Another Challenge to NIGC's Indian Lands Determination

In Iowa, the state Attorney General has filed suit in federal court to stop the Ponca Tribe of Nebraska from operating gaming in Carter Lake, IA.

Late last year, the NIGC had determined that the Carter Lake parcel, located near Council Bluffs, qualified as "restored lands" under IGRA's exceptions to the general prohibition against gaming on newly acquired lands. Iowa officials are relying in part on the fact that the NIGC reversed itself: in October 2007, it determined that the lands were not restored, but in December 2007, it reversed that decision. The state also is concerned about the impact on commercial gaming in Council Bluffs: according to Council Bluffs Mayor Tom Hanafan, tribal gaming is less desirable than state-sanctioned gaming that "all pay taxes."

That's a revenue-sharing alert, folks.

Complicating matters: The Secretary's new "Section 20" regulations that limit the reach of the restored lands exception.

Both NIGC decisions are available from the NIGC's web site, here. Read more at "Miller Files Lawsuit Over Gaming Legality."