Tribes join race for commercial casino in Virginia

Wednesday, January 8, 2020  

Two Indian nations are looking to land a commercial casino in Virginia while a third keeps its options open after recently gaining federal recognition.

The Eastern Band of Cherokee Indians on Tuesday announced a partnership to bid on a casino in the southwestern part of the state. The Seminole Tribe, through its Hard Rock International brand, is already part of a second proposal in the same area -- just a mile away, in fact, according to news reports.

Both tribes have extensive experience in gaming. The Eastern Band operates two tribal casinos on its homelands in neighboring North Carolina while Hard Rock oversees a vast empire of tribal and commercial facilities in Florida and around the world.

Both tribes, however, must wait on further action from the Virginia Legislature. Lawmakers have yet to authorize gaming, with the southwestern region up for consideration as one of the areas where a commercial casino would go.

The Pamunkey Tribe, whose federal recognition became final in 2016, is also in the game. Options include a commercial project, assuming state lawmakers follow through after receiving the results of a gaming study in late November.

Or the tribe could pursue a casino under the Indian Gaming Regulatory Act, a federal law. Going that route will likely take several, if not more years, as it requires the acquisition of land through the cumbersome fee-to-trust process as well as the negotiation of a Class III gaming compact with the state, all under the threat of litigation and shifting political winds.

The Pamunkey Reservation is located near Richmond, the state capital. The tribe is not looking to build a casino there, however, having recently signed an agreement with the city of Norfolk, further south near the border with North Carolina.

Virginia is home to six other federally recognized tribes whose status was acknowledged by an act of Congress. Under the law, they are barred from engaging in gaming on any of their lands.

The Pamunkeys are not bound by the same restriction, having gained status through the federal acknowledgment process at the Bureau of Indian Affairs. However, the tribe faces other hurdles, such as the U.S. Supreme Court decision in Carcieri v. Salazar, which has prevented at least one recently recognized Indian nation from opening a casino.

Cherokee leaders propose casino resort in Virginia (WLOS January 7, 2020)
Eastern Band of Cherokee Indians proposes casino in Washington County, Va. adding to high-dollar competition (The Richmond Times-Dispatch January 7, 2020
Developers of proposed casino betting on competitive process (The Bristol Herald-Courier January 7, 2020)
Casino proposed for Washington County, Va. (The Bristol Herald-Courier January 8, 2020)
New casino proposed for Bristol area of Southwest Virginia (The Associated Press January 8, 2020)
Virginia: Eastern Band of Cherokee Indians unveils casino resort project (YogoNet January 8, 2020)

James A. Bacon: Now the Cherokee Want to Build a Casino in Virginia (Bacon's Rebellion January 8, 2020)

• Intergovernmental Agreement By and Between The Pamunkey Indian Tribe And The City of Norfolk, Virginia
• An Ordinance approving an intergovernmental agreement between the Pamunkey Indian Tribe and the City of Norfolk, approving an option to purchase between the City of Norfolk and Golden Eagle Consulting II, LLC

Pamunkey Tribe asserts rights after release of gaming study (November 25, 2019)
Pamunkey Tribe keeps options open in pursuit of $700 million casino (September 27, 2019)
Virginia enters new era with gaming devices resembling slot machines (July 8, 2019)
Virginia gaming study bill becomes law as new betting machines arrive (March 25, 2019)
Pamunkey Tribe stands to gain with historic action on gaming in Virginia (February 25, 2019)
Pamunkey Tribe clears first hurdle with bill to authorize casino under state law (January 21, 2019)
Pamunkey Tribe willing to operate gaming facility under state law (January 16, 2018)
'Like dropping a bomb': Nansemond Indian Nation bashes another tribe's casino plan (January 14, 2019)
Pamunkey Tribe finds welcoming host community for potential casino (December 19, 2018)
Pamunkey Tribe sees support for gaming development in Virginia (December 6, 2018)
Editorial: Don't let prejudice stand in the way of tribe (November 29, 2018)
Pamunkey Tribe still working on casino plan after winning recognition (November 28, 2018)
'Economic self-sufficiency': Pamunkey Tribe pursues casino in Virginia (June 14, 2018)
Pamunkey Tribe not invited to local meeting about casino plan (May 23, 2018)
Former chief of Pamunkey Tribe slams gaming plan as 'recipe for disaster' (May 11, 2018)
Pamunkey Tribe pushes for casino as Virginia opens door to new machines (May 7, 2018)
Pamunkey Tribe partners with billionaire developer in push for casino (April 25, 2018)
Pamunkey Tribe connected to acquisition of land by gaming company (April 23, 2018)
Pamunkey Tribe announces plans for $700 million gaming facility (March 16, 2018)