Indian Gaming > DOJ defends gaming on Seneca Nation fee lands

July 24, 2008

DOJ defends gaming on Seneca Nation fee lands

The Department of Justice says a new interpretation of the Indian Gaming Regulatory Act allows tribes to engage in gaming on restricted fee lands.

Government attorneys point to the new Section 20 regulations that were issued by the Bureau of Indian Affairs in May. They say the rules allow the Seneca Nation to keep its off-reservation casino in Buffalo, New York.

The tribe bought the casino site with settlement funds that were approved by Congress. The law states that the lands are to be held in restricted fee status.

Opponents of the casino say the tribe can't use the land for gaming because it was purchased after 1988. IGRA bars gaming on newly acquired lands unless certain exceptions in Section 20 are met.

In a July 8 ruling, Judge William M. Skretny said the tribe does not meet any of the exceptions. But the tribe won't stop gaming at the Buffalo Creek Casino and the federal government has no plans to close the facility.

Get the Story:
Feds add fuel to fire over Buffalo casino (The Buffalo News 7/24)
Casino: Feds, Senecas seek court transfer (Business First of Buffalo 7/23)