Shinnecock Nation recognition raises casino issue

Wednesday, December 16, 2009  

The Shinnecock Nation of New York received a favorable preliminary decision on its federal recognition petition on Wednesday and talk immediately turned to gaming.

The first big issue is land. The tribe resides on an 800-acre reservation but the land is not in trust. Other tribal parcels on Long Island aren't in trust either.

The tribe's land efforts could face questions under the U.S. Supreme Court decision in Carcieri v. Salazar. The court restricted the land-into-trust process to tribes that were "under federal jurisdiction" in 1934.

The BIA's press release yesterday noted the tribe's continuous existence on a "state Indian reservation" since 1703 but didn't say whether it considered the tribe to be "under federal jurisdiction" in 1934.

The second big issue is Class III gaming. The tribe needs to negotiate a compact with the state in order to operate slot machines, card tables and other Class III games.

Get the Story:
U.S. Eases Way to Recognition for Shinnecock (The New York Times 12/16)
Long Island Tribe Nears Federal Recognition (The Hartford Courant 12/16)
Bingo! for LI tribe -- could get casino (The New York Post 12/16)
Shinnecocks earn preliminary approval (AP 12/15)

Relevant Documents:
Bureau of Indian Affairs Press Release (December 15, 2009)

Earlier Story:
Shinnecock Nation wins federal recognition ruling (12/15)