Attorney General's News Release

March 27, 2000

Nixon wins battle on Indian gaming as federal official says state retains veto power over gambling proposals

Jefferson City, Mo. — Attorney General Jay Nixon won another battle against the possible incursion of land-based casinos into Missouri as a high-ranking federal official has ruled that the state will retain veto power over any possible proposals for Indian gaming.

Michael J. Anderson, Deputy Assistant Secretary - Indian Affairs for the U.S. Department of the Interior, ruled on Nixon's appeal of a July 1999 decision of the acting area director for the Bureau of Indian Affairs approving the trust acquisition of 68 acres of land for the Modoc Tribe of Oklahoma. The land is in Newton County, Missouri but lies across the border from trust land currently held by the tribe in Oklahoma.

Anderson's ruling stressed that, even if trust status were proper, any Indian gaming proposals by the Modoc tribe must receive approval from the Missouri governor before they can proceed. Nixon was concerned that if the Newton County land was taken into Indian trust, the tribe might set up gambling on the property without any regulation or approval from the citizens of Missouri or their representatives.

"This is the decision we sought," Nixon said. "Deputy Assistant Secretary Anderson has said the state of Missouri retains veto power over any possible Indian casinos on land within our borders. We also will have the right to weigh in on the Modoc proposal prior to having Missouri land taken into trust."

Anderson vacated the decision by the local BIA director approving the taking of land in Newton County into Indian trust for the Modocs. The Deputy Assistant Secretary told the local director to look at this issue again, but this time to solicit and consider comments from the Governor's Office and the Attorney General's Office on this application.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

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