Gila River Tribe seeks to join Tohono O'odham casino lawsuit

Monday, May 17, 2010  

The Gila River Indian Community is opposing the off-reservation casino sought by the Tohono O'odham Nation of Arizona.

The Gila River Tribe says the proposed casino would encroach on its aboriginal territory. The Tohono O'odham site is in Glendale, about 8 miles from the Gila River Reservation.

Judge John Bates of the federal district court in Washington, D.C. has not ruled on the request but he rejected a motion filed by the Obama administration to transfer the case to Arizona. The Gila River Tribe submitted an amicus brief in support of the government's motion to transfer.

The Tohono O'odham Nation acquired the site in 2003. Generally, the Indian Gaming Regulatory Act bars gaming on land acquired after 1988.

However, Congress passed a land claim settlement act that said the tribe can acquire "unincorporated" land to replace a reservation the tribe lost due to actions by the federal government. As a result, the tribe says it qualifies for an exception in IGRA that applies to land claim settlements.

The Obama administration has not made a decision on the tribe's land-into-trust application and it hasn't determined whether the tribe qualifies for an exception. The lawsuit seeks to compel a decision.

Turtle Talk has posted documents from the case, Tohono O'odham Nation v. Salazar.

Get the Story:
Gila River Indian Community opposed to Tohono O'odham Nation property approval (Capitol Media Services 5/15)
Gila River Indian Community Takes Legal Action to Block Tohono O'odham Nation's Proposed West Valley Casino (The Phoenix New-Times 5/14)

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