The parcel, on the North Fork of the Siuslaw River off Highway 126, is owned by the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians. The tribal group, which has been trying to gain a casino since the early 1990s, wanted to open the gaming center by July 2003. The lawsuit could delay that by a year or more.

In announcing the litigation, Gov. John Kitzhaber said he objects to the Interior Department's conclusion that the parcel is restored tribal land, a determination that means Kitzhaber doesn't have the normal veto power he does over land acquired after the 1988 Indian Gaming Regulatory Act. The parcel in question was acquired in 1998.

"I have given Interior's determination careful consideration, but in the interest of the state in terms of the larger potential for siting other tribal gaming facilities, I am taking this action," states Kitzhaber in a news release. "I am concerned that Interior's decision will significantly impinge any governor's authority under the law."