Bill 16-32 Resolution to approve agreement with Pokagon Band of Potawatomi Indiana

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EXECUTION COPY LOCAL AGREEMENT This "Agreement" is made on the day of March, 2016 by and between the POKAGON BAND OF POT AWATOMI INDIANS (the ",Band "), the POKAGON GAMING AUTHORITY, an unincorporated instrumentality ofthe Band ("PGA!), and the CITY OF SOUTH BEND, a municipal corporation existing under the laws of Indiana ((he "City'). RECITALS A. The Band, pursuant to 25 U.S.C. ,§§ 1300j et sea. (the "Restoration Act "), A. a federally recognized Indian tribe :recognized as eligible by the Secretary of the Interior for the special programs and services provided by the United States to Indians because, of their status as Indians, and is recognized as possessing powers of self - government., B. The Restoration Act sets forth a 10 county service area in southwestern Michigan and northern Indiana in recognition of the Band's ancestral homelands, and the anticipated acquisition by the Band of lands within its service area to be taken into trust by the federal government. The Band and the Secretary of the Interior have entered into a Memorandum of Understanding, executed by the Secretary on January 11, 1999 (the "MOU ") , that establishes general principles setting forth the geographic areas within which the Band will acquire land to submit to the Secretary to be taken into trust. The Band is directed pursuant to "the MOU to concentrate such acquisitions within four geographic areas, known as "consolidation sites ", in the vicinity of: New Buffalo, :Michigan, Hartford, Michigan; Dowag ac, Michigan; and South Bend, Indiana. C. The Band acquired approximately 166 contiguous acres of land located within the City and bounded by Prairie Avenue (State Road 23), U.S. Highway 31, and Locust Road, as identified in the attached Exhibit A (the "Site "). D. On or about May 14, 2012, as provided in the Restoration Act and the MOU, the Band filed an application with the U.S. Department of the Interior, Bureau of Indian Affairs ( "Trust Land Application "), to have the Secretary of the Interior take title to the Site in trust for the Pokagon Band of Potawatomi Indians, Michigan and Indiana. E. The Band's plans and foreseeable development for the Site include a tribal village with 44 housing units and a multi- purpose facility with health service and other tribal government facilities ( "Tribal Village "). In accordance with Pokagon Band law and the Indian Gaming Regulatory Act of 1988, P.L. 100 -497, 2 �� (IGRA "), planned and foreseeable development of the Site alsf incFjhW ktG"i MAR 2.3 2016 KAREEMAH FOWLER CITY CLERK, SOUTH REND, IN