The 9th Circuit Court of Appeals on Monday ordered the Obama administration to take a second look at Tohono O'odham Nation off-reservation casino site. The Bureau of Indian Affairs agreed to place 54 acres in trust for the tribe under the Gila Bend Indian Reservation Lands Replacement Act of 1986. The law requires the BIA to place up to 9,800 acres in trust to replace a reservation that was destroyed by the federal government. The land, however, must not be "within the corporate limits of any city or town," according to the text of the law. The 9th Circuit ruled that the BIA's interpretation of the term "within" needs to be reconsidered. "Who knew that such a straightforward sounding phrase, 'within the corporate limits,' could generate such competing views," the court said in a 2-1 decision. The land at issue is surrounded by the city of Glendale. It was not a part of the city when it was purchased by the tribe but the city and the state of Arizona argue that it could fall "within" the city depending on the BIA's interpretation of the term. The 9th Circuit remanded the issue to the BIA. Get the Story:
New federal ruling casts doubt on O'odham plan for Glendale-area casino plans (Capitol Media Services 5/21)
Appeals court orders re-examination of Glendale casino ruling (The Arizona Republic 5/21)
Casino site unresolved (AP 5/21)
Appeals court issues ruling on proposed Tohono O'odham casino (KJZZ 5/20)
U.S. Court of Appeals Decision Favors Tohono O'odham Nation but Requires Feds to Better Explain Decision to Approve West Valley Reservation (The Phoenix New-Times 5/20) 9th Circuit Decision:
Glendale v. US (May 20, 2013)
Related Stories
House panel considers Tohono O'odham
Nation gaming bill (5/17)
Join the Conversation
