The Buffalo Creek Casino Case: The NIGC's Actions

When we left off on the Buffalo Creek controversy, we had reached the point where the Seneca Nation had purchased 9 acres of land in Buffalo in 2005. That was followed by a federal suit, filed by Citizens Against Casino Gambling in Erie County, to stop the tribe from opening a casino on the land. At issue was whether the land in question qualified as "Indian lands" under IGRA.

Back in 2002, when the Interior Secretary "pocket approved" the compact between the Seneca Nation and New York, Secretary Norton issued a letter explaining why she was neither disapproving nor affirmatively approving the compact. (Under IGRA, if the Secretary takes no action within 45 days, a compact is deemed approved.) In the letter, Norton stated that the land the tribe intended to purchase with the Seneca Nation Settlement Act (SNSA) funds would be "Indian lands" under IGRA. She also stated that the land would fall within the "settlement of a land claim" exception to IGRA's prohibition against gaming on lands acquired after 1988.

In 2002, the Seneca Nation passed a gaming ordinance that indicated the tribe's intent to conduct gaming on its lands. It did not specify a location, as the compact authorized the tribe to operate a casino in Buffalo "at a location to be determined." The ordinance was submitted to the NIGC Chair for approval, as required by IGRA. Chairman Hogen approved the ordinance, noting that approval was "for gaming only on Indian lands."

Once the land was purchased, the Seneca Nation passed an amended gaming ordinance that specifically identified the Buffalo parcel as the location for its casino. Chairman Phil Hogen approved the ordinance in 2007. Hogen's approval letter concluded, "Based on our review of the submitted ordinance, and taking into consideration the Department of the Interior's earlier decisions regarding the status of the Buffalo parcels, the parcels are Indian lands within the meaning of IGRA and they were acquired through the settlement of a land claim and thus are exempt from the general prohibition on gaming on land acquired after October 17, 1988."

In the meantime, though, the federal suit was pending . . . .

Up next: the challenges to the NIGC's actions.