue as the tribes and the state negotiate new or amended agreements.

The Tribal-State Gaming Compacts for each of the following Michigan Native American Tribes include expiration dates of November 30, 2013:

· Bay Mills Indian Community

· Grand Traverse Band of Ottawa and Chippewa Indians

· Hannahville Indian Community

· Lac Vieux Desert Band of Lake Superior Chippewa Indians

· Saginaw Chippewa Indian Community

· Sault Ste. Marie Band of Chippewa Indians

The November 30, 2013 expiration date is also included in the Gaming Compact for the Keweenaw Bay Indian Community, however, the State is barred from exercising its rights to unilaterally terminate or force renegotiation of the agreement until November 30, 2022 under a Consent Judgment entered in 2000 by the US District Court for the Western District of Michigan.

According to statements made during oral arguments in the Michigan v. Bay Mills Indian Community case before the US Supreme Court on December 2, 2013, Michigan’s Solicitor General stated that the compacts contain “an evergreen clause that allows [the compact] to continue while the parties try to negotiate a new compact.”

According to various news reports, the state is currently in negotiations with the various affected tribes regarding executing new or extended gaming compacts.


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