Legislation | Openings & Closings

Tohono O'odham Nation slams action on bill that blocks casino

Thursday, April 30, 2015

Ongoing construction of the West Valley Resort near Glendale, Arizona. Image from Facebook

The Tohono O'odham Nation of Arizona spoke out after the Senate Indian Affairs Committee approved a bill that prevents the tribe from using its trust land for a casino.

S.152, the Keep the Promise Act, does not mention the tribe by name. Instead, it bars Class II and Class III gaming on land placed in trust in the "Phoenix metropolitan area" after April 9, 2013 -- a situation that only applies to the Tohono O'odham Nation

"This legislation hearkens back to an era of broken treaties and false promises," Chairman Ned Norris Jr. said in a press release.

Indianz.Com SoundCloud: Senate Indian Affairs Committee Business Meeting to Consider S. 152

The West Valley Resort is being constructed on a site that was placed in trust in connection with a land claim settlement. The Gila Bend Indian Reservation Lands Replacement Act of 1986 compensates the tribe for a reservation that was flooded by the federal government.

"If this legislation passes, all tribes should question whether Congress can be trusted to keep its word in land and water rights settlements," Norris said.

The Indian Gaming Regulatory Act, generally, bars gaming on land acquired after 1988. But Section 20 contains an exception for land claim settlements like the Tohono O'odham Nation's.

Artist's rendering of the West Valley Resort now under construction near Glendale, Arizona. Image from Tohono O'odham Nation

Even though Congress passed IGRA with knowledge of the 1986 settlement and included the land claim exception, Sen. John McCain (R-Arizona) nonetheless accused the tribe of violating the "letter and spirit" of the law at a business meeting yesterday when S.152 was approved.

"I know what the intent of Congress was because I wrote the bill," McCain said, referring to IGRA.

In the history of IGRA, only one other tribe -- the Wyandotte Nation of Oklahoma -- has successfully opened a casino in connection with a land claim settlement.

Chairman Ned Norris Jr. signed the last steel beam that's part of the initial structure for the West Valley Resort near Glendale, Arizona. Photo from Facebook

The West Valley Resort is due to open later this year. Chairman Norris said passage of the bill endangers 1,300 construction jobs and 3,000 permanent jobs.

The House Natural Resources Committee approved H.R.308, an identical version of the bill, last month. It was approved for placement on the House calendar yesterday so it could come up for a vote anytime.

Last Friday, the Congressional Budget Office, the non-partisan analysis agency, issued a cost estimate for the bill that said it could cost the federal government $1 billion or more if it becomes law because the tribe could seek damages from being denied the use of the trust site.

Get the Story:
Senate committee moves to block Glendale casino (Capital Media Services 4/30)
Senate panel's vote raises stakes in fight over W.V. casino project (The Glendale Daily News-Sun 4/30)
Senate committee passes bill to block casino near Glendale (The Arizona Republic 4/30)
West Valley leaders call for action (The Glendale Star 4/30)

An Opinion:
Editorial: ‘Keep the promise’ a billion-dollar bust (The Glendale Star 4/30)

Committee Notice:
Business Meeting to Consider S. 152 (April 29, 2015)