AationaI 3nbtan Qamtng &ommt$$ion 

In the Matter of 1 

) CO-96-0 1 

Santee Sioux Tribe of Nebraska 1 

1 

ORDER 

Pending before the National Indian Gaming Commission (Commission) is a motion filed 

on May 15,2001, by the Santee Sioux Tribe of Nebraska (Tribe) to dissolve the closure order 

that the Commission issued on July 3 1, 1996. The basis for the Tribe's motion is its assertion 

that it has decommissioned and removed the video poker and video blackjack gambling devices 

that formed the basis of the closure order. For the reasons set forth below, the Commission 

grants the motion in part and rescinds the final Closure Order dated July 3 1, 1996. 

iCi@ BACKGROUND 

On April 25, 1996, then-Chairman Harold Monteau of the National Indian Gaming 

Commission (NIGC) issued a Notice of Violation to the Tribe for operating Class 111 video poker 

and video black-jack devices without a tribal-state compact and, thus, in violation of the Indian 

Gaming Regulatory Act (IGRA), 25 U.S.C. $9 2701 -272 1 (2001). 

On May 1, 1996, Chairman Monteau followed the Notice of Violation by ordering the 

Tribe to close its gaming casino. (See Revised Order of Temporary Closure, Ref. No. CO-96-01, 

May 1, 1996.). And on May 2, 1996, after expedited review proceedings pursuant to 25 C.F.R. 

$ 573.6(c), Chairman Monteau refused to lift the closure order. (See Decision of the Chairman 

on Expedited Review, Ref. No. CO-96-01, May 2, 1996.) 
The Tribe appealed the Chairman's action to the full commission. On July 3 1, 1996, the 

full Commission issued a lengthy opinion addressing numerous arguments raised by the Tribe '1 4 

and affirming and making permanent the Chairman's May, 2, 1996, closure order.' 

On May 15,2001, the Tribe filed a motion to dissolve the Commission's permanent 

closure order. Attached was the Declaration of Roger Trudell, Chairman of the Tribe. In his 

declaration, Chairman Trudell alleges that on May 15,2001, the Tribe ceased to operate the 

gaming devices that were the subject of the Commission's order and indicating that the Tribe has 

begun operating a court-sanctioned Class I1 gaming device. 

FINDINGS 

The Commission credits the assertions made by Chairman Trudell in the declaration 

attached to the Tribe's motion. Moreover, the Chairman of the NIGC directed Region Chief 

John Peterson of NIGC Region IV, located in St. Paul, Minnesota, to travel to the Santee Sioux 

wwv Tribe's gaming operation in Nebraska to veriQ Chairman Trudell's assertions. Region Chief 

Peterson verified that the gaming devices that were the subject of the Commission's enforcement 

action are no longer present at the Tribe's gaming operation. (See Declaration of John Peterson, 

NIGC Region Chief, May 30,2001). Based upon this evidence, the Commission hereby finds 

that the Tribe is no longer operating the illegal Class 111 gaming devices that were the subject of 

the NIGC closure order. 

'pursuant to 25 1J.S.C. § 2713(c), the Tribe appealed the Commission's decision in Federal district court. On 

November 4, 1999, the United States District Court for the District of Nebraska entered Judgment in favor of the 

NIGC. Santee Sioux Tribe of Nebraska v. National Indian Gaming Commission, 8:99CV205 (D. Neb. November 

4, 1999.) 
CONCLUSION AND ORDER 

Nearly five years after the NIGC ordered closure of the Tribe's casino, and after \1,4 

extensive litigation between the Tribe and the United States, the Tribe has taken the corrective 

action ordered by the NIGC. Because the Tribe is no longer operating the video poker and video 

black jack games that gave rise to this enforcement action, the Commission hereby GRANTS the 

Tribe's motion in part and ORDERS that Closure Order 96-01 be, and hereby is, RESCINDED 

to the extent that the Closure Order required closure of the Tribe's entire gaming operation. As 

to the particular video poker and video blackjack games that instigated the Commission's 

enforcement action, however, the Closure Order shall remain in effect until such time as such 

gaming becomes lawful whether through a tribal-state compact or alternative compact 

procedures approved by the Secretary of the Interior or other means. 

IT IS SO ORDERED. 

Chairman 

Commissioner 

 his Order addresses only the issue before the Commission. In its ongoing litigation with the Department of 

Justice, the Tribe has several remaining issues, such as contempt of court penalties, that should must be addressed, if 

at all, by the appropriate court. 111 4 3