Off-reservation casino dispute

By Brandi Powell

A Senate Committee approved a bill today, that if passed by Congress, would not allow casinos to be built off reservations.

And its stirring up controversy in North Dakota.

The Turtle Mountain Indian tribe wants to build a casino in Grand Forks.

This is allowed under current federal law, which says a casino can be built on land taken into trust.

But that could all be changed, as an approved Senate bill prohibiting off-reservation gaming, heads to Congress.

If this bill passes, it will replace an existing federal law. But the Attorney General says he`s only focused on a North Dakota statute that’s already in place.

Attorney General Wayne Stenehjem says, "A number of states have casinos that are interested in establishing themselves off the reservation in heavily populated areas. That`s not the arrangement we have here in North Dakota. Our statute provides that casinos can only be on reservation land."

But the Tribal Councilman of the Turtle Mountain tribe doesn`t see the statute enacted in 1997 in the same way.

Ken Davis says, "We`ve provided the state of North Dakota legal analysis of the issue and we`re waiting for a response from the state. We think we have a difference of legal opinion regarding that statute. "

The Tribal Councilman says a new casino in Grand Forks will benefit Native American employment opportunities.

Davis says, "The other primary benefit is for economic development for jobs for some of our members who live in the Grand Forks area, or profits we could realize that could be brought back to the reservation proper and used to help with economic development and social programs."

Attorney General Stenehjem doesn`t agree.

Stenehjem says, "If we have casinos that are not on reservations, the bulk of the employment will not be for the highly unemployed people who live on the reservations."

The Attorney General says, "There is no way that there is going to be a casino in North Dakota that is not on an Indian reservation. At least not as long as I`m here."

Attorney General Stenehjem says he feels Governor John Hoeven does not have the authority to enter into negotiations with the Turtle Mountain tribe, because of the state statute.