With the federal Bureau of Indian Affairs usually having the last word about whether an Indian casino should be built, last month in New York there was some good news and some bad news for state tribes. The BIA confirmed the validity of the 2000 land to trust "two-part determination" for the Monticello Raceway, the Catskills site where the St. Regis Mohawk Tribe and Empire Resorts Inc. want to build a $500 million casino resort. "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, 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." If New York Governor George Pataki agrees, the land could be taken into trust within 60 days of BIA making a determination, Empire says. Meanwhile, the BIA declared that it is not legally bound to accept a federal judge's recognition of New York's Shinnecock Indians. Therefore, the Long Island tribe has been crammed back into the long, clogged pipeline where BIA stores recognition applications. That could extend the Shinnecocks' 27-year quest by at least four more, also stalling plans for a casino on the tribe's land in Long Island's Hampton Bays. If the Shinnecock tribe has any legal tactics in mind to compel U.S. District Judge Thomas Platt's November decision, it wasn't talking. It issued a statement claiming that the U.S. Interior Department, which oversees BIA, lacks authority to ignore a court's determination and noting that Interior has added "numerous" tribes to the recognition list after a court's determination of tribal legitimacy. Among them is the Mashantucket Pequot, which runs the Foxwoods Resort Casino in Connecticut. In the Shinnecock case, Interior in December told U.S. Senator Charles Schumer (D-New York) it needn't heed Platt's decision because it was not involved in the proceedings leading to his ruling. Now, as far as BIA is concerned, the Shinnecock tribe is in line with nine more tribes that have recognition applications complete. Seven others are under review now. In all, 220 tribes have applied to be added to the list of 561 recognized tribes.

By Casino Connection Staff

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