Casino Stalker | Legislation

Bill could affect Tohono O'odham Nation off-reservation plan

Wednesday, April 13, 2011

Sen. Jon Kyl (R-Arizona), who is retiring from Congress, is co-sponsoring a bill that could affect Tohono O'odham Nation off-reservation casino.

S.771, the Tribal Gaming Eligibility Act, places restrictions on new casinos. The bill eliminates the land claim exception in the Indian Gaming Regulatory Act, which the Tohono O'odham Nation has been citing as the basis for its proposed West Valley Resort.

Without the land claim exception, the Tohono O'odham Nation would have to demonstrate a "substantial modern connection" to the land if the bill becomes law Among other factors, the gaming site has to be within a 25-mile radius of "tribal headquarters or other tribal governmental facilities" on the reservation.

According to The Arizona Republic, the closest part of the reservation is 50 miles away. So the tribe apparently won't be able to meet the requirements of the bill.

But if the Bureau of Indian Affairs finalizes the tribe's land-into-trust application before the bill becomes law, the casino might not be affected. Government attorneys have told a federal judge they want to take action by May 16.

"The Indian Gaming Regulatory Act was originally intended to promote tribal economic development and self-sufficiency -- not to enable tribes to become gambling enterprises that constantly expand to new casino locations," Kyl said in a press release last week.

Get the Story:
Bill on 'reservation shopping' may affect casino near Glendale (The Arizona Republic 4/12)

District Court Decision:
Gila River Indian Community v. DOI (March 3, 2011)