Secretary Kempthorne Under Fire for Delays on "Off-Reservation" Casinos

In New York and Wisconsin, tribes are growing tired of waiting for Interior Secretary Dirk Kempthorne to issue decisions on "off-reservation" casino proposals.

The St. Croix Chippewa Indian Tribe in Wisconsin has had a proposal for a casino near Beloit in the works for some seven years, while the St. Regis Mohawk proposal for a casino in New York's Catskills region dates back to 1996.

Both proposals are proceeding under IGRA's "best interests" exception, which allows a tribe to operate gaming on newly acquired lands. For the best interests exception to apply, the Interior Secretary must make a two-part determination: that gaming on the land would be in the best interest of the tribe, and would not be detrimental to surrounding communities. Additionally, the state governor must concur with the Secretary's favorable decision. Often, casino proposals under the best interests exception fail because of the lack of gubernatorial support.

That makes the Secretary's delay on the Mohawk proposal particularly surprising, given Governor Spitzer's public endorsement of an off-reservation casino in the Catskills.

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