The National Indian Gaming Commission issued a notice of violation to the Seneca Nation of New York, telling the tribe to close its off-reservation casino.

The notice said the Buffalo Creek Casino in Buffalo was operating in violation of the Indian Gaming Regulatory Act. The tribe does not have a federally approved gaming ordinance and the casino site does not qualify for gaming under IGRA, the NIGC said.

NIGC Chairman Phil Hogen said he was forced to act in response to a federal court decision that said the site was ineligible for gaming. Prior to the NOV, the agency defended the legality of the facility.

The tribe purchased the Buffalo site in 2005 with funds authorized by an act of Congress. Though IGRA bars gaming on lands acquired after 1988, it allows exceptions -- one exception applies to land acquired through a settlement.

In a July 8 ruling, Judge William M. Skretny said the tribe failed to qualify for the land claim exception. He reaffirmed his decision on August 26 and told the NIGC to come into compliance.

The tribe, which halted construction on a permanent home for the Buffalo casino, plans to appeal the NOV.

Get the Story:
Government Issues "Notice of Violation" to Seneca Nation (WKBW 9/3)
Feds declare Buffalo casino illegal (AP 9/3)