BIA Clears Way for Arizona Casino

The Indian Affairs division of the Interior Department last week indicated it would approve the request of the Tohono O’odham Nation to take a plot of land into trust in Glendale, Arizona, where the tribe hopes to build a $500 million casino (l.). The Tohono O’odham Nation is based in Tucson although it claims historical roots in Glendale.

The controversial casino project of the Tohono O’odham Nation in Glendale, Arizona, got a huge boost last week when Assistant Secretary of Indian Affairs, Kevin Washburn, who heads the Indian Affairs division of the Interior Department, told federal officials he was looking favorably upon a land-into-trust request from the tribe. The Tohono O’odham are based in Tucson, and the land is in central Arizona, just west of Phoenix, which has enraged Phoenix-area tribes.

The Salt River Pima-Maricopa Indian Community complained that the Tohono O’odham are skirting the law that established tribal gaming in the state.

“Arizona voters approved state-tribal gaming policy limiting casinos to existing reservations in 2002,” said SRPMIC President Diane Enos. “To that end, for Washburn to announce his decision on the land now, is questionable given that Congress has yet to clarify its intent on this issue, specifically, that of new reservations being created for gaming purposes.”

The casino has been a source of contention for years.

A federal law in 1996 permitted the O’odham to replace lands lost to a federal dam built in Southern Arizona with unincorporated parcels in the Phoenix area. The tribe bought the Glendale parcel in 2003. Lawsuits and efforts by Arizona Congressman Trent Franks have all gone the O’odham’s way, and even the city of Glendale recently dropped efforts to halt the casino.

Another Phoenix-area tribe says the impact of the ruling is unclear, but the tribe would remain diligent.

“While our community is disappointed by today’s decision, we are not surprised,” said Gila River Indian Community Governor Gregory Mendoza. “As Assistant Secretary Washburn noted, he was faced with interpreting an ambiguous provision of a law passed by Congress decades ago. That’s precisely why our community believes Congress is the best entity to decide this matter and uphold the will of Arizona’s voters. We hope voters across the state will contact their members of Congress to weigh in on this matter.

“It’s also critically important to note that this decision does not give the Tohono O’Odham Nation permission to game on this land. The Department of Interior has yet to decide that point and the majority of tribes in Arizona—including non-gaming tribes—remain opposed to the nation’s casino because it poses a direct threat to the balance of tribal gaming in our state.

“We will review this decision thoroughly in the coming days and decide whether to take legal action.”