Both of Arizona’s U.S. Senators have sponsored a bill that would prevent the Tohono O’odham Nation from opening a 0 million casino on 135 acres in Glendale, near Phoenix.
The controversy surrounding the Tohono’s casino, which the tribe has already started to build, dates back to January 2009. In virtually all of the court cases the tribe has emerged victorious. However, Senators John McCain and Jeff Flake have reintroduced the Keep the Promise Act, which seeks to prevent the tribe from operating a casino near Glendale, or any location near Phoenix that is not part of an existing Indian reservation.
Last week the senators issued a joint statement that said, “We share the objections of many fellow Arizonans when we see attempts to bring Indian gaming to metropolitan areas that are on lands not connected to an extant reservation.”
The statement continued, “The proposed West Valley Resort in Glendale, Arizona, in particular, has generated tremendous controversy and confusion across our state. As one of the authors (McCain) of the Indian Gaming Regulatory Act and the Gila Bend Indian Reservation Replacement Lands Act, we can authoritatively say that Congress did not envision Indian gaming on the kinds of lands involved in the West Valley issue. We will continue to make this legislation a priority for Arizona and remain open to ideas from Valley and tribal leaders on ways to resolve the differences that exist on this issue.”
Congressman Trent Franks of Arizona has introduced the same bill in the House.
Tohono Chairman Ned Norris Jr. fired back at the senators: “Congress should not allow self-serving special interests to rewrite both history and existing law to protect their market share. The courts have spoken, and this land is now part of the Tohono O’odham Nation’s reservation. Construction is fully underway and we are committed to completing a beautiful new facility and creating more than 500 permanent jobs this year.”
Glendale, whose city council once opposed the casino, now supports it, as does the city council of neighboring Peoria. Glendale would get $1.3 million annually from its agreement with the tribe. Other nearby cities have also publically supported the casino.
The Glendale city council last week voted to reaffirm its support of the casino on a vote of 6-1. The tribe plans to visit Washington D.C. with the resolution in hand to lobby lawmakers to oppose the McCain-Flake bill.
Councilman Gary Sherwood said, “The legality of the West Valley resort has been confirmed time and again by multiple state and federal court and administrative decisions. This project also has overwhelming public support. We are not doing anything different today than has already been done. We are reaffirming our position with a new council.”
Building is scheduled to begin on the project soon, with completion by the end of this year.
In July of last year the Bureau of Indian Affairs put the Glendale land into trust for the tribe. The land is completely surrounded by the City of Glendale. Critics point out that the BIA action did not address the question of whether the tribe could offer gaming on the land.
Gila River Indian Community Governor Gregory Mendoza has said that he understands that the bureau was interpreting an ambiguous law and calls on Congress to clear up the ambiguity.
The legislation sponsored by McCain and Flake failed to obtain traction in the last Senate, which was controlled by Democrats. However, the party in control has changed, so the bill may have more of a chance.
McCain and Flake contend that the Tohono tribe’s casino would violate federal gaming law. Their bill would put a casino on hold until 2027 when the current gaming compact between Arizona and its gaming tribes expires.
Previously federal judges have rejected arguments that the 2002 compact forbade more casinos in the Phoenix area.
