The Confederated Tribes of Grand Ronde operate the Spirit Mountain Casino in Grand Ronde, Oregon. Photo: Spirit Mountain

Litigation | Openings & Closings

Grand Ronde Tribes ask Supreme Court to hear casino land case

Tuesday, September 13, 2016

The Confederated Tribes of Grand Ronde are hoping Indian Country is ready for another Carcieri decision from the U.S. Supreme Court.

Seven years after the disastrous ruling upset the land-into-trust process, Grand Ronde leaders want the nation's highest court to take Carcieri even further. In doing so, they hope to prevent the Cowlitz Tribe from opening a casino.

"Speaking for myself, I support requesting the Supreme Court to consider the case. It isn't entirely about fighting another tribe," council member Tonya Gleason-Shepek said at an August 31 meeting, The Salem Statesman Journal reported. "I am also interested in having a clarifying Supreme Court [Carcieri] decision. This would be good for all Indian country."

Things are taking shape --- quite literally! :)
Posted by ilani on Friday, September 2, 2016

In Carcieri, the Supreme Court ruled that the Bureau of Indian Affairs can only place land into trust for tribes that were "under federal jurisdiction" in 1934, a requirement that has caused uncertainty for casino projects across the nation. Grand Ronde leaders want to add another hurdle to the process -- they believe a tribe must have been "recognized" in 1934 in order to follow the Indian Reorganization Act.

So far, Grand Ronde has been losing the battle. A federal judge and the D.C. Circuit Court of Appeals have both refused to add the "recognized" requirement to the process. An appeal to the Supreme Court represents the tribe's best and possibly last chance at making the argument.

Meanwhile, the Cowlitz Tribe continues to make progress on the ilani Casino Resort. The facility, located in Ridgefield, Washington, is due to open on April 17, 2017.

Ridgefield is only about 25 miles from downtown Portland, Oregon's biggest city. The Grand Ronde Tribes believe their Spirit Mountain Casino, about 60 miles from downtown, will lose up to 41 percent of revenues once ilani opens.

Read More on the Story:
Grand Ronde appeals to U.S. Supreme Court (The Salem Statesman Journal 9/13)

D.C. Circuit Court of Appeals Decision:
Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell (July 29, 2016)

Federal Register Notices:
Notice of Final Federal Agency Actions on Transportation Project in Washington State (May 3, 2016)
Proclaiming Certain Lands as Reservation for the Cowlitz Indian Tribe (November 13, 2015)
Land Acquisitions; Cowlitz Indian Tribe (May 8, 2013)

Department of the Interior Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)