FOLLOW UP: New York Governor's letter seeking to rescind "guidance memo" is under consideration

Earlier this month we reported that New York Governor Patterson wrote to Interior Secretary Salazar, asking him "to  to undo a Bush administration policy that restricts taking off-reservation land into trust for gaming and prevents New York tribes from economic development." Patterson is urging the Department to reverse the  “guidance memorandum” issued by his predecessor, Dirk Kempthorne, in January 2008. That memorandum cited  “commutability” as a new standard for denying off-reservation trust applications for gaming purposes – even though “commutability” does not appear anywhere in the federal regulations or procedures.

As reported in Indian Country Today, Patterson is most concerned with applications from St. Regis Mohawk Tribe and Stockbridge-Munsee Community Band of Mohican Indians because both applications involved land in the depressed Sullivan County area of New York state. He has said that "the economic development potential associated with the projects is the stimulus these tribes and this area of the state desperately need.”

So far no decision has been made yet, but the requests to rescind the guidance memorandum are under consideration by the BIA. 


We will continue to follow this story.

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