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Feds Dismiss County Claims About Poarch Creek Land, Casinos
June 7, 2012
A federal official has notified the Escambia County (Ala.) Commission that the land where the Wind Creek Casino sits is protected tribal land, shooting down the commission’s claims that a Supreme Court decision says the contrary.
In April, the commission said it wanted the Poarch Band of Creek Indians to start paying property and other other taxes on tribal lands in Atmore — including the Wind Creek Casino — because they don’t legally qualify to operate tax free. The commission fired off a letter to the U.S. Department of Interior claiming the lands should fall under local and state jurisdiction.
The county’s claims were denied in a two-paragraph letter from Donald Laverdure, acting assistant secretary of Indian affairs for the U.S. Department of the Interior.
“The Department of the Interior can confirm that the land referenced in your letter was acquired in trust by the United States in 1984 and proclaimed to be a reservation in 1985,” Laverdure’s letter states. “The (Poarch Band of Creek Indian’s) reservation, including the portion of the reservation that is situated within the geographical boundary of Escambia County, Alabama, is held in trust by the United States for the benefit of the band. As such, the band enjoys all rights and privileges associated with having its reservation held in trust by the United States under federal law.”
The Escambia (Ala.) Commission had claimed in its letter that a 2009 Supreme Court ruling that said essentially that under the Indian Reorganization Act of 1934, the federal government had no right to create land trusts with tribes that were not recognized by 1934 — 50 years before the Poarch Creeks were recognized.
Laverdure’s letter did not directly respond to the claims about that 2009 Supreme Court decision in Carcieri v. Salazar.
The Escambia County (Ala.) commissioner that represents the Atmore area, Brandon Smith, publicly expressed his opposition to the commission’s claims and letter to the Department of the Interior.
Comments
33 Responses to “Feds Dismiss County Claims About Poarch Creek Land, Casinos”
The religious community has been silent on the issue. I’d like to know what they think…and what about that county commish that’s a deacon? It’d he back peddling on his faith if he backin gambling in any form? Politickicans just out for their own hid folks…..their opinions change like the wind. Yet we all vote the lowest common denomentaor…I long ago gave up on gettin somebody in office here that’d stand for somethin!
I’m Glad (proud)I live in Escambia County Alabama!!!
I’m Glad I’m a registerd Voter!!!
I think there’s a lot more folks like myself!!!
I think there will be several new commissioners voted in on the next election that will do what is good for our county!!!
Chris for getting rid of the Greedy Commissioners!!!
REGARDING:
“The (Poarch Band of Creek Indian’s) reservation, including the portion of the reservation that is situated within the geographical boundary of Escambia County, Alabama, is held in trust by the United States for the benefit of the band. As such, the band enjoys all rights and privileges associated with having its reservation held in trust by the United States under federal law.”
Using the IRS definition:
“In general, a trust is a relationship in which one person holds title to property, subject to an obligation to keep or use the property for the benefit of another.”
Question: Who holds title to the land?
Answer: The United States of America.
Question: How much property tax does the band owe on federal property?
Answer: None, they don’t own the property.
Question: How much property tax does the Federal Government owe on federally owned property?
Answer: None, they are exempted by Article 4, Section 3, Clause 2 of the Constitution: “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting – - – Property belonging to the United States – - – “
David thinking the matter is simple
Centuries later the white man is still not happy. Still wanted to take what they can’t have and jsut as greedy and money grabbing as always. Enough already.
Pride and greed will be their down fall.
To the Poarch Creek Tribe. Good for you not being bullied by government officials. This is still your land.
Dianne,if we stayed beat down as the creeks in the “trail of tears” would you then have mercy on us?Is it because the tribe did not stay beat down that you feel this way?Instead they have done the things to become a prosperous tribe and thus have been able to prosper their surroundings.Your “post” seems to have the hiss of jealousy.Because my grandmother was Creek Indian, she was only allowed a 6th grade education.Now the Tribe offers it’s members multiple thousands of dollars to any member who wants to pursue a college degree.No we are no longer walking the’ trail of tears’, but because of my ancestors efforts the “trail of tears” has been transformed to a “super highway”…as far as blue eyed and blonde haired Indian’s….yes not all tribal members are full blooded, thus you have an array of eye and hair colors.Anyway I know this is your opinion and you are entitled to it.
