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THURSDAY, AUGUST 29, 2002

The Bureau of Indian Affairs in Oklahoma is attempting to lease a commercially-viable plot of land at the request of a tribe whose business practices have come under scrutiny, sources close to the unfolding dispute said.

Although located beyond the boundaries of the Chickasaw Nation's original territory, the tribe is interested in the land, a Department of Interior attorney confirmed. A notice of a competitive two-year lease for the parcel was to be made public this week, Tulsa Field Solicitor Robert McCarthy said.

"Any party who is interested can come in and bid on the property," he said.

But legal problems are preventing the process from moving forward. Some of the heirs to the land, which is currently in probate in Oklahoma state court, and those interested in the land object to the BIA's involvement, whose activities are seen as a front for the Chickasaw Nation.

"The bureau is such a wholly owned subsidiary of the Chickasaws," an attorney with interest in the case said, "that nobody knows what's going on."

Chickasaw Nation Gov. Bill Anoatubby's office did not return a request for comment. Tribal legislators who were contacted, however, pointed out that they passed a resolution barring activities outside Chickasaw boundaries.

The land in question certainly falls outside the tribe's jurisdiction. Located in Oklahoma City, the plot was allotted to a member of the Choctaw Nation who died in the late 1950s and whose heirs number around 30.

Because its final disposition is in probate, the BIA can't seek to lease the land, according to those familiar with the BIA's regulations. "The BIA is under no obligation to go out and find a lessee," former assistant secretary Kevin Gover said. Another former BIA regional official noted the same.

To circumvent this requirement and allow the cash-flush Chickasaw Nation to lease the land, the BIA is trying to take control of the matter from an Oklahoma county judge, the attorney close to the case said. Under federal law, probate for members of the Five Civilized Tribes, which includes the Choctaw Nation, goes through the state court system.

During a state court proceeding yesterday, McCarthy was said to have asserted a federal trust responsibility over the plot. "The [judge] said: 'Where were you the last 40 years?'" according to the source familiar with the case.

The Chickasaw Nation currently operates a successful and expanding empire of smoke shops, convenience stores and gaming centers in south-central Oklahoma. Revenues in 2001 were $529.8 million, according to official tribal figures.

Like other tribes, the Chickasaw Nation relies on the BIA to take land into trust for most of these ventures. But the National Indian Gaming Commission, charged with regulating the $12.7 billion Indian casino industry, has become concerned that the acquisitions were improperly approved and has asked all Oklahoma tribes to show their gaming centers are operating legally.

The plot in Oklahoma City is at most 10,000 square-feet and is located near a freeway exit in a business redevelopment zone. It used to house a smoke shop, McCarthy told Indianz.Com, a venture that individual Indians can operate on their own.

But "an individual cannot own a casino," Gover pointed out.

Although legal questions remain, a tribal lease of the land raises the possibility of gaming. A typical Chickasaw practice involves converting smoke shops into casinos. Anoatubby, in a late June interview with Indianz.Com, said the practice was legal.

"We rely on the BIA to tell us what we need to do to put the land into trust," he said at the time.

In the alternative, a Chickasaw lease of the land prohibits the tribe's potential competitors from starting up any type of business venture.

The office of Choctaw Nation Chief Greg Pyle said it had no knowledge of the BIA and Chickasaw maneuvers. McCarthy said he didn't know if the tribe was aware of the competitive bid, but added that the Seminole Nation is interested in addition to the Chickasaw Nation.

Relevant Links:
Chickasaw Nation - http://www.chickasaw.net
Choctaw Nation - http://www.choctawnation.com

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