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The Federal Bureau of Indian Affairs announced Friday its rejection of a proposed amendment that would require the state to cover any losses the Potawatomi Tribe might see if the Kenosha casino gets underway.

A representative from the Menominee Tribe told FOX 6 News that the Bureau’s decision should make it easier for Gov. Scott Walker to approve the casino.

The state agreed last fall to make payments to the Potawatomi if the tribe’s Milwaukee casino and hotel experienced any losses the Menominee doesn’t cover.

Whether or not the conditions contained in the agreement are constitutional remains to be seen Attorney R. Lance Boldrey wrote in a letter to the Bureau of Indian Affairs, because the governor doesn’t have the authority “to create annual spending obligations,” a story in The Journal Times reads.

The Potawatomi will be filing a federal lawsuit, Forest County Potawatomi Attorney General Jeff Crawford told Fox 6.

“While it is unfortunate that the Bureau of Indian Affairs (BIA) has rejected this compact amendment, the Potawatomi are confident that it will be re-instated by the courts. The Potawatomi will be filing a lawsuit in federal court in the coming days and are confident this compact amendment will eventually become legally binding,” he said in a statement.

Walker has said he would make his decision by Feb. 19.