The state of Kansas opposed the Wyandotte Nation’s land into trust application, citing its need to protect its economic interests.

 

PARK CITY, Kan. – The Department of Interior has rebuffed a land into trust application from an Oklahoma tribe seeking to open a casino near Wichita.

According to a July 3 letter from Assistant Secretary of Indian Affairs Kevin Washburn to Billy Friend, chief of the Wyandotte Nation, the tribe’s application was denied because of a determination that the tribe did not have sufficient trust funds to purchase both the 10.5-acre tract of land in Park City, Kan., and a parcel near Kansas City, Kan., where it operates a casino. The Wyandotte Nation acquired the Park City property in 1992 and the Kansas City property in 1996 and had claimed that the federal government had to take both sites into trust since the properties were purchased with judgment funds received from the Indian Claims Commission.            

Under the terms of the Indian Gaming Regulatory Act, tribes may only conduct gaming operations on land held in trust by the United States or on a reservation.

The state of Kansas opposed the Wyandotte Nation’s land into trust application, citing its need to protect its economic interests. In the 10-page letter to Friend, Washburn sided with the state and argued that the tribe had potentially exaggerated the amount of interest accrued by the trust funds.

“We find the state’s submissions compelling and without information that is contrary to or effectively rebuts the arguments presented by the state, we must find that the nation could not have purchased the Park City parcel using only 602 (trust) funds,” Washburn wrote.

On Monday afternoon, the Wyandotte Nation released the following statement in response to the DOI decision:

“The Wyandotte Nation is disappointed in the Interior Department’s decision to forego its mandatory duty under federal law to take the Park City land into trust.

For the past 22 years, the nation has steadfastly contended that the department has a mandatory duty to take the Park City land into trust for the Wyandotte.  This decision by the Assistant Secretary for Indian Affairs only furthers the resolve of the nation to vindicate that right.

The nation will continue to pursue all legal and regulatory avenues available to have the land taken into trust.”

Meanwhile, Kansas Attorney General Derek Schmidt also released a media statement Monday, this one celebrating the federal government’s ruling.

“This decision is one more successful step in defending Kansas law, which does not allow a tribal casino in Sedgwick County,” he said. “If there are later efforts by the tribe or others to contest the Department’s denial of the application, we will continue to vigorously defend our state’s legal interests.”