From The National Indian Gaming web site's Indian Land Opinions page:
Indian tribes may only game on Indian lands that are eligible for gaming under the IGRA. Such lands must meet the definition of “Indian lands” at 25 U.S.C. § 2703, which requires that the land be within the limits of a tribe’s reservation, be held in trust by the United States for the benefit of the tribe or its member(s), or that the land be subject to restrictions against alienation by the United States for the benefit of the tribe or its member(s). Additionally, the tribe must have jurisdiction and exercise governmental powers over the gaming site.
The IGRA, 25 U.S.C. § 2719, contains a general prohibition against gaming on lands acquired into trust after October 17, 1988 (the date the IGRA was enacted into law). Tribes may game on such after-acquired trust land if the land meets one of the exceptions laid out in § 2719. Indian lands opinions are issued by either the Commission or the Department of the Interior, Division of Indian Affairs, Office of the Solicitor in accordance with their Memorandum of Agreement.
Click here to view the Indian lands advisory opinions issued by the NIGC and the Department of the Interior on whether a tribe may game on certain lands and the fact that the Mashpee Wampanoag Tribe isn't on it.
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9 comments:
Another timely post that is greatly appreciated.
It is what it is! Sorry Bond, you can't change the rules to fit YOUR desires! Nor can the tribe, their application that has already been sent in, is the "done deal", can't change it, can't add to it. If it doesn't fit, it won't work!
I wish the official "No Casino" pronouncement by the DOI would come down soon. It's been such an emotionally draining year. Not that the fight hasn't been worth it....it has. But we have so many pressing issues that also have to be dealt with, like strengthening our economy and fortifying our schools and town services. I remember when I couldn't wait to grow up. Well sometimes the realities that go with that just plain suck!
Another inconvenient truth. Thank you for continually reminding everyone the facts. Even though some feel free to purposefully ignore them.
Hey...where can I get one of those hats?!
Yes, everyone is entitled to their opinion, but no one can dispute the fact that the Tribe's application does fall under the new regulations. There has been no "legal opinion" made on that land...if there had, it would be on file in the AG's office.
Thanks for the links Gladys...you are a wealth of knowledge!
I can't take credit for it, Carverchick. A loyal reader sent that link in on the Tip Line and it just seemed appropriate considering that everyone seemed to be expressing their opinions today.
But thank YOU for taking the time to call in to The Bondage Radio Hour today to share the facts about Adam's assumptions (there's that "ass" word again) about grandfathering.
The sick thing is when you read the two IGRA snippets that you have listed, it makes it appear that they'll be a bunch of indians sitting around playing cards. It does'nt come close to mentioning the ramifications that lie within. No mention of backer's and all the bullshit. Just the words.... "benefit of the tribe". The funny thing about the word "native american" is that if you ask some of them their nationality they say native american. They never mention the other 99.99% of the bloodline.
Dear Anon. 9:20 - I completely understand your frustration. These are organizations which are charged with overseeing and regulating Indian gaming, and yet they are also cheerleaders for tribes. It's obviously a conflict of intersest. The word that always gets to me is "remedy". Gambling is a "remedy" for Tribes, for wrongs done in the past. Where's our remedy? Where's the remedy for the future addicts, victims of crimes and broken families that will be the legacy of any casino. Oh yeah that's right. It's called 'mitigation'.
'Remedy' and 'Mitigation' - two words which imply victimhood. Not exactly words I'd choose to be associated with the place I call home.
When this is all said and done, Middleborough will be a better place. Not just for having NO CASINO but for the fact that more people are paying attention, and other issues are being addressed.
Rockland Industries, open space, employee pay raises and pensions, green buildings, the IT dept. will all be the next topics.
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