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Brownsville casino plans could change under new governor

By Christine Haines 5 min read

BROWNSVILLE – The pursuit of Indian gaming for Brownsville could take a different turn in January when a new governor is seated in Pennsylvania. Gov. Mark Schweiker has made it clear that he does not support an expansion of gambling in Pennsylvania without local and statewide referendums approving it.

Both Democratic gubernatorial candidate Ed Rendell and Republican Mike Fisher have said they support expanding gambling in Pennsylvania to include slot machines at the current horse-racing tracks. Their stances on Native American casinos vary slightly.

“If, in fact, it’s a valid claim, I would certainly review it,” Rendell said of Indian gaming in Pennsylvania. “I would want to make sure the people whose area it is really want it there.”

Fisher’s stance is more restrictive, said campaign chairman Kevin Harley. “Mike Fisher, consistent with his policy, is opposed to expansion of gambling, except for the creation of slots at the race tracks in Pennsylvania,” he said.

He said Fisher would not oppose the construction of a new racetrack with slots in Erie, since state law already provides for construction of that track.

Fisher might not have the option of denying Indian gaming, however, if a tribe is able to establish a land claim in Pennsylvania.

The Indian Gaming Regulatory Act, recognizes the right of tribes to conduct gaming in states that already permit any form of gaming.

Pennsylvania has no recognized Indian tribes or Indian land. Obtaining land or recognition would be the first step in establishing a casino in the state. The second step would involve negotiating a compact with the governor. The compact would then need the approval of both the eastern regional offices of the Bureau of Indian Affairs and the central office of the BIA.

According to BIA Eastern Regional Office Deputy Director Brian Pogue, the process involves a series of public hearings and impact studies.

At least two tribes have been involved in discussions with property owner Ernest Liggett in the past several months, since talks with the Six Nations of the Grand River in Canada broke off. Liggett owns more than 120 parcels in Brownsville Borough and Brownsville Township.

Liggett announced a year ago that he was selling nearly all of his properties to Brownsville resident Don Kobaly. Since then, Kobaly has worked to clear or fix up a number of the vacant properties, though to date no deeds have been transferred.

Mike Pace, the economic development director for the Lenni Lenape (Delaware) tribe in Bartlesville, Okla., said Liggett met with Chief Dee Ketchum about four months ago.

“We never did even sign an agreement with him on any issue. We never proceeded past him having a visit with us,” Pace said. “It was something we looked at, but we never could get an agreement or enough information to make a decision.”

The Lightning Valley Village, a local band of Lenape headed by Alden Hillberry, is not affiliated with the federally recognized Oklahoma tribe. Hillberry said the group is staunchly opposed to gambling.

“We’re against it, absolutely, every one of us,” Hillberry said. “If we go by the Great Iroquois Law, it doesn’t allow any gambling at all.”

Hillberry said the local band tries to follow tradition as closely as possible in the modern times.

The Seneca Nation of Indians, headquartered in Salamanca, NY, also has been involved in discussions about a Native American casino in Brownsville.

The Seneca Indians historically lived in the area of New York and northern Pennsylvania.

Seneca land known as Cornplanter’s Grant was flooded by the Army Corps of Engineers during the construction of the Kinzua Dam, which was completed in 1964. The tribe could possibly file a land claim based on the lands taken through eminent domain and receive other land in Pennsylvania in exchange, but to date, no such claim has been filed, according to the BIA.

An attorney for the Seneca, Mickey Brown, was to meet with representatives of Gov. Schweiker’s office in July but was unable to attend the meeting.

“I was in Buffalo, New York,” Brown said regarding the July meeting date. “I’m doing work for the Seneca. We had some discussions a while ago with some legislators, but that was some time ago, back in April.”

The Seneca, a week ago, signed a compact with the state of New York for three new casinos in western New York. One will be located in Niagara Falls, one in Buffalo and one on existing reservation land to be developed in the future. Brown is expected to run the Niagara Falls casino.

“I started this type of work with Foxwoods,” Brown said, referring to the Foxwoods Casino operated by the Western Pequot tribe in Connecticut.

According to sources involved with the Brownsville casino discussions, the Brownsville project would be modeled after the one in Connecticut, where two tribes have compacts with the state. Foxwoods Casino returned $190.6 million to Connecticut between July 1, 2000, and June 30, 2001, equal to 25 percent of the gross revenue from the slot machines. The Mohegan Sun Casino returned $142 million to Connecticut during that same time period.

The Six Nations of the Grand River had been actively pursuing a casino project in Brownsville until a new council and chief were elected last November. The new council halted all further work on the Brownsville project in April.

The previous council had been working on an agreement with the Wyandotte tribe in Oklahoma. Wyandotte Chief Leaford Bearskin, in April, said he had spoken with both Phil Monture of Six Nations and Liggett about casino gambling in Brownsville.

“They were looking for a tribe to help them put a casino in Pennsylvania, and we said we wouldn’t do anything until the governor was on board. It’s his state. It’s up to him whether you get a compact for Indian gaming.”

Both the Wyandotte and the Delaware Indians have historic ties to southwestern Pennsylvania.

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