"The Santee Sioux Tribe has hit another setback in its efforts to keep open a gambling casino in northeast Nebraska.

The National Indian Gaming Commission in Washington, D.C., has upheld a federal administration judge's recommendation that the casino be ordered to close.

The judge, Kathryn Lynn, had said the tribe should close the casino because it doesn't have an agreement with the State of Nebraska to run a casino. That is the contention that state and federal authorities have made throughout their efforts to shut down the Indian casino.

U.S. Attorney Tom Monaghan said Thursday that he had expected the commission to rule against the tribe. 'I'm pleased, but not surprised,' he said.

Armed with the commission's decision, Monaghan said he will return to U.S. District Court in Omaha to ask for an order that the casino be closed.

He said he won't take any action to enforce the commission's closing order before returning to U.S. District Court.

'We will proceed through the courts,' Monaghan said.

Last month , U.S. District Court Judge William Cambridge declined to accept the case, saying he would not consider the matter until the National Indian Gaming Commission issued its decision.

The Santee Tribe opened its casino on reservation land at Santee, Neb., on Feb. 2 and has been challenging the federal governments efforts to close the casino ever since.

The tribe closed the casino May 6 in response to an order by the chairman of the Indian Gaming Commission, Harold Monteau. However, