Some critics of the Bureau of Indian Affairs say it is moving too slowly to fulfill its pledge to put 500,000 acres into trust by the end of President Obama’s term in office.
Indian Country Today last week criticized the administration for the 26 applications pending to put land into trust for a casino. The oldest is from 2005 for the Cayuga Nation of New York. However there are applications from multiple states still pending.
They include the Ho-Chunk Nation of Wisconsin, the Chickasaw Nation of Oklahoma, the Puyallup Tribe of Washington, the Northern Arapaho Tribe of Wyoming, and the Lower Brule Sioux Tribe of South Dakota.
Although the BIA does have most responsibility for these requests, the National Indian Gaming Commission also has input as to whether lands can be used for tribal government gaming. For example, gaming is generally not allowed on newly acquired tribal lands. Many exceptions exist, however, but lands that are off the reservation require a so-called “two-part” determination that requires the assent of the governor of the state.
Nevertheless the BIA has the final say. Despite the administration’s pledge to put half a million acres into trust, its actual rate per year is only 2.67 per year, compared to 2.37 per year in the previous administration.
Section 20 applications, which are off-reservation applications, require the two-part determination. California has had 13, more than any other state. It is also where the issue came to a head two years ago when the voters of the state sharply rebuked the state government for its compact with the North Fork Rancheria of Mono Indians, who want to build in Northern California. The Picayune Rancheria of the Chukchansi Indians oppose their casino and has sued in federal court, challenging the BIA decision that put the land into trust.
The Chukchansi lawsuit claims that the BIA decision ignored one requirement of a Section 20 application, that it be determined that the North Fork casino would not be detrimental to the surrounding community, including surrounding tribes. The BIA determined that the Chukchansi, which operates the Chukchansi Gold Resort and Casino would not be harmed. The Chukchansi very much dispute that claim.
The Chukchansi are also looking at a rarely used tactic, persuading a U.S. representative to introduce a bill that would block putting the land into trust. Although the BIA usually puts land into trust, it can be done by Congress, which can overrule the BIA if it chooses.
North Fork Chairwoman Maryann McGovran recently blasted this effort by the rival tribe, saying that it could jeopardize all tribes that want to put land into trust.
The first Section 20 application to be approved was for the Grand Ronde Tribe of Oregon in 1990 due to the fact that it was a restored tribe. The most recent was the Mashpee Wampanoag Tribe of Massachusetts last year for its first reservation.
They are also seeking a bill in Congress that would overrule the BIA and prevent the North Fork tribe from having a casino.
Another high profile case is the Enterprise Rancheria, which also passed the “two-part determination” but whose casino is opposed by the nearby United Auburn Indian Community.
According to Dr. Alan Meister’s 2016 Casino City Indian Gaming Industry Report, where Indian Country Today obtained its data, the pace of tribes applying to put land into trust began accelerating in 2015, when 13 applications were filed.
