Litigation | NIGC

Fort Sill Apache Tribe awaits ruling on gaming for New Mexico

Wednesday, May 6, 2015

The Fort Sill Apache Reservation in southern New Mexico. Photo from Facebook

The Fort Sill Apache Tribe is hoping for some action on its plan to open a casino in New Mexico.

The tribe's reservation in the southern part of the state was placed in trust in 2002. However, the National Indian Gaming Commission has said the land can't be used for gaming.

The tribe asked NIGC to reconsider its determination. But when the process appeared to be dragging out, the tribe filed a lawsuit in federal court in Washington, D.C.

"Although the administrative record for the tribe's administrative appeal was completed years ago, and despite repeated requests from the tribe, the NIGC continues to refuse to rule upon the appeal," the June 6, 2014, complaint states.

The agency has asked the judge to dismiss the case for lack of jurisdiction. A decision hasn't been issued but the tribe recently discovered an e-mail that indicated the NIGC is purposely withholding its ruling on the land determination.

In the December 2014 message, NIGC's acting general counsel said the agency won't issue a decision "as to not interfere with the court's proceedings."

The e-mail also noted that the NIGC had undergone "significant change" in terms of its leadership. But the situation changed last month when the Senate confirmed Jonodev Chaudhuri, a member of the Muscogee Nation, for the chairman's post.

“We need to have the matter determined federally,” Fort Sill Apache Chairman Jeff Haozous told The Albuquerque Journal. He said the NIGC's decision will help efforts to negotiate a Class III gaming compact in New Mexico.

Get the Story:
Tribe ‘in limbo’ over NM casino (The Albuquerque Journal 5/6)