The Seneca Nation and "Off-Reservation" Gaming in New York

Whaddaya get when you go on vacation? A whole lot of new events related to Indian gaming! Look for a flurry of posts as we try to catch you up!

In July, the NIGC issued an approval letter for the Seneca Nation to open the Buffalo Creek Casino on newly acquired lands. The NIGC determined that the land in question fell within an exception to IGRA's general prohibition against gaming on newly acquired lands.

(The characterization of the casino as "off-reservation" is technically correct, as the land falls outside the boundaries of the current Seneca reservation, but it is important to note that the Seneca acquired the land through the settlement of a land claim. In other words, the Seneca had asserted not only a historical tie to the land, but also had claimed an existing right to the land because it was wrongfully removed from the tribe's reservation. The tribe's claims were settled through the Seneca Nation Land Claims Settlement Act, and the tribe used funds provided through the Act to purchase the land in question. We reserve the term "off-reservation" for casinos that fall under IGRA's "best interests" exception, which does not require any historical ties or legal claims to off-reservation land.)

In addition to finding that the "settlement of a land claim" exception applied, the NIGC also determined that the land in question qualified as "Indian lands" – IGRA requires that both Class II and Class III gaming be conducted on "Indian lands." For lands that aren't part of the tribe's current reservation, in order to qualify as Indian lands, the tribe must have jurisdiction and exercise governmental authority over the land. The NIGC found that the Seneca has asserted that tribal law applies to the land, has fenced the land, and that tribal law enforcement patrols and polices the land.

For more on this, including the NIGC Land Opinion and our own opinions about the NIGC’s findings, check back tomorrow!