Monday, March 22, 2010

WILL CARCUERI V. SALAZAR AFFECT THE SHINNECOCKS?

Potential Shinnecock gaming sites far from reservationFriday, March 19, 2010

As the Shinnecock Nation of New York heads towards federal recognition, the tribe is looking for potential sites for a casino.

The tribe has expressed interest in the Aqueduct Racetrack and Belmont Park Raceway. But The Queens Chronicle notes that Aqueduct is more than 85 miles from the tribe's reservation on Long Island while Belmont is more than 75 miles away.

The distance could pose a problem because regulations finalized by the Bush administration place some restrictions on newly recognized tribes. Although the rule does not contain a strict mileage limit, it suggests that the proposed gaming site be within 25 miles of tribal headquarters.

Separately, the tribe may have to overcome issues raised by the U.S. Supreme Court decision in Carcieri v. Salazar, which restricts the land-into-trust process to tribes that were "under federal jurisdiction" in 1934. The tribe's recognition won't be finalized until this summer.

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