The National Indian Gaming Commission is working on an Indian land determination for the proposed Kialegee Tribal Town casino in Oklahoma.

The Red Clay Casino will be located on an Indian allotment. That appears to satisfy one component of the Indian land test.

The other test is jurisdiction. The Kialegee Tribal Town says it has been exercising authority over the land.

"Contrary to statements made about this project, there is no requirement for a transfer of jurisdiction to the Kialegee because we already have jurisdiction under our tribal treaty rights and in our capacity as a member of the Creek Confederacy," the tribe said in a press release. "Moreover, the Kialegee have been asserting and exercising government control and jurisdiction over this Indian Land for a considerable period of time. We have made great efforts to publicize ongoing Kialegee government control and jurisdiction over this Indian Land. These actions include posting permanent signage, flying the Kialegee flag and conducting and publicizing on-site tribal activities."

The NIGC hasn't said when it will complete its analysis. "We're still doing internal work, and we're in discussion with other folks," chief of staff Paxton Myers told The Tulsa World.

The allotment is held in trust for two members of the Muscogee Nation. Marcella Giles and Wynema Capps, who are sisters, are leasing it to the Kialegee Tribal Town. Two Florida attorneys are also working on the deal, according to news reports.

According to the Indian Gaming Regulatory Act, "Indian lands" means:

(A) all lands within the limits of any Indian reservation; and

(B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power.

Get the Story:
Tribe: 'great deal of misinformation' about BA casino (KRMG-TV 1/10)
Kialegees say they're within rights to build casino (The Tulsa World 1/10)
Broken Arrow school board votes to oppose Kialegee casino (The Tulsa World 1/10)
BOE resolution opposes casino, recognizes sovereignty (The Broken Arrow Ledger 1/10)
Broken Arrow School Board Asks Tribe Not To Build Red Clay Casino (News on 6 1/10)
Transfer of jurisdiction addressed, BOE to meet (The Broken Arrow Ledger 1/9)
BA school board opposes Kialegee casino (KJRH-TV 1/9)
Meet Out-Of-State Partners Behind Broken Arrow Casino (News on 6 1/9)
BA School Board opposes casino construction (KRMG-TV 1/9)

Related Stories:
Muscogee Nation working on position on Kialegee casino plan (1/9)
Column: Love-hate relationship with Oklahoma tribal casinos (1/9)
Kialegee Tribal Town reports vandalism at site of new casino (1/6)
Oklahoma attorney general jumps into Kialegee casino dispute (1/5)
City wants Kialegee Tribal Town to stop working on casino site (1/4)
Editorial: Community says no to Kialegee Tribal Town's casino (1/4)
Kialegee Tribal Town stirring controversy with plan for casino (1/3)