Jan
29
2010
The Cape Cod Times reports that the Mashpee Wampanoag may be looking at a new community partner for an off-reservation casino: Fall River, a community hard hit by unemployment.Off-Reservation Gaming
Off-Reservation Gaming 101
Dec
18
2009
With the pending Shinnecock Tribe's federal recognition in the news, we thought folks might appreciate the basics of "off-reservation" gaming.First, of course, is that common usage of the term "off-reservation gaming" usually means gaming on newly acquired lands. That is, people commonly say "off-reservation casino" to refer to any effort to open a gaming establishment on new lands. Often, those lands actually have some tie to the tribe's reservation, so the "off-reservation" part is something of a misnomer. "Gaming on newly acquired lands" is more accurate, but apparently it's too much of a mouthful for most people. With that little lecture on legal terminology out of the way, let's move on to some basic rules.
Will the Obama Administration Be Open to Off-Reservation Gaming?
Dec
9
2009
For some time now, experts and insiders have been predicting that the Interior Department under the Obama administration will remove at least some of the obstacles to so-called off-reservation gaming put in place under Bush. Steve and I have made a similar prediction, though we've said that we think a compromise is much more likely than sweeping reform. In other words, we expect there to be a lessening of restrictions on gaming on newly acquired lands, not a complete removal of those restrictions. Off-reservation gaming is a politically loaded issue, and we think it unlikely that either the executive or legislative branches will throw open the door to tribes to pursue gaming on newly acquired lands.Reconsidering Commutable Distance
Sep
22
2009
Last year, we wrote an article with economist Alan Meister criticizing the Interior Department's now infamous January 2008 guidance memo on off-reservation gaming. In the memo, Interior created the "commutable distance" test, and also made a number of other substantive and procedural changes to how Interior handled land-into-trust applications related to gaming on off-reservation lands.Now the Obama administration's Interior Department is taking another look at the memo. Calling the issue of off-reservation land acquisitions "important" and "controversial," deputy assistant secretary George Skibine predicted a relatively quick decision on whether to change current policy and practice under the memo.
The Buffalo Creek Casino Case: The NIGC's Actions
Aug
11
2008
When we left off on the Buffalo Creek controversy, we had reached the point where the Seneca Nation had purchased 9 acres of land in Buffalo in 2005. That was followed by a federal suit, filed by Citizens Against Casino Gambling in Erie County, to stop the tribe from opening a casino on the land. At issue was whether the land in question qualified as "Indian lands" under IGRA.New "Section 20" Regulations: The Best Interests Exception
Jun
24
2008
So here we go with the “best interests” exception, otherwise known as the “two-part determination.” Follow this:New "Section 20" Regulations: Restored Lands Exception
Jun
19
2008
Still more in our series on the National Indian Gaming Commission’s new “Section 20” regulations concerning gaming on newly acquired lands:In section 2719(b), IGRA creates an exception for "lands are taken into trust as part of . . . (iii) the restoration of lands for an Indian tribe that is restored to Federal recognition." The new regulations, in 25 C.F.R. sections 292.7 to 292.12, set out the requirements for the restored lands exception.
