Interior deadline nears on gaming decision

MONDAY, OCTOBER 21, 2002

The Bush administration is set to decide whether an Oklahoma tribe has the right to open a casino on land hundreds of miles away from its current home.

A federal judge in late June directed the Department of Interior to rule on the Miami Nation's claim to out-of-state gaming. Solicitor Bill Myers, a Bush appointee, and his staff have until the end of the week to finalize a legal opinion.

The stakes in the case are high. In Oklahoma, the tribe is barred from operating slot machines, card games and other lucrative games.

But 180 miles away on a 35-acre plot of land in Kansas, the tribe has a shot. That's if it can get past the state's four federally-recognized tribes, which all operate casinos, and Gov. Bill Graves (R).

The Kansas opponents have waged a court battle to prevent the Miami Nation from succeeding. The Interior also has balked.

Attempts to resolve the dispute, however, have only resulted in more litigation. There have been at least five court rulings since 1996 on the controversial case.

At issue is whether an allotment the federal government made to a Miami family in 1858 qualifies for a casino. The Indian Gaming Regulatory Act (IGRA) authorizes casinos only on "Indian land" under tribal control.

The Clinton administration at first ruled against the tribe. According to a May 1997 legal opinion, the land was owned by non-tribal members and had fallen out of tribal control when the Miami Nation was removed to Oklahoma.

"No member of the tribe resides on the land," the solicitor's opinion stated. "Until very recently, there had been no tribal oversight."

In response to the ruling, the tribe amended its constitution to enroll the landowners. It also took other steps to assert authority over the property.

The Clinton administration wasn't convinced until until a federal judge in May 1998 ordered the Interior to reconsider. "The DOI opinion's continued reliance on history seems in fact to ignore the tribe's argument that jurisdiction exists here despite history," U.S. District Judge John W. Lungstrum wrote.

In November 1998, the Interior reversed the legal opinion, leading the National Indian Gaming Commission to approve an agreement to allow gaming. But a federal appeals court in May 2001 halted development on behalf of the Kansas opponents, citing the federal government's failure to consider all the evidence.

Subsequent to the ruling, the NIGC asked for permission to withdraw its casino approval. On June 25, U.S. District Judge G. Thomas VanBebber agreed, setting in motion yet another solicitor's opinion.

The Miami Nation once resided in vast portions of what is now Indiana. Under an 1840 treaty, it was forced to move to Kansas.

Some members agreed to move while others stayed behind. But those who moved to Kansas weren't left alone, and were eventually removed to Oklahoma by an 1873 treaty.

Relevant Links:
Miami Nation - http://www.miamination.com