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N.Y. tribe sues U.S. over casino
By Julie Becker
Daily News staff writer
Cite unreasonable delays; Beloit tribal backers watch closely
If successful, a lawsuit filed against the U.S. Department of the Interior could change the landscape for pending off-reservation casino applications like Beloit's.
The St. Regis Mohawk Tribe of Akwesasne, N.Y., filed a lawsuit against Secretary of the Interior Dirk Kempthorne Wednesday, citing charges of undue delay and acting in bad faith with regard to the fully completed application.
“A slew of our requests to meet with Secretary Kempthorne have been met with nothing but deafening silence, which sadly speaks volumes about what appears to be a personal bias towards gaming as a viable economic development vehicle for sovereign Nations,” Tribal Chief Barbara Lazore said in a release issued Wednesday.
The St. Regis first initiated the land-into-trust process as stipulated by the federal Indian Gaming Regulatory Act in August 1996. The Department of the Interior determined in April 2000 that the casino proposal was in the best interest of the tribe and approved its Environmental Impact Statement in December 2006.
New York Governor Eliot Spitzer later agreed with that determination in February 2007. Although the Department of the Interior promised a final recommendation within two months, the agency still has not acted on the St. Regis application.
According to the lawsuit the tribe filed, Kempthorne's actions are in violation with the Administrative Procedure Act, which requires such matters to be concluded in a reasonable time frame, and not in compliance with his job duties outlined by Section 5 of the Indian Reorganization Act and Section 20 of the IGRA.
“The Secretary cannot unilaterally ignore the law and simultaneously ignore his fiduciary responsibility to the Mohawk people and his oath of office,” said Tribal Chief Lorraine M. White.
“The Secretary has a constitutional responsibility to faithfully implement federal laws that he is charged to oversee and execute, and in our case, that includes both the IGRA and IRA,” she added. “Like any federal law, both of these statutes must be upheld and enforced.”
The sentiments expressed by the St. Regis have been felt among Beloit Casino proponents as well, with an application that has been under staff review at the Department of the Interior for nearly 11 months - about nine months longer than originally anticipated.
“This is an expression of the kind of frustration that tribes all around the country are feeling toward the Department of the Interior. One of the major functions of the Department of the Interior is to provide support and assistance for the Native American tribes and... that is not happening,” Beloit City Manager Larry Arft said.
“Obviously the frustration has reached the boiling point and as much as agency heads and government officials want to assert their personal feelings and personal agenda, they're obligated to follow the law,” he added.
Beloit Casino spokesman Joe Hunt said the St. Croix and Bad River bands of the Chippewa Tribe continue to keep a close eye on the application, and if the U.S. District Court in Washington, D.C. rules in favor of the St. Regis Mohawk, the waiting game could be reduced for Beloit, whose application trails its New York counterpart.
“Our legal team has been working very closely with other tribes that are in the same waiting position, including the St. Regis,” Hunt said. “If successful, this legislation could help us enormously with the Beloit application.”
That's true whether the decision is positive or negative, he added, and the fact that the tribe has resorted to litigation demonstrates how desperate it must be for a decision.
“We understand there have to be specific reasons an application is denied, and what the St. Regis are basically saying is, ‘We've followed all the rules, we've done everything properly, we'd like a decision,'” he explained. “Because in effect, by not making a decision, Kempthorne is saying no. Only in the event of an actual no, there is an appeal process.”
The Beloit Casino application was forwarded from the regional Bureau of Indian Affairs office to the the Department of the Interior in January, where it currently remains under review.
If successful, a lawsuit filed against the U.S. Department of the Interior could change the landscape for pending off-reservation casino applications like Beloit's.
The St. Regis Mohawk Tribe of Akwesasne, N.Y., filed a lawsuit against Secretary of the Interior Dirk Kempthorne Wednesday, citing charges of undue delay and acting in bad faith with regard to the fully completed application.
“A slew of our requests to meet with Secretary Kempthorne have been met with nothing but deafening silence, which sadly speaks volumes about what appears to be a personal bias towards gaming as a viable economic development vehicle for sovereign Nations,” Tribal Chief Barbara Lazore said in a release issued Wednesday.
The St. Regis first initiated the land-into-trust process as stipulated by the federal Indian Gaming Regulatory Act in August 1996. The Department of the Interior determined in April 2000 that the casino proposal was in the best interest of the tribe and approved its Environmental Impact Statement in December 2006.
New York Governor Eliot Spitzer later agreed with that determination in February 2007. Although the Department of the Interior promised a final recommendation within two months, the agency still has not acted on the St. Regis application.
According to the lawsuit the tribe filed, Kempthorne's actions are in violation with the Administrative Procedure Act, which requires such matters to be concluded in a reasonable time frame, and not in compliance with his job duties outlined by Section 5 of the Indian Reorganization Act and Section 20 of the IGRA.
“The Secretary cannot unilaterally ignore the law and simultaneously ignore his fiduciary responsibility to the Mohawk people and his oath of office,” said Tribal Chief Lorraine M. White.
“The Secretary has a constitutional responsibility to faithfully implement federal laws that he is charged to oversee and execute, and in our case, that includes both the IGRA and IRA,” she added. “Like any federal law, both of these statutes must be upheld and enforced.”
The sentiments expressed by the St. Regis have been felt among Beloit Casino proponents as well, with an application that has been under staff review at the Department of the Interior for nearly 11 months - about nine months longer than originally anticipated.
“This is an expression of the kind of frustration that tribes all around the country are feeling toward the Department of the Interior. One of the major functions of the Department of the Interior is to provide support and assistance for the Native American tribes and... that is not happening,” Beloit City Manager Larry Arft said.
“Obviously the frustration has reached the boiling point and as much as agency heads and government officials want to assert their personal feelings and personal agenda, they're obligated to follow the law,” he added.
Beloit Casino spokesman Joe Hunt said the St. Croix and Bad River bands of the Chippewa Tribe continue to keep a close eye on the application, and if the U.S. District Court in Washington, D.C. rules in favor of the St. Regis Mohawk, the waiting game could be reduced for Beloit, whose application trails its New York counterpart.
“Our legal team has been working very closely with other tribes that are in the same waiting position, including the St. Regis,” Hunt said. “If successful, this legislation could help us enormously with the Beloit application.”
That's true whether the decision is positive or negative, he added, and the fact that the tribe has resorted to litigation demonstrates how desperate it must be for a decision.
“We understand there have to be specific reasons an application is denied, and what the St. Regis are basically saying is, ‘We've followed all the rules, we've done everything properly, we'd like a decision,'” he explained. “Because in effect, by not making a decision, Kempthorne is saying no. Only in the event of an actual no, there is an appeal process.”
The Beloit Casino application was forwarded from the regional Bureau of Indian Affairs office to the the Department of the Interior in January, where it currently remains under review.
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