The Fort Sill Apache Reservation in southern New Mexico. Photo from Facebook
The National Indian Gaming Commission waited too long to make a decision affecting the Fort Sill Apache Tribe, a federal judge ruled last week. The Indian Gaming Regulatory Act imposes a series of deadlines when a tribe appeals a notice of violation, Judge Rosemary Collyer observed. Yet the NIGC failed to take action for more than three years. "At the very latest, the appeal has been ripe for decision since January 9, 2012 when the tribe notified NIGC that it would not seek any stay," Collyer wrote in the 14-page ruling. However, just days prior to Collyer's May 12 decision, the NIGC in fact took action on the appeal. On May 5, the agency said the tribe's reservation in southern New Mexico can't be used for a casino. The Bureau of Indian Affairs placed the reservation in trust in 2002. Under IGRA, the land can't be used for a casino because the NIGC said it does not meet any exceptions in Section 20 of the law. The tribe and the NIGC must now submit a joint filing to Collyer by May 26 to discuss the next steps in the case. Get the Story:
Agency Must Face Tribe's Delayed Ruling Claim (Courthouse News Service 5/15) NIGC Indian Land Determinations:
May 19, 2008 | April 30, 2009
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