Gaming an issue with land-into-trust measure

Monday, October 5, 2009  

Key members of Congress have introduced legislation to fix the U.S. Supreme Court decision in Carcieri v. Salazar but gaming issues might affect passage of the bill.

The bill ensures that all tribes can follow the land-into-trust process. The Supreme Court decision raised doubts for those that weren't federally recognized in 1934, when the Indian Reorganization Act was passed.

Passage of the bill by the Senate Indian Affairs Committee is a "foregone conclusion," a spokesperson for Sen. Byron Dorgan (D-North Dakota), told The Providence Journal. Whether it gets to the Senate is another issue.

"Harry Reid is the majority leader. If he wants to use his influence, maybe he can keep the Dorgan bill from being voted on," William Thompson, a gambling expert at the University of Nevada at Las Vegas, told the paper, referring to Sen. Harry Reid, who has raised concerns about gaming bills in the past.

Another concern comes from Rhode Island, whose delegation doesn't want the Narragansett Tribe to open a casino. The bill would ensure the tribe can acquire land for housing but it could also lead to gaming.

"There’s no way I see a land deal like this getting done until the entire congressional delegation and the people of Rhode Island agree," Rep. Patrick J. Kennedy (D-Rhode Island) told the paper.

Get the Story:
Bill would help tribes in gambling ventures (The Providence Journal 10/5)
Federal bill could get Middleboro casino plans back on track (The Brockton Enterprise 10/5)

Land-Into-Trust Bill:
S.1703 | H.R.3697 | | Dorgan Floor Statement

Supreme Court Decision:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]

Supreme Court Documents:
Oral Argument Transcript | Briefs