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Michael Beightol
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mbeightol@coyotemarsh.com

January 7, 2015

Experts Agree That Bureau of Indian Affairs Should Reject Most Recent
Compact Amendment for Forest County Potawatomi Community
The Menominee Indian Tribe of Wisconsin recently received two separate expert legal opinions
from lawyers outside the state who agree that the Bureau of Indian Affairs should reject the
proposed compact amendment between the Forest County Potawatomi Community (FCP) and
the State of Wisconsin.
The opinions were authored by Penny Coleman, formerly with the Department of the Interiors
Office of the Solicitor, Indian Affairs division; and George Skibine, former interim Chair of the
National Indian Gaming Commission (NIGC) and past Deputy Assistant Secretary in the Bureau
of Indian Affairs (BIA).
Ms. Coleman wrote in her letter to Menominee leadership that the FCP compact amendment
should be rejected for four reasons:
First, another tribal nations trust acquisition and revenue sharing agreement are
beyond the permissible scope of compact scope of compact negotiations between the
State of Wisconsin and the Community. Second, the Amendment attempts to circumvent
IGRAs intent by forcing third party tribes to pay a tax, charge or fee. Third, the
Amendment attempts to revise IGRA by adding prerequisites to the Governors decision
on whether to concur with the Secretarys decision-making under 25 U.S.C. 2719. And
finally, approving the compact may violate the Departments trust responsibility for the
Menominee Tribe.
Separately, in his letter to the Menominee, Mr. Skibine said:

In my opinion, the main reason why the Secretary should disapprove the Compact
Amendment is because it includes a key provision that is not germane to the operation of
Class III gaming activities. That provision requires the Menominee Tribe or the State of
Wisconsin to make annual mitigation payments to Forest County for lost revenue from
Class II gaming activities, food and beverage, hotel and entertainment activity earned at
the Forest County Milwaukee gaming facility, in addition to lost revenue from Class III
gaming activities. There is no question that reimbursement for lost revenue from Class II
gaming activities, food and beverage, hotel, and entertainment activities are not issues
that are in any way directly related to the operations of Class III gaming activities, and
are thus outside the scope of provisions that can be included in a compact.
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About the Authors
Penny Coleman Ms. Coleman is experienced in Indian law generally and gaming law
specifically. Since the establishment of her law firm, Coleman Indian Law, in 2011, Ms. Coleman
provided litigation assistance on a successful Supreme Court case and expert witness testimony
in other cases. She serves as a commissioner for a judicial oversight commission and served as
the chair for a gaming commission. She also writes articles and testifies before Congress on
Internet gaming.
Ms. Coleman has provided advice on Indian lands, negotiated a tribal-state compact and
assisted a tribe seeking federal recognition. From 1994 to 2010, Ms. Coleman worked for the
National Indian Gaming Commission, most of that time as its lead counsel. Prior to 1994, she
worked for the Division of Indian Affairs, Office of the Solicitor in the Department of the
Interior. Ms. Coleman is a graduate of the University of South Dakota and is licensed in South
Dakota and Virginia.
George Skibine Mr. Skibine is of counsel in Dentons' Public Policy and Regulation and Native
American Law and Policy practices. He has extensive knowledge of all aspects of the Indian
Gaming Regulatory Act, especially in the areas of class III gaming compacts, revenue allocation
plans for the distribution of per capita payments and provisions pertaining to gaming on newly
acquired lands.
Mr. Skibine has been extensively involved in the federal acknowledgment process,
contracting under the Indian Self-Determination Act, compacting under the Tribal SelfGovernance Act, the land-into-trust process and tribal government matters. He is an enrolled
member of the Osage Nation of Oklahoma. His undergraduate degree is from the University of
Chicago; his law degree is from the University of Minnesota.