A federal judge refused to order the Obama administration to make a decision on the
Wyandotte Nation off-reservation casino application in Kansas.
The tribe sued the
Bureau of Indian
Affairs for failing to approve a land-into-trust application for 10.5 acres
in Park City. A land claim settlement mandates that the property be placed in
trust but the Obama administration has yet to take action.
Judge Julie Robinson acknowledged that the tribe has been waiting for a least five years for a decision.
"This indefinite and protracted delay tips this factor in the Nation’s favor," she wrote.
However, she said the record shows that the BIA has taken concrete steps to process the application. Assistant Secretary Kevin Washburn has actively responded to issues raised by the tribe and the state, the decision noted.
"The [Assistant] Secretary has recently met with representatives of both the
Nation and the State, and the investigation is active and ongoing. Under these circumstances, the
court finds this factor weighs in the Secretary’s favor," Robinson wrote.
In the end, Robinson said the balance tipped in favor of the federal government. She said there is no evidence that the tribe's application has been treated differently than others or has been ignored by the BIA.
"Rather than a breakdown of the regulatory process, however, the court agrees that the Secretary’s decision to reassess its review of the application reflects a legitimate effort to adequately address the factual and legal validity of the Nation’s application and the State’s detailed and specific accounting and
fund allocation concerns," Robinson concluded.
In hopes of resolving the dispute, Robinson ordered the BIA to provide quarterly updates on its progress. The first one is due in 90 days.
Get the Story:
Judge rejects Wyandotte Nation's claims over Park City casino land, leaves decision to feds
(AP 4/10)
District Court Decision:
Wyandotte Nation v. Salazar (April 10, 2013)
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