Indian Gaming

The 9th Circuit Court of Appeals on Tuesday heard another round of arguments in the Tohono O'odham Nation off-reservation casino dispute.

The Arizona Legislature enacted HB 2534 in order to annex the tribe's property and bar the Bureau of Indian Affairs from placing the land in trust. A federal judge ruled that the law was pre-empted by federal law so the state appealed to the 9th Circuit.

The judges who heard the case appeared to be skeptical of the state, Courthouse News reported. They noted that the law went into effect only after the tribe submitted its land-into-trust application.

The tribe plans to build the West Valley Resort on 135 acres near the city of Glendale. The BIA agreed to place 54 acres in trust but could acquire the entire site if the 9th Circuit agrees that the state law is pre-empted.

The Gila Bend Indian Reservation Lands Replacement Act of 1986 mandates that the BIA place up to 9,800 in trust to replace a reservation that was destroyed by the federal government. The law only applies to land that is outside of municipal limits so annexation was seen by state lawmakers as a way to stop the casino.

The 9th Circuit upheld the intent of the law in a September 11, 2012, decision.

Get the Story:
Tohono O'Odham Casino Plan Wages On in the 9th (Courthouse News Service 2/14)

Earlier 9th Circuit Decision:
Glendale v. US (September 11, 2012)

Related Stories:
Mayor appears open to Tohono O'odham Nation casino plan (2/12)