The National Indian Gaming Commission issued its long-awaited Indian lands determination for the Kialegee Tribal Town of Oklahoma.

According to the opinion, the site can't be used for the Red Clay Casino because the tribe lacks jurisdiction over it, a key requirement under the Indian Gaming Regulatory Act. A review of treaties, federal court decisions and federal laws shows that the Muscogee Nation exercises authority over the land, the NIGC said.

However, the NIGC left the door open for the Kialegee Tribal Town to assume jurisdiction over the site, which is an allotment owned by two members of the Muscogee Nation. The Kialegees could follow the land-into-trust process, the agency said.

"Likewise, if land were taken into trust for the Kialegee Tribal Town within the former Creek Reservation, the Kialegee Tribal Town would have exclusive jurisdiction over such land," the NIGC said.

But for now, NIGC Chairwoman Tracie Stevens warned the tribe not to engage in gaming at the site. She said she will issue a notice of violation if that happens.

"Operating on Indian lands ineligible for gaming by the tribe is a violation of IGRA and NIGC regulations," Stevens wrote in a letter to Tiger Hobia, the leader of the tribe.

The NIGC's ruling came after a federal judge granted a temporary injunction to the state that blocks the tribe from engaging in Class III activities on the land.

Get the Story:
NIGC rules Kialegee can't open casino (Fox 23 News 5/25)
National Indian Gaming Commission denies Kialegee BA building rights for Red Clay (KJRH-TV 5/25)
Indian Gaming Commission rules against Kialegee casino (The Tulsa World 5/25)

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Editorial: Kialegee Tribal Town loses big gamble with casino bid (5/22)