The National Indian Gaming Commission recently ruled the Ponca Tribe of Nebraska may move forward with its plans to build a casino on five acres it owns in Carter Lake, Iowa. However, officials in both Iowa and Nebraska oppose the venue, which the tribe has been pursuing for decades. Tribal Chairman Larry Wright Jr. said, “They have reaffirmed the tribe’s sovereign right to conduct gaming here. Now we can talk about real growth, real change, real development for our people in all of our areas. This is an economic engine that will help our tribe move forward and diversify into other areas. We look forward to having a respectful and productive dialogue with the appropriate officials in Iowa.”
The ruling was the second time the NIGC reaffirmed the Ponca Tribe’s right to build a casino on their land, which had been placed in federal trust. In 2007, both Nebraska and Iowa challenged the NIGC’s decision to allow the proposed casino. A federal judge ruled the NIGC lacked the authority to make the decision, but the 8th Circuit reversed that ruling and allowed the NIGC to reapply. The key issue in the second review was whether tribal lawyer had made an oral agreement that the tribe would not conduct gaming on the land. The commission rejected that argument and upheld its initial ruling. The NIGC wrote in its decision, “Upon review of the validity of the agreement between Iowa and the Tribe’s attorney, we conclude that the agreement is invalid and does not stop the Tribe from gaming under IGRA’s restored lands exception.”
The proposed casino would be located near privately owned casinos in Council Bluffs. Mayor Matt Walsh said the city expected to receive about $3 million in gaming taxes this year. He stated the Ponca casino “would cannibalize some of it but my sense is that it would not be a huge amount.” Carter Lake City Councilman Ron Cumberledge added, “Our whole goal for the next four years is economic development. If they bring an opportunity to our town, sure, I’m for that.”
The proposed casino development would offer 2,000 slot machines, 50 table games and a 150-room hotel, and create an estimated 1,800 jobs.
Geoff Greenwood, spokesman for Iowa’s attorney general, and Suzanne Gage, spokeswoman for Nebraska’s attorney general, both said their respective offices are reviewing the decision. Carter Lake is located on the west side of the Missouri River, next to the Omaha airport, Eppley Airfield.
