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Casino scores – OMAHA, Neb. (AP) — The Ponca Tribe of Nebraska has won another victory in the battle between Iowa and Nebraska to keep its newly opened casino in western Iowa.

The National Indian Gaming Commission announced Wednesday that it has granted the tribe permission to operate the Prairie Flower Casino on land it acquired in Carter Lake, Iowa.

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The $10 million Prairie Flower opened in November after a federal commission initially approved the tribe’s casino license in 2017, 10 years after the tribe tried to open a casino.

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The casino is technically in Iowa, but it’s on the west side of the Missouri River and is surrounded by Omaha. Opponents in Iowa and Nebraska, which already host three state-licensed casinos, are trying to shut it down because opponents in Iowa fear it would take away gambling tax revenue. Casino Omaha can attract crime.

Unlike other tribal casinos, Prairie Flower was not built on a reservation. The Ponca tribe, which was forced from their homeland along the Missouri River in Nebraska by the U.S. government in the 1870s, was not on a reservation. The U.S. government exterminated the tribe in the 1960s and confiscated its remaining land as part of a policy to lift restrictions and integrate Native Americans into mainstream American society. An attempt was made. The tribe regained its federal recognition in 1990, and most of its 4,500 members are from Iowa. Spread across 15 counties in Nebraska and South Dakota.

The federal commission’s decision to license Prairieflower misrepresented the tribe’s intentions when it initially announced plans for a health center in Carter Lake. In March, a federal judge overseeing the case ordered the commission to analyze whether it should reverse the commission’s 2017 conclusion that Cattle Lake reserved tribal lands for tribal casinos under federal law. What was rezoned to qualify?

“The parcel is reclamation of lands because it is in the tribe’s original territory and has a modern connection with the tribe based on a geographic factor,” the commission said.

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The Iowa attorney general’s office said Thursday it is reviewing the decision and “considering our next steps.” Dick Wade, an attorney representing Council Bluffs, acknowledged Wednesday’s ruling “complicates things” for the plaintiffs, though the city plans to continue the lawsuit to try to shut down the Ponca casino.

Nebraska Attorney General Doug Patterson had strong words for the commission Thursday, saying there was no input from stakeholders in the federal panel’s decision. He said it wrongly ignored the tribe’s original intent to use the land for a health clinic. Peterson called on the U.S. Department of the Interior and others at the federal level to review the commission’s work and governance.

Attorney James Magisto believes the commission’s reaffirmation in favor of the casinos will leave little room for debate. gaming machines in Iowa; Seen at Prairie Flower Casino owned and operated by the Ponca Tribe in Carter Lake. Courtesy photo

The Ponca Tribe may play the game on its trust land in Iowa. Federal regulators have ruled for the third time in a long-running saga.

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Federal recognition as a tribe restored, the National Indian Gaming Commission said on April 30 that the Poncas had the right to a casino on reclaimed lands on Carter Lake. The decision comes after a federal judge questioned the state of the prairie. Flower Casino, which opened last October amid lawsuits.

“The National Indian Gaming Commission has confirmed what we’ve known for more than a decade: The Ponca Tribe of Nebraska has the right to operate the Prairieflower Casino on its tribal land in Carter Lake, Iowa,” attorney James Magisto said. said in a statement. . .

A third resolution in support of the tribe was signed by NIGC Chairman Jonodev Chaudhary, who is leaving the agency after more than five years, and NIGC Vice Chairman Kathryn Isom Claus. A third NIGC member, E. Sequoyah Simermeyer, did not sign.

Chaudhary, a citizen of the Muskogee (Creek) Nation, will step down on May 15. He was nominated as chairman by former President Barack Obama and confirmed by the Senate four years ago.

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“During my tenure as chairman, the commission has worked hard at every turn to ensure compliance with Indian gaming regulations and a strong partnership with tribal gaming operations,” Chaudhary said in a press release. Chaudhary served as the Vice Chairman of NIGC before assuming the post.

Chaudhry and Isom-Clause, of the Pueblo of Taos, were two commissioners who signed a resolution in 2017 supporting the Ponca Tribe’s right to game. Opponents in Iowa and Nebraska went to court to challenge the decision, and the decision was upheld. Last month, the NIGC called for another look at the matter.

This decision led to a new NIGC decision on Tuesday. The federal government informed the court of the decision on Wednesday.

Tribal land on Carter Lake was annexed in 2003. Generally, land acquired after the passage of the Indian Gaming Regulatory Act in 1988 cannot be used for gaming.

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However, Article 20 of the Act contains an exception to this general rule. According to the NIGC, the “restored lands” exception is because the Poncas returned to federal recognition after Congress terminated their government-to-government relationship.

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