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Other competitors, potentially including Colonial Downs, could have requested the Secretary of Interior from authorizing Class II gaming by the Pamunkey. Opponents of the Norfolk casino could cite the Carcieri v. Salazar decision of the US Supreme Court. The judges determined that land acquired by a tribe which was not "under federal jurisdiction" in 1934 may not be taken into trust by the Bureau of Indian Affairs under the Indian Reorganization Act. Federal jurisdiction over the land is required before triggering the provisions of the Indian Gaming Regulatory Act and authorizing oversight by the National Indian Gaming Commission.
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