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: