The U.S. Court of Appeals for the District of Columbia has ruled for the Cowlitz Tribe of Washington, slapping down a challenge against its proposed 0 million Ilani Casino Resort along Interstate 5 in La Center that was pursued by the city of Vancouver, Clark County, Citizens Against Reservation Shopping, casinos in La Center and the Confederated Tribes of the Grand Ronde.
This action affirms the 2014 ruling by U.S. District Judge Barbara Rothstein in Seattle and will allow the construction of the casino that will be located 15 minutes north of Portland, Oregon to continue.
The tribe, which was scattered by federal Indian policy in the 1800s, was recognized as a tribe by the federal government in 2002. It very quickly filed for and was granted an application to put land into trust for a reservation.
The plaintiffs had challenged that action, claiming that the Department of the Interior violated the 2009 Carcieri v. Salazar decision of the U.S. Supreme Court that says that tribes recognized after 1934 cannot put land into trust. They argued that the tribe had engaged in “reservation shopping” for land as near to the Portland metro area as possible. They also challenged whether the Cowlitz tribe qualified as “Indians” under the Indian Reorganization Act of 1934 (IRA) and whether the Indian Gaming Regulatory Act, which forbids lands acquired after 1988 from being used for gaming—except in special circumstances—had been violated.
Part of the problem had arisen from the fact that the tribe refused an offer of a treaty by the U.S. government in the 1800s. This left the tribe without a reservation.
The special circumstance in IGRA is that the land was acquired as part of “the initial reservation of an Indian tribe acknowledged by the secretary under the federal acknowledgment process,” which is true of the Cowlitz land.
The bottom line result of the appeals ruling is that the tribe may continue building the 2,500 slot and 80 table casino, which will, besides gaming have 15 restaurants, bars and retail shops.
Tribal Chairman Bill Iyall hailed the decision: “The Cowlitz Indian Tribe scored another important victory today,” he said. “After 150 years of landlessness, the federal government and the federal courts have confirmed our right to this reservation.”
The 368,000 square foot casino is planned to open next spring.
The Oregon Lottery is anticipating that the casino will negatively impact the lottery’s profits, possibly losing the state $65 million annually.
The Confederated Tribes of Grand Ronde, owners of Spirit Mountain Casino, say they expect to lose over $100 million each year to the new casino.
