Mohawk People - Casinos

Casinos

On October 15, 1993, Governor Mario Cuomo entered into the "Tribal-State Compact Between the St. Regis Mohawk Tribe and the State of New York." The compact allowed the Tribe to conduct gambling, including games such as baccarat, blackjack, craps and roulette, on the Akwesasne Reservation in Franklin County under the Indian Gaming Regulatory Act (IGRA).

According to the terms of the 1993 compact, the New York State Racing and Wagering Board, the New York State Police and the St. Regis Mohawk Tribal Gaming Commission were vested with gaming oversight. Law enforcement responsibilities fell under the cognizance of the state police, with some law enforcement matters left to the tribe. As required by IGRA, the compact was approved by the United States Department of the Interior before it took effect. There were several extensions and amendments to this compact, but not all of them were approved by the U.S. Department of the Interior.

On June 12, 2003, the New York Court of Appeals affirmed the lower courts' rulings that Governor Cuomo exceeded his authority by entering into the compact absent legislative authorization and declared the compact void . On October 19, 2004, Governor George Pataki signed a bill passed by the State Legislature that ratified the compact as being Nunc Pro Tunc, with some additional minor changes.

The Mohawk Nation is currently in pursuit of obtaining approval to own and operate a casino in Sullivan County, New York, at Monticello Raceway. The U.S. Department of the Interior has until recently approved of this action and even after obtaining Governor Eliot Spitzer's concurrence subject to the negotiation and approval of either an amendment to the current compact or a new compact has rejected their application to take the land into trust.

There are currently two pending. The State of New York has expressed similar objections in its responses to take land into trust for other Indian nations and tribes. The other contends that the Indian Gaming Regulatory Act violates the Tenth Amendment to the United States Constitution as it is applied in the State of New York and is currently pending in the United States District Court for the Western District of New York.