Empire Resorts, a gaming company [Web Site], issued a press release today announcing a letter from the Bureau of Indian Affairs that the company says confirms the validity of an off-reservation land-into-trust decision made almost six years ago.

Empire said the BIA sent the letter to New York Gov. George Pataki (R). The BIA told Pataki that the two-part determination for the St. Regis Mohawk Tribe's off-reservation casino in the Catskills is still valid, the company said.

"This letter has removed a good deal of uncertainty regarding our project's federal approvals. There was conflicting information in play, but this clarification has erased all doubts," said David P. Hanlon, the CEO and president of Empire Resorts. Moreover, the favorable determination is just one of five ever granted for off-reservation gaming since the passage of the Indian Gaming Regulatory Act in 1988 - a major achievement today, just as it was in 2000."

The Clinton administration had ruled in favor of the Mohawks for the casino site at the Monticello Raceway. But the tribe switched gaming partners and sites, prompting the BIA to require another review.

The tribe has since gone back to the Monticello site in hopes of reviving the old two-part determination. "This is exciting news and a rather significant development," said Hanlon.

According to Empire, the BIA will make a decision in January 2006 on an environmental assessment submitted by the tribe. After that, the land could be taken into trust within 60 days, the company said.

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Empire Resorts Shares Jump on Casino New (AP 12/21)