With the Obama administration poised to place 54 acres in trust for the Tohono O'odham Nation of Arizona, the tribe wants to know for certain whether gaming can occur on the land.

The Bureau of Indian Affairs plans to place the land in trust by May 16. If gaming is approved, the tribe can build the West Valley Resort at the site.

"The Nation has been very open with our plans to construct the West Valley Resort on our property - a complex that in addition to a hotel, convention center and retail space, will include a gaming component," Chairman Ned Norris Jr. said in a press release, The Glendale Star reported. "We have chosen to move forward with obtaining a gaming determination now to emphasize our dedication to this project, the surrounding communities, and others."

Generally, the Indian Gaming Regulatory Act bars gaming on newly acquired land. But the law contains an exception for land acquired in connection with a land claim settlement.

The tribe acquired the 54 acres under a land claim settlement approved by Congress. That should make the land eligible for the exception, according to the tribe.

Since IGRA's passage in 1988, only two tribes -- the Seneca Nation and the Wyandotte Nation -- have been able to open casinos in connection with a land claim.

Get the Story:
Tohono O’odham Nation requests gaming determination from DOI (The Glendale Star 4/21)

District Court Decision:
Gila River Indian Community v. DOI (March 3, 2011)

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