"The "land into trust" concept for approving tribal acquisition of off-reservation acreage for various purposes – including gaming – has proven to be so unnerving and time-consuming that it is clearly difficult for non-tribal members to appreciate.

One issue clearly revolves around the time horizons, which require extraordinary patience. Another revolves around the concept of "trust," which has various meanings.

As for patience, consider the Cowlitz, a landless tribe in Washington state that has been trying to redress grievances that can trace their origins back to the Lincoln administration (yes, Abraham was the first name) that opened their area up to settlers.

As for trust, consider some of the reactions to a June 18 memo from US Interior Secretary Ken Salazar that was designed to explain the process and ensure transparency and a timely processing of claims.

Salazar’s memo spells out the "two part" determination rule established by the Indian Gaming Regulatory Act, including "(1) a determination by the Secretary that the gaming establishment is in the best interest of the tribe and would not be detrimental to the surrounding community; and (2) the concurrence of the state's Governor. The review of these applications is appropriately lengthy and deliberate. Given the complicated issues that applications of this nature raise, and the various levels of review and approval involved, they have been approved rarely despite a number of submissions over the years."

Salazar is clearly being candid, noting that only five such applications have been approved in the 20 years since IGRA’s adoption.

Still, when you put memos and rules aside, the real issues are quite human. Some tribal members have complained that the second part of that two-part determination can often be guided by political concerns that have their roots in blatant prejudice."

Get the Story:
Analysis: Indian Gaming Hopefuls Tested By Patience, Politics Over Land-Into-Trust Process (Gaming Industry Observer via Pechanga.net 8/13)