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Brewer Opposes Land Annexation

Posted on December 5th, 2010

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The Arizona Governor Jan Brewer, in opposition to the Tohono O’odham’s casino plans, filed a demand to the federal judge to stop the proposed casino project and disqualify the proposal of the tribe to make a strip of land near Glendale part of their reservation. The Arizona Governor’s legal counsel, Joe Kanefield, expressed that the allowing the tribe to use the land for their casino plans demoralizes Arizona’s ruling and power over their own land. It was the U.S. Department of Interior that allowed the tribe to make use of this land as part of their reservation. Moreover, the governor added that the state did not grant the tribe their approval.

The governor’s legal counsel also said that, “Although Congress may create Indian reservations, it goes too far when it chooses particular state land for a new reservation and disregards the objections of the state and municipality where the land is located.” Several Republican lawmakers of Arizona, accompanied by the Governor himself, asked the U.S. District Court office to block the possible occupation of the land during the filing of legal papers. U.S. District Court Judge David Campbell had chosen to pass the decision to the leaders of legislation which puts the day of 17th of February for the trial. Ned Norris Jr., the Chairman of Tohono O’odham, implied that there was a misinformation campaign. He added that this casino project will not only be a stepping stone to the success of the tribe, but also a “critical economic development project” for the state since the plan includes development of casinos, hotel and shopping stores which totals to an approximate value of $550 million.

Since January of this year, Gov. Jan Brewer showed her opposition to the annexation of the land as well as the development of the casino complex on the said parcel of land. In fact, Gov. Brewer had written a letter addressed to Ned Norris Jr. saying that the approved tribal gambling expansion was only supposed to allow tribes to construct casinos in their own reservations, not anywhere. She added that the casino development plan of the tribe should be put only on reservation lands.

However, the tribe insisted that in 1986, Congress had decided to allow the Tohono O’odham tribe to annex the lands in question as compensation for damages from a dam accident that left their reservation lands flooded. They believe that the land is rightfully theirs to annex as part of their reservation in the first place therefore allowing them to construct a casino within the purview of the 2002 gambling expansion bill approved by the voters. In this light, officials in the Federal level gave their approval to the tribe at the beginning of this year. Ned Norris Jr. said that, “This decision is based on a promise to correct a historical wrong … that the federal government made to the Tohono O odham Nation.”

Brewer insisted that the allowing the annexation of the land will casue problems in law enforcement. Under existing laws, the state’s criminal laws apply in reservations only when the offender and the victim are both non-indians. In any other case, the federal laws apply. Brewer expressed her concerns that the state will lose some of its power to enforce their own laws. Brewer further said “Consequently, the state would be unable to provide emergency responses to criminal activity without the consent of the tribe.”

Governor Jan Brewer claims that in the 2002 ballot, the tribe was given only permission to run a casino and share profits with the state but not to develop a new one. The tibe claims that the land awarded to them by the Department of Interior, is not part of Glendale at all. However, the Governor is not the only one opposed to the annexation of land. The Gila River Indian Community, the tribe closest to the parcel of land in question has also forwarded their complaints to the courts. Other Indian communities have also expressed their opposition to the grant of land.