Little Shell seeking to transfer some land to federal trust for proposed event center

The Little Shell Tribe of the Chippewa Indians submitted an application to the U.S. Bureau of Indian Affairs for a fee-to-trust transfer of about 136-acres for their proposed entertainment complex that would include:
  • a casino
  • 200-room hotel
  • indoor waterpark
  • bowling alley and arcade
  • 8,200-seat arena
  • restaurants and bars
  • associated parking and utilities

The BIA issued a notice of intent for the proposed transfer on Jan. 19.

The City of Great Falls and Cascade County received the notice in late January.

The BIA, serving as the lead federal agency, is preparing an environmental assessment to analyze the potential environmental consequences of the proposed entertainment complex under the National Environmental Policy Act.

The January notice announced the initiation of a formal public scoping process, inviting interested parties to submit comments by Feb. 19 identifying potential environmental issues, concerns, reasonable mitigation measures and alternatives to be considered in the environmental assessment.

The property being considered for the fee-to-trust transfer is three parcels just north of Valleyview Drive between 9th Street Northwest and Stuckey Road.

In a separate action, the Little Shell submitted an annexation request on Dec. 15 to the city for what’s been dubbed Good Medicine, of 18.4 acres for development of 41 single family homes, 18 townhomes and 46 apartments.

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The proposed housing project has been discussed several times at Neighborhood Council 3 meetings since December.

During those meetings, area residents have expressed concern over traffic, public safety and infrastructure in the area, often conflating the two projects.

City planning staff are reviewing the request and working on a development agreement with Little Shell officials. The draft includes a provision regarding the cost and responsibility for public services should the land go into federal trust after the annexation, according to staff.

The annexation will first go before the city planning board, then city commission, but those hearings aren’t scheduled until a development agreement is finalized. The earliest the request could go before planning board is March 24.

That process includes analysis of traffic and infrastructure.

City officials have submitted a response to the federal notice regarding any potential concerns for the proposed entertainment complex.

The city retained outside legal counsel to assist in the conversation with the Little Shell as “their project is truly breaking new ground in Montana between a local municipal entity and a newly formed tribal nation,” City Manager Greg Doyon told The Electric.

Little Shell officials discuss proposed event center with neighborhood council [2025]

The city filed a request with the BIA to become a cooperating agency as part of the NEPA, which allows the city to participate more directly in the process under federal law, but does not signal approval of the project, Doyon said.

Terra Branson, a representative for the Little Shell on the project, said that the fee-to-trust application is solely for the resort and event center and that “it has no plans to transfer the housing development into trust status.”

She said the Tribal Council has contemplated submitting future non-gaming related trust applications related to core tribal operations.

The Tribe is hoping to receive approval for the pending application within the next two to four years, Branson said.

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The BIA told The Electric that this early in the process it’s difficult to estimate a timeline, but the BIA expects to complete the environmental assessment process within a year of issuing the notice on Jan. 19.

If the BIA issues a favorable two-part determination, the assistant secretary of Indian affairs will send that determination to the governor, who has one year to concur in that determination, with the option for an additional 180 days, under federal law, according to the BIA.

If the federal government approves the Little Shell’s resort and event center, it would be regulated by the National Indian Gaming Commission, a federal agency overseeing tribal gaming operations, Branson said. The Little Shell would be open to entering into a gaming compact with the state, in which the state and Little Shell agree to certain aspects of the operation. She said the State of Montana has negotiated gaming compacts with several tribal nations.

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If the three parcels for the entertainment complex are transferred into federal trust, it would become property of the U.S. held in trust on behalf of the Little Shell and would be subject to federal and tribal land use regulations, but not local land use regulations, according to both Branson and the BIA, in response to The Electric’s questions.

Branson said that “trust land is subject to the Tribe’s jurisdiction, but the Tribe is subject to federal statute and regulations, which often require that the Tribe meet or exceed local regulations.”

Local officials and residents have had questions pertaining to how the entertainment complex would impact local infrastructure and public safety resources.

In an emailed response to The Electric’s questions, a BIA spokesperson said that tribes and local governments often negotiate mutually beneficial intergovernmental agreements to address the provision of services on a tribe’s trust land, including water, sewer, road improvements and fire and emergency medical services.

County approves Little Shell property rezone [2023]

Branson told The Electric that the Little Shell would be responsible for negotiating agreements with appropriate parties for utilities and public safety and that the “Tribe is committed to paying its fair share, similar to other developers in the region.”

At this point, there’s been no request to annex the parcels being considered for trust land and the entertainment complex into the city.

Branson said the Little Shell would negotiate with the city and/or the county for payment for any required services to “ensure that no burden is placed on them. This project will be an economic boon for the region.”

The Little Shell is currently working with the BIA to develop and and establish the Little Shell Police Department, hopeful to finish the initial planning stages this summer, Branson said.

If the property is transferred to trust, it becomes federal land. Generally, tribes don’t have criminal jurisdiction over non-Indians, so if a non-Indian committed a crime on the trust land, they’d be subject to federal charges brought by the U.S. Attorney’s Office.

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During a Feb. 5 Neighborhood Council 3 meeting, some residents mentioned that the Rocky Boy Reservation had some involvement in the local project.

Branson said that the Little Shell “is its own sovereign nation and Rocky Boy is not involved in this project. No other tribe can take over the Little Shell Tribe’s land.”

City officials briefly discussed the fee-to-trust application during the Jan. 28 commission retreat. During that meeting, City Manager Doyon said they had a question of what would happen if the Little Shell annexed land into the city and then went into trust.

He said the city would need an agreement before annexation to address impacts if land were to later go into trust.

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During the Feb. 17 work session, Commissioner Rick Tryon asked if they needed a work session on the Little Shell projects and trust application.

Doyon said city staff were developing their submittal to BIA as part of the process and that he’d contacted Little Shell Chairman Gerald Gray to discuss the process.

Doyon said he suggested that both the city and Little Shell create publicly accessible websites about the process so both agencies can post documents and information.