Tohono O'odham Nation committed to casino despite opposition

GLENDALE -- Opposition continues to build to plans by the Tohono O'odham Nation to build a casino on the northwest area of 91st and Glendale Avenues in Glendale.
Sen. Jon Kyl on Wednesday added his voice on Wednesday saying he is concerned about the proposed casino's impact on surrounding communities. That mirrors concerns previously expressed by John McCain, the state's other U.S. senator, as well as Gov. Jan Brewer.
But Kyl said he fears it would set a precedent to allow the tribe to set up a casino on land that was not a part of the historical reservations, which is what is being planned.
"Therefore, I do not support the proposed casino,'' he said in a prepared statement.
Tribal Chairman Ned Norris Jr., in his own prepared response, said the senator's position is no surprise, calling him "one of this country's staunchest opponents of Indian gaming.'' But Norris said the position of Kyl and McCain amount to breaking a "solemn promise'' made by Congress to the tribe that it would compensate it for the loss of other tribal lands.
"For its part, the Tohono O'odham Nation is more committed to this effort than ever before,'' Norris said.
The fight is over the tribe's plan to build a $550 million casino, hotel and shopping complex on 135 acres of land on the outskirts of Glendale, close to the University of Phoenix stadium where the Arizona Cardinals play. Brewer, McCain and Kyl, along with Glendale officials, all insist that is not the proper place for a casino.
But the real heart of the argument is over the fact that the land was not part of the original reservation, or even within the reservation when voters approved an initiative in 2002 giving Indians exclusive right to operate casinos in exchange for giving the state a share of the profits. Brewer said the understanding always was that casinos would be limited to existing tribal lands.
Norris, however, pointed out that then-Rep. Morris K. Udall, D-Ariz., pushed a measure through Congress in 1986 designed to compensate the tribe for some lands that were destroyed when the federal government constructed the Painted Rock Dam on the Gila River. That law gave the tribe $30 million in exchange for the 9,880 acres involved.
More to the point, it authorized the tribe to buy other lands in Maricopa, Pima and Pinal counties as replacement. The Glendale site was purchased in 2003, with the tribe transferring it into its own name last year and formally asking the Department of Interior to make the land part of the reservation.
That request is still pending.
But Norris contends the move is automatic -- and that objections from the governor and the senators are legally irrelevant. And he renewed his request for the federal government to "keep its promise ... to approve the Nation's application.''
Gubernatorial press aide Paul Senseman said, though, Brewer's staff believes that is not the case. He said the governor is exploring her legal options if the Interior Department designates the property as reservation land, including possibly filing suit.
Norris said Wednesday that foes should look at the tribe's plans as an opportunity to improve the area's economy.
"It is truly unfortunate that some have chosen the path of outright opposition instead of the path of collaboration for mutual benefit,'' he said.