Ruling halts Native American tribe’s casino plans

July 16, 2012 11:59 am Published by Leave your thoughts

Businesses have a legal obligation to follow federal rules and regulations. However, if a certain law prohibits a company from taking part in certain business practices or an individual establishing a business, the owner may want to speak to a business lawyer in Phoenix. 

A similar problem took place with a Native American tribe that attempted to establish a casino in the state of Washington. The Cowlitz Tribe is fighting in court for the right to build gambling centers after purchasing 152 acres of land, according to The Kansas City Star.

The initial issue was the ruling made in 2008 by the Bush administration that prohibits off-reservation casinos if they are not located within driving distance. Larry Echo Hawk, a former head of the Bureau of Indian Affairs (BIA), repealed the law due to the federal government's lack of involvement with the tribes during the decision-making process.

Echo Hawk claimed that the ruling essentially stopped all plans to build casinos off-reservation. Even though this challenge has been nullified by Echo Hawk, Native American tribes must still present evidence that the land they wish to place in trust is historically significant or has a legal connection to their ancestors.

However, if meeting these stipulations is not possible, then tribes must consult with the Secretary of the Interior at the BIA who will have to speak to neighboring tribes, as well as state and local officials, to determine whether building the casino is favorable for the entire community.

"The travails of the Cowlitz are resonating across the country, all the way to Taunton, where another landless tribe, the Mashpee Wampanoag, propose their own casino resort," The Boston Globe reported.

The Cowlitz Tribe will go to trial toward the end of this year in the U.S. District Court in Washington, D.C.

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