Do u people realize how much the tribe members get each year for birthdays and other things? They r not the Indians from the trail of tears—- if blood test were given wonder how many would really be real indians………ever really seen a blue eyed ,blond indian? go to the creek indians and check them out……
@blah,
sure they receive from the fed’s but you aren’t thinking about when the white man came and took EVERYTHING from them are you? they are owed everything they get!
REGARDING:
“I think all this welfare money needs to be cut out whether to the tribes or whoever..we can not afford it as a nation. I just don’t see how they can be so proud to live off welfare money, we were raised to work not sponge off gov’t for free.”
Not every government payment is welfare. Some is to military personnel. Some is to pay for utilities or rentals. Some is to repay for other services rendered.
In this particular case, our government has recognized that we stole the property from the assorted tribes (I almost called them Indian tribes but stopped myself in the nick of time.) and any efforts toward undoing the damage short of returning it in improved condition is a repayment, not a welfare payment.
The letter is interesting, as well, in that it makes it clear the property is not the property of the tribes but of the Federal Government and that the federal government doesn’t have to pay property taxes.
David for proper names
*off not of
@jesse
That is my point..I get so tired of hearing how grateful we should be to the PCI for all this money that they donate…what I would like to know is how much money they receive from the federal govt..they don’t talk about that. People don’t realize that they are just giving back our own money. With the nations economy the way it is, I think all this welfare money needs to be cut out whether to the tribes or whoever..we can not afford it as a nation. I just don’t see how they can be so proud to live of welfare money, we were raised to work not sponge of gov’t for free. Our nation is going broke and we keep letting people live for free ….crazy
Were it not already built I would urge the Tribe to move their gaming operations just across the state line from Atmore to Davisville and see how a cooperative state and county government can be. Florida welcomes gaming from Indian tribes and is more than happy to share in the revenues from those activities. Alabama residents, please wise up and realize that the Republicans you continually vote for because they are good Christians are holding you back and placed thousands of jobs at risk over their self-righteous “morality”. The Tribe deserves nothing less than gratitude from the City of Atmore and Escambia County, AL. There has been more development in that county in the past 5 years than there would have been in 100 years without the Tribe’s efforts. The Tribe’s members are benefiting directly from this growth, but so is the entire community. I, for one, would not vote for any candidate in any election at the city, county, or state level who did not support the Tribe’s right to operate gaming facilities on what is sovereign territory.
I agree with the distinguished contributor from P-cola…y’all think Smith didn’t get his palm greased for supporting PCI? Read between the lines people…they were all on board with it til it hit the media..
It amazes me how the Native Americans feel that they should not have to pay taxes. Do they use the highways? Awhile back I spent some time in a Creek Indian tribal meeting. The entire meeting was a lesson on how not to pay taxes, and how to receive Federal aid. I was very disgusted and could not believe that what I thought were proud people would have such a sense of entitlement. It has been a long time since they were pushed to Oklahoma on the trail of tears. If the Poarch Creek wish to give to their community as some of you are sharing they should not oppose having to pay taxes. The rest of us pay them.
@Bama64…no thank you, we in Pensacola do not want slots…we don’t even want the dog track. Funny how one of our commissioner’s decided he couldn’t vote his anti-gambling conscious anymore after receiving $ from PCI. Following the money trail really wasn’t all that hard.
Congratulations Wind Creek!!!
Poarch needs better games like cards, and more. They should just install them and ignore the state. They are their own nation
The Escambia County Commissioners need to apologize to the people that put them in office, their decisions they made in no way shape or form was looking out for the county’s best interest. Its easy to say dont give the county another dime, but the generosity of the tribe will most likely continue because of who we are, and we remember the values that our tribal elders strived to keep even in the face of discrimination, hatred, jealously, and greed. The voters need to get these backward self serving people out of office and put them in the unemployment line. Get some leaders in there that want to embrace new ideas and work to bring more businesses into Atmore. The Hardees, a second McDonalds, Hampton Inn. Holiday Inn, the new travel center and a proposed Waffle House didnt happen because of the idiots that are in office, those businesses happened because of the Wind Creek Entertainment facility being there. Otherwise there would be no reason to get off of the interstate. All of you elected leaders that chose to bite the hand that feeds you should resign. Make a change in the elected leadership Escambia county Al.
