Feds ditch rule that foiled Indian tribes’ plans for off-reservation casino

The Obama administration announced Tuesday it has rescinded a rule that blocked Indian tribes from building casinos far from their reservations, reviving hopes among local officials for casino gambling in the Catskills. Assistant Secretary for Indian Affairs Larry Echo Hawk announced the policy change to tribal leaders at the National Congress of American Indians in Milwaukee. The change overturns the so-called commutability rule, created in 2008 by then-Interior Secretary Dirk Kempthorne. According to the rule, a casino beyond reasonable commuting distance from a tribe’s reservation was damaging to life on the reservation because its residents would move to follow the new jobs. “The 2008 guidance memorandum was unnecessary and was issued without the benefit of tribal consultation,” Echo Hawk said. “We will proceed to process off-reservation gaming applications in a transparent manner, consistent with existing law.” Under existing federal regulations, tribes must satisfy several requirements to operate an off-reservation gambling facility, including having land acquired in trust by the Department of the Interior for the benefit of the tribe; having agreement from the state’s governor; allowing public comment; and entering a tribal-state gaming compact...more