July 30,2001 

President Bruce Gonzales 

Delaware Tribe of Oklahoma 

PO Box 825 

Anadarko, OK 73005 

Dear Mr. Gonzales: 

The Region V Chief requested that we determine whether the proposed Biscuit Hill site 

qualifies as Indian lands for gaming purposes under the Indian Gaming Regulatory Act. 

While there may be circumstances of which we are unaware, our preliminary view is that the 

lands do not presently constitute Indian lands for purposes of conducting gaming. 

The Delaware Tribe is a federally recognized Indian tribe located within the State of 

Oklahoma It proposes to game on lands described as follows: 

A tract of land beginning 1281.07 feet South and 44.8 feet West of the 

Northeast comer of the Southwest quarter (NE/[approximately 3 letters 

illegible on warranty deed]/4) of Section TEN (10). Township TWELVE 

(12) North, Range ELEVEN (11) West of the Indian Meridian, Caddo 

County, Thence West 300 feet; Thence South 300 feet; Thence East 300 feet; 

Thence North 300 feet to the point of beginning. 

This tract of land was the subject of a June 11, 1999, Quit Claim Deed by Biscuit Hill, Inc. in 

favor of the Tribe. On the same date, Biscuit Hill conveyed the tract to the Tribe by 

Warranty Deed. There is no restriction against alienation described on either deed. 

In a June 6,2001, memorandum fiom Cory Aronovitz to Rainmaker Development LLC, Mr. 

Aronovitz indicated the Biscuit Hill property fell within the Indian Gaming Regulatory Act 

provision that "such lands are located in Oklahoma and - (i) are within the boundaries of the 

Indian tribe's former reservation, as defined by the Secretary, or (ii) are contiguous to other 

land held in trust or restricted status by the United States for the Indian tribe in 

Oklahoma. . . ." 

In a June 8,2001, memorandum fiom Cory Aronovitz to Rainmaker Development LLC, Mr. 

Aronovitz stated that the Biscuit Hill property "has been removed fiom the State tax-roll, 

placing the property in a restricted status. Restricted land status in Oklahoma may conduct 

gaming pursuant to IGRA, Section 2719 (see previous memorandum) (sic). Therefore, the 

Biscuit Hill property may commence Class II gaming." There is no documentation or 

analysis in either of Mr. Aronovitz's memoranda supporting these conclusions. 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NlGC.GOV 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa. OK 
In a June 26, 2001, letter fiom Vernon Crurnm, Caddo County Assessor, to the Tribe, Mr. 

Crumm stated that this "property was made non-taxable when transferred to the tribe. Hinton 

10-1 1-N-11 W Biscuit Hill." In a July 30, 2001, telephone conversation with Penny J. 

Coleman, Deputy General Counsel, Mr. Crumrn informed Ms Coleman that the County does 

not differentiate between fee and trust lands and that the County simply takes land off the tax 

roll as soon as it is transferred to a tribe, regardless of the land status. 

Mr. Kirke Kickingbird, tribal attorney, indicates that the land has not been acquired in trust or 

otherwise by the United States on behalf of the Tribe. Therefore these,lands are not trust 

lands and do not appear to be restricted against alienation by the United States as required by 

25 U.S.C. 2703(4)(B) (definition of Indian lands). Consequently, we do not believe that 

these lands constitute Indian lands under the Indian Gaming Regulatory Act. 

Sincerely, 

Penny J. coleman 

Deputy General Counsel 

cc: Chief, Region V 

Director, DOE 

K Kickingbird