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Because the Mohegans had formed a joint venture with the Mashantucket Pequot tribe to open up the new casino on non-reservation land, it was necessary for BIA to ratify the amendment to the revenue sharing agreement to make sure it applied to the new casino property, a condition of the Connecticut state government’s final approval of the project. BIA approval, however was not to be forth coming. Trump appointed Interior Secretary Ryan Zinke made the decision to throw out expert advice recommending the agreement be approved in a controversial decision to take no action. Zinke’s decision not to act, as outlined in a series of heavily redacted documents released by the news site Politico earlier this year, has stirred controversy amid insinuations that Zinke was heavily influenced by lobbying efforts made by MGM Resorts International to block the tribes’ casino plans. MGM, who has been a staunch opponent of the tribe’s casino, is currently in the final stages of developing a $950 million casino project in nearby Springfield, Massachusetts and fears the tribes’ casino plans could cannibalize some of its potential business. As described in USA Online Casino’s previous coverage of the issue, the Huffington Post reported that David Bernhardt, Deputy Secretary of the Department of the Interior, met with Gale Norton, former Interior Secretary under the Bush administration and currently an MGM lobbyist, to specifically discuss MGM’s opposition to the tribes’ plans. Politico’s Freedom of Information Act resulted in the release of the heavily redacted emails showing that the department had already circulated draft approval letters before MGM lobbyists stepped into the picture. Within 48-hours of meeting with the MGM lobbyist, thanks to intervention by Zinke’s office, the whole process ground to a halt, with orders from the political appointees on high dictating that department officials neither approve or reject the request, leaving both the tribe and the state of Connecticut in administrative law limbo. As a result of the BIA’s inaction, Connecticut lawmakers pushed the department of Interior’s Inspector General (IG) to investigate the seemingly groundless, politically inspired holdup. The revelations of intentional inaction also forced the tribe to sue Secretary Zinke and the BIA in the U.S. District Court for the District of Colombia, arguing that Zinke’s refusal to approve or deny the ratification request was in breach of his sworn responsibility to uphold administrative law and fulfil the duties of his office.
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