Indian Gaming > NIGC allows gaming on fee land not held in trust

August 08, 2005

NIGC allows gaming on fee land not held in trust

The Osage Nation of Oklahoma can conduct gaming on fee land within its reservation, the National Indian Gaming Commission's top attorney said in a July 28, 2005, letter [PDF | Text].

The tribe paid $800,000 for 105 acres in Osage County. The land is not held in trust, according to records.

Nevertheless, the tribe can operate a casino on the land because it is located within the boundaries of a reservation that has never been disestablished, acting general counsel Penny Coleman said in the letter. Coleman cited numerous references to the reservation's continued existence.

The decision clears the legality of the tribe's new Million Dollar Elm Casino, which opened to the public last week. The 47,000 square-foot facility contains 1,023 electronic machines and 12 blackjack tables, The Oklahoman reported.

Coleman asked the Interior Department to concur with the letter but a response hasn't been sent, the paper said. If upheld, the Osage Nation will be the only tribe in Oklahoma that will not have to go through the land-into-trust process for gaming or other purposes.

Get the Story:
Federal panel says tribe free to add casino (The Oklahoman 8/6)
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