The suit charges Sec. Kempthorne with undue delay and acting in bad faith on its land into trust application that has been before the agency for nearly nine months. Kempthorne has reportedly stated his opposition to "off-reservation gaming." The suit seeks to compel Secretary Kempthorne to make a ruling within 30 days on its land into trust application for nearly 30 acres of land adjacent to Monticello Raceway in Sullivan County. The St. Regis Mohawk Tribe is looking to develop the gaming facility in the New York Catskills region in partnership with Empire Resorts Inc.
In December 2006, associate deputy secretary James Cason issued a Finding of No Significant Impact for the tribe's fee-to-trust application. In February 2007, New York Gov. Eliot Spitzer issued a concurrence letter to Secretary Kempthorne signaling Spitzer's approval of the land into trust application and the casino venture. All that remains is a final action by the department to acquire the parcel into federal trust status and ground can be broken on the venture.
"It is unfortunate that we have to file a lawsuit to compel the Secretary to do his job, and it is unacceptable that our completed application has been pending at the Department for nearly nine months," says tribal chief Lorraine White. "The Secretary cannot unilaterally ignore the law and simultaneously ignore his fiduciary responsibility to the Mohawk people and his oath of office."
Chief White continues, "Dirk Kempthorne is but one man appointed with the consent of the Senate. As a public servant, he cannot pick and choose the laws he likes versus the ones he thinks should be ignored."
Tribal chief Barbara Lazore says that the tribe and other political leaders, including Gov. Spitzer, have requested face-to-face meetings with Sec. Kempthorne but have to date received no response to those requests. A spokesperson for the Bureau Indian Affairs tells GlobeSt.com that they have no comment concerning the St. Regis Mohawk Tribe's lawsuit against Secretary Kempthorne.
David Hanlon, CEO of Empire Resorts, states, "while Empire Resorts is not a part of this legal action, we support the tribe's decision and find it unfortunate that the Department of the Interior has taken so long to take the steps required by law to put the land into trust. Since signing the concurrence and state compact in February of this year, New York Gov. Eliot Spitzer, along with Senator Charles Schumer, Congressman Maurice Hinchey, Ways and Means Chairman Charles Rangel and others, has taken the leadership in asking the department to make a decision. We believe that mounting pressure in Congress and New York State, combined with this lawsuit, could make it harder for the Secretary to continue a policy of delay."
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