The National Indian Gaming Commission has rejected a casino ordinance for the Tohono O'odham Nation of Arizona.

The tribe submitted an ordinance that refers to a site that is not yet in trust. Therefore it can't be approved under the Indian Gaming Regulatory Act, the head of the NIGC said.

"Congress intended that there be a general prohibition against gaming on trust lands that are acquired after the enactment of IGRA unless specific exceptions apply," NIGC Chairwoman Tracie Stevens wrote in an August 24 decision. "I must avoid interpreting those exceptions and their application in a manner that conflicts with Congress's stated intent."

"It is consistent with Congress's intent that the exceptions not be applied to land until the specific land is actually acquired and taken into trust," Stevens concluded.

The tribe owns 135 acres near Glendale. The Bureau of Indian Affairs has agreed to take part of the property in trust but the decision is being challenged in federal court.

The tribe intends to use the property for the West Valley Resort. The project has generated significant controversy in Arizona.

The tribe can resubmit its gaming ordinance if the land goes into trust, Stevens said.

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