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Ponca Tribe confident of NIGC approval for casino plans in Iowa

Wednesday, October 20, 2010

The Ponca Tribe is confident the National Indian Gaming Commission will once again approve plans for a casino in Iowa.

A federal judge ruled that the NIGC lacked the authority to make the decision. But the 8th Circuit Court of Appeals reversed and gave the agency another chance to reconsider the matter.

"The Ponca Tribe of Nebraska is pleased with the ruling by the 8th U.S. Circuit Court of Appeals reversing the decision by U.S. District Court Judge Charles Wolle," Chairman Larry Wright said in a statement. "Today's reversal means the U.S government will get another chance to look at all the facts and make a proper decision."

The tribe acquired 4.8 acres in Carter Lake, Iowa, in 1999. The Bureau of Indian Affairs placed the land in trust in February 2003.

Generally, land acquired after the passage of the Indian Gaming Regulatory Act in 1988 cannot be used for gaming. But the law contains exceptions -- in this case, the Ponca Tribe said it qualified for a "restored lands" exception because it was restored to recognition by an act of Congress in 1990.

The NIGC agreed with the tribe in a December 31, 2007 decision. The agency rejected claims from the state of Iowa that the tribe agreed not to use the land for a casino.

The 8th Circuit said the NIGC should have taken the purported agreement into account when making the decision on the casino.

Get the Story:
Big battle ahead for Ponca casino (The Omaha World-Herald 10/20)
Carter Lake casino issue resurfaces after ruling (The Des Moines Register 10/20)
County candidates oppose C.L. casino (The Carter Lake Daily Nonpareil 10/20)
C.L. casino wins a round (The Carter Lake Daily Nonpareil 10/20)
Gaming panel to reconsider Ponca casino in Iowa (AP 10/19)

8th Circuit Decision:
Nebraska v. NIGC (October 19, 2010)

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