I hope the other 4 come around to Brandon Smiths way of thinking.If this were a ball game those guy’s would get booed out of the stadium…let it go men and now work on “damage control”.Yall’s rep. has been tarnished.Don’t dwell on what you think the tribe is not doing….but focus on what it is doing to help Escambia County.Lets move ahead for the good of all.
I am so happy about this news. I’m a tribal member and very proud of my heritage. It isn’t a surprise to me to read such negatism about WindCreek. Our tribe is a very giving enitity that has donated millions of dollars to the schools of Alabama. The jobs that were created for the community of Atmore and surrounding counties. In 2009 when we had grand opening to our Casino there were no businesses around except for Muskogee Inn and service station. Since then we have two hotels, McDonald’s, Hardee’s and a Waffle house coming up by interstate. Let’s concentrate on the jobs that have been created and stop finding fault with our Casino and tribe. We have always had a generous heart and no one or nothing will stop us. Our Casino will not break Atmore but look at all the jobs that would be lost. Why not be thankful and leave us alone. Our ancestors paid the price….proud to be Poarch Creek Indian
If you want your own land, get your own government, army and quit taking from the tax payers.
Mnon,
It wasn’t Atmore that started all of this, it was the COUNTY, mostly folks from the east end of it. You can bet Brewton wanted a big slice of the Wind Creek pie!
oh please atmore did not shut down before WC and it would not shut down after WC…I don’t care one way or the other..but I would like to know how much money that PCI receives from the federal gov’t since they don’t pay taxes. If they want to be a stand alone gov’t..then stand alone and stay out of Washington collecting the money that we pay in and they don’t have to.
I wouldn’t give Atmore another dime after all this. I can just about bet commissioners will find another way to try and fleece PCI of money. Watch and see.
I am so very glad they dismissed this. It’s good for the county and the employees. I will seriously be changing my votes when the next elections come around. Now all them people can continue making a living..Good for you Windcreek!!
If I were the PCI, I would continue to be a good neighbor and give to the community, but I would not give the county commission projects any money. We all know when the county gets involved the money normally does not go where it is intended. Just keep the local government out of the PCI pockets!!! I expect the county commission so say it was just a failure to communicate or just a misunderstanding. Now the PCI need to expand their operation (slots) into the Pensacola area at the Pensacola Dog Track!!
Anyone in the “know” knows ALL of the commission was on-board originally….don’t be fooled people…..money talks–other stuff walks.
THANK GOD! ATMORE WOULD HAVE SHUT DOWN OVER THIS AND NONE OF US CAN AFFORD THAT. NO ONE WOULD HAVE BEEN ABLE TO EVEN SELL THEIR HOMES AND MOVE, GROCERY STORES WOULD HAVE CLOSED ETC ETC ETC…..THIS WOULD HAVE HAD A DOMINO EFFECT ON THIS ALREADY POOR LITTLE TOWN AND I DON’T THINK THE COMMISSIONERS EVEN THOUGHT OF THE IMPACT BEFORE THEY WENT AFTER THEM.
Unfortunately, no one will get voted out- Most of the commission have been in office for decades. Good ole’ boy politics at its best. The only Shining Light and “Ray of Hope” for the commission is Brandon Smith- the only one to stand up for what’s right. His fellow commissioners should take some lessons and stop trying to line their and their buddies’ pockets!!!!
What ever happened to “don’t bite the hand that feeds you”. These commissioners have probably messed things up for all of us. Remember this at election time folks.
Boys! We fought the good fight, but it is time for us to retire from the field.
“just saying”, you are on spot with your comment. we have some stupid people in office; constituents beware and watch…..YOUR tax dollars are being spent in pursuit of something that will not come to fruition. voters have the power to remove these people from office.
I would not give them 1 red cent from this day forward. Windcreek has given millions to Alabama and other cities to help them. The Alabama commission that supported this should all be voted out. They approved the build and later tried to extort morte money from them. Greed Greed Greed. Windcreek should devide all the money they would have given them in the future to their people.
Anyone willing to bet the misguided county commission will simply end their pursuit of PCI since they didnt receive the answer they wanted from the feds? Having started a feud with bad legal advise and an ax to grind they will pursue the matter further. At a time when 800 people line up for 20 jobs the Escambia County Commission jeopardized thousands of jobs with their actions. The counties blind greed and arrogance dictates they pursue the matter and waste more taxpayers money in the process. Expect some lame response from the county and an attempt to justify their actions.