Lawmakers weigh in as Menominee compact amendment sent to federal officials ahead of casino deadline



KENOSHA (WITI) -- A deadline is looming for Governor Scott Walker to make a decision on the proposed Kenosha casino. That deadline is February 19th -- and the Menominee Tribe believes a move made this week helps to pave the way towards the project's approval.

The Menominee Tribe announced Tuesday, January 20th the tribe and the state executed an amendment to the tribe's gaming compact regarding the proposed casino. That compact amendment has now been sent to the federal Bureau of Indian Affairs for approval.

It is a move the tribe is celebrating. Menominee tribal leaders say the compact eliminates the risks that the Kenosha casino could ultimately cost the state millions of dollars. It is important to note, the agreement does not finalize the approval of the casino -- but the Menominee Tribe considers this a big step towards that approval.

On Wednesday, lawmakers at the State Capitol were weighing in.

State Rep. Samantha Kerkman (R-Salem) says she hopes the compact amendment will help ease whatever hesitation Governor Walker may have about the proposed Kenosha casino.

"I hope that the Governor gets to 'yes.' From everything that we have done over the last 17 months on this particular project, I think the criteria that he set out -- we`ve kind of answered all those questions," Rep. Kerkman said.

The land and shell of the former Dairyland Greyhound Track is the site for a proposed casino.

The Potawatomi Tribe, which operates a casino in Milwaukee, is opposed to the project — citing unfair competition that would result in economic and job losses in Milwaukee.

The Potawatomi hoped the Bureau of Indian Affairs would approve a compact amendment that would require state taxpayers to refund $100 million in potential lost revenue to the Potawatomi Tribe. That amendment was rejected. If the amendment had been approved, it may have put the state on the hook to make up any money the Potawatomi Tribe lost if the Kenosha casino comes to fruition -- a risk that would likely caused Governor Walker to kill the plan.

The Menominee Tribe said this in a statement to FOX6 News Tuesday evening, January 20th on their compact amendment:

"The compact amendment addresses perceived risks to the state, provides the state with increased revenues, covers the state’s cost associated with the concurrence and ensures the Governor’s concurrence will not result in a reduction in associated state gaming revenues. The compact amendment provides certainty for Governor Walker that when he approves the Kenosha casino it will result in the win-win-win he has sought since the BIA approved the Menominee’s proposal in 2013."


Mike Huebsch, the state's treasurer, has issued a "Memo" to Governor Walker -- warning of actions that have been taken or could be taken by the Potawatomi Tribe -- saying in part:


"The Forest County Potawatomi Community has filed or will file several lawsuits that could have significant consequences to the State if the Menominee Indian Tribe of Wisconsin's proposed Kenosha casino is approved. While the specific relief sought by Potawatomi varies depending on the specific legal challenge, the exposure to the State remains the same. Overall, the potential exists for the State to lose hundreds of millions of dollars if the Potawatomi successfully challenges approval of the proposed Kenosha casino. We believe the State has strong defenses to these challenges and others that may arise. However, any challenge to the approval impacts the profitability of the proposed Kenosha casino and reduces the ability of the Menominee to cover losses to the State."


READ IT: Secretary Mike Huebsch's Memo to Governor Walker.

The Potawatomi Tribe has issued this statement to FOX6 News on the Menominee Tribe's compact amendment:


“The Potawatomi are reviewing the proposed compact amendment from the State and Menominee. However, it’s clear that this compact amendment does not remove the risk that a Kenosha casino could put a substantial hole in Wisconsin’s budget, and it does nothing to stop the hundreds of millions of dollars that will be sent to the Florida Seminole Tribe who will develop and operate it.”


"Regardless of what the Governor decides, I believe there will be lawsuits," Rep. Kerkman said.

The compact amendment doesn't address funds the city of Milwaukee and Milwaukee County could lose if a casino is permitted in Kenosha.

"If revenue is lost at the Potawatomi Casino, that is a reduction of dollars that flow both to the city and to the county. The concern for a Milwaukee resident and taxpayer is if a Kenosha casino goes up, revenue goes down in Milwaukee and we no longer have the same pot of money that we get to use for our crucial services in the city," Rep. Evan Goyke (D-Milwaukee) said.

In August 2013, the Bureau of Indian Affairs in the U.S. Department of Interior approved an application to allow the Menominee Indian Tribe of Wisconsin to construct and operate a casino in Kenosha—pending the approval of the Governor of Wisconsin. Again -- Governor Walker has until February 19th to make a decision.

CLICK HERE for further Kenosha casino coverage via FOX6Now.com.