Seneca Nation of Indians is among the controversial tribal casino operators, as it still has some issues with the local gaming authorities regarding its gaming compact. This week saw the New York State express its position that the tribal attempts to vacate the arbitration panel of three individuals have been launched too late for them to make a change. This January saw an arbitration panel of three individuals rule a US$255-million compensation has to be paid to the state.
When it comes to legal battles and defending one’s rights, time is always a crucial element that should be taken into account. This could be confirmed by the Native American tribe that fights for its rights and for the integrity of its gaming compact that has been established at the turn of the century.
Casino Allocations Reach US$255M
Earlier this year, projections have been expressed that the tribe was going to take advantage of the Indian Gaming Regulatory Act, which is what ultimately happened. In order to get away from paying gaming revenue allocations reaching US$255,877,747.44, Seneca Nation of Indians filed federal court action that aims to vacate the arbitration panel that issued the ruling.
Among the claims were statements that these individuals has no legal right to make amendments to the existing compact for operation inked in 2002. There was never an agreement for a compact extension past its last 14th year in 2016. However, now the New York State wants to make a clarification, guaranteeing the fair process down the road.
According to its recent statement, there is a three-month window in which the Native American tribe had the opportunity to make an objection. However, the said period of time was greenlighted in January, when the arbitration panel first issued its ruling regarding the casino revenue allocation. This was the first time when the panel made clear its position and it should be considered a starting point.
Host Communities Struggle
What the tribe considered a starting point for the aforementioned three-month window was April when the panel issued its final decision that the Seneca Nation of Indians has to pay US$255 million in gaming revenue allocations to the host communities. New York State also clarified before the New York Federal Court that the arbitration panel issued its final ruling on April 12, which left nothing to be further discussed and arbitrated.
Seneca Nation of Indians sought the opinion of New York State’s Secretary of the Interior, as he has the potential to conduct a detailed review of the situation. Now New York State made it clear that the Secretary of the Interior would not need to give a nod to the casino revenue payment decision. Moreover, the State also pointed out that the Native American tribe is making an attempt at tricking the system but it would not achieve the desired results.
Seneca Nation of Indians oversees tribal gambling locations to the likes of Seneca Niagara Falls Resort and Casino, Seneca Buffalo Creek Casino, and Seneca Allegany Resort and Casino. Lack of revenue allocations make it hard for the host communities to stay afloat and Niagara Falls recently bagged US$5 million in order to avoid running out of cash by the end of July.
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