The Shinnecocks are on the federal fast track
(12/18/2008) With the Shinnecock Indian Nation now under active consideration by the Office of Federal Acknowledgment of the United States Department of the Interior and Suffolk County voting to approve the naming of a task force to study the feasibility and placement of a gaming facility on Tuesday, casino gambling is closer to reality than ever on Long Island.
The Shinnecocks had two things going against them in previous attempts to capitalize on federal laws that allowed gaming on Native American reservations. There was never community or state support to place the facilities on the reservation in Shinnecock Hills or on land they owned in Hampton Bays, and they were not on the list of federally recognized tribes managed by the Bureau of Indian Affairs under the Department of the Interior.
But in September, a federal judge ordered the Department of the Interior to consider placing the Shinnecocks at the top of the list of tribes scheduled for consideration for placement on the list. Another federal judge had issued a decision recognizing the tribe in 2003, but it was not at the time deemed sufficient by the department to place them on the list. At the same time the tribe has had an application pending with the department since 1978.
According to a letter sent to the Shinnecocks’ trustees on Nov. 10, the Office of Federal Recognition began its “active consideration” of the application on that day. Representative Tim Bishop said the process should take about 18 months. Before the judge’s action, the tribe had expected to wait about a decade for consideration even though their application had been deemed complete by the department years ago.
“Yes, they have been bumped up in the queue, and I expect a judgment in the next year and a half. The Shinnecock gaming issue is anything but hypothetical,” Mr. Bishop said. He added that “as a layman it certainly appears to me they meet the criteria for a recognized tribe,” but he noted that their application will be thoroughly scrutinized.
Once they receive official recognition, the most significant obstacle will have been removed. The process to have a facility approved, however, will also take some time under the Indian Gaming Regulatory Act. To conduct gaming operations off-site of the reservation, “they have to designate a location to conduct gaming and it has to be taken into trust by the Department of the Interior.” The New York State Legislature and governor must also agree to the proposal.
According to Mr. Bishop, “they’re a long way from putting shovels in the ground, but the starting point of a federal recognition judgment has been made much sooner.”
Mr. Bishop welcomed the news of the naming of a county task force. “It’s a good idea if they find a suitable location with the right confluence of sufficient land, sufficient infrastructure, and it does not constitute an environmental degradation.” Community support will also be an important factor.
In the meantime, the task force will be able to gather information that would be important in determining whether such a site is available. County Legislator Jay Schneiderman, who voted for the measure after receiving assurance that there would be no consideration of a site on the South Fork, said, “I haven’t been able to nail them down on where they are thinking of putting it.”
According to Mr. Schneiderman, Kate Browning, a legislator from Brookhaven, was the sole dissenting vote for the measure. She told Mr. Schneiderman that her fear was it would end up in Brookhaven. “I don’t think it will end up in any community that doesn’t want it,” Mr. Schneiderman said. “I think Kate’s right. That Yaphank area near the [Long Island Expressway] might be eyed, and it’s smart to take a position against it.”
According to his discussions with Shinnecock leaders, he said they would prefer a site as close to New York City as possible. “As you go west, there’s more population, but that’s going to be hard too because there’s less land.”
He added that the old Grumman Aerospace Corporation site in Calverton was probably also in the mix, as well as the old Parr Meadows racetrack site near the William Floyd Parkway and the Long Island Expressway.
County Legislator William Lindsey and Legislator Wayne Horsley, the sponsors of the task force legislation, released information in support of the measure citing the creation of 10,200 new jobs and $445 million in new salaries as well as $2.5 billion in new revenue for local and state governments as potential benefits to the county.
According to Mr. Horsley, “we currently contribute to the staggering $234 million in estimated out-of-state gaming funds enjoyed by Connecticut residents. So the question is, why not take a hard look at what the benefits would be if we stopped riding the ferry and started spending our money here on Long Island. In our economy.”
Assemblyman Fred W. Thiele Jr., whose district spans most of the South Fork, was less enthusiastic about the idea. In a statement he said he opposed casino gaming in New York State, and voted against all proposals to expand it.
“In summary, the ills that accompany gaming more than outweigh any financial benefit,” he wrote. “In the long run, casino gaming will not promote our economy, rather, it will undermine it. The temptation to grasp at casino gaming during the current recession is understandable, but must be resisted.”
Mr. Thiele also asked why the task force would not include any village, town, state, or federal officials. “It is state and federal officials who have the final decision on gaming. Town and village officials have responsibility for land use in their communities. It is noteworthy that both County Executive Steve Levy and the [Long Island Association] have not yet embraced the idea of casino gaming in Suffolk.”
“It is ironic that the one level of government that has no jurisdiction, whatsoever, has decided to involve itself in this issue,” he wrote.