Legislation | Openings & Closings

Tohono O'odham Nation fights rival tribes for right to new casino

Thursday, October 22, 2015

Leaders of the Tohono O'odham Nation signed the last steel beam for the West Valley Resort in Glendale, Arizona. Photo from Facebook

The Tohono O'odham Nation of Arizona is waging a high-stakes battle on Capitol Hill in defense of its gaming rights.

So far this year, the tribe has spent $1.29 million on lobbyists, according to the Center for Responsive Politics. The figure is approaching the $1.59 million that the tribe spent during all of 2014.

But the spending is being outpaced by a rival tribe. The Gila River Indian Community so far this year has spent $1.64 million, according to the center, in an attempt to prevent the opening of a new casino in the Phoenix area. The Salt River Pima-Maricopa Indian Community, another opponent, has spent $250,000 so far.

The Tohono O'odham Nation plans to open the West Valley Resort in December. The facility is located in Glendale, a suburb on the western side of Phoenix.

Arizona Casino Wars: Tribes battle over new gaming facility in the Phoenix area

The Gila River Indian Community, on the other hand, operates three casinos on the southern side. The tribe's leaders contend the West Valley Resort breaks a promise against new casinos in the Phoenix area.

A lawsuit in federal court, though, was unsuccessful. The Tohono O'odham Nation's Class III gaming compact contains no limitation on the tribe's future developments, Judge David Campbell ruled in May 2013.

The case is now pending before the 9th Circuit Court of Appeals. A decision hasn't been issued but in the event of a loss, the Gila River Indian Community wants Congress to prevent the opening of the West Valley Resort.

The Keep the Promise Act (S.152 | H.R.308) does not mention any tribes 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.

After clearing two key committees, the legislation is ready for action in the House and Senate. Passage could cost the federal government as much as $1 billion, the Congressional Budget Office determined, for denying the tribe the right to use its land.

"The last thing we need is Congress butting in and breaking faith with the tribes, killing jobs, and potentially opening the federal government up to a billion dollar lawsuit," Rep. Raul Grijalva (D-Arizona), the top Democrat on the House Natural Resources Committee, told The Daily Beast.

The bill is due to be considered by the House next under a process that typically applies to non-controversial legislation. Grijalva wants to open debate on the measure.

Get the Story:
Lobbyists Paid Millions To Keep Tribe Poor (The Daily Beast 10/22)
Arizona lawmaker asks Kevin McCarthy to stop fast-track vote on anti-casino bill (The Phoenix Business Journal 10/22)