The
Fort Sill Apache
Tribe can't use its reservation in New Mexico for a casino, the
National Indian Gaming Commission said in a newly-published ruling.
Generally, land acquired after 1988 can't be used for a casino. The
Bureau of Indian Affairs placed the reservation in trust in 2002 but the tribe argued that it was entitled to an exception in the
Indian Gaming Regulatory Act.
The NIGC, however, said the site does not qualify for the restored tribe, land claim, initial reservation or last recognized reservation exceptions that are listed in Section 20 of IGRA. The agency's ruling was signed by Chairman Jonodev Chaudhuri, who was confirmed by the
Senate last month, and Commissioner Daniel Little.
"The commission wishes to reiterate that we appreciate the history of hardship and suffering endured by the Fort Sill Apache's ancestors, as well as the fact that such history now puts the present-day tribe in a difficult position vis-a-vis its desire to operate a gaming facility in New Mexico," the
decision stated.
The tribe had filed a lawsuit in hopes of forcing the agency to take action.
With a final decision in hand, another lawsuit is expected.
NIGC Indian Land Determinations:
May
19, 2008 |
April
30, 2009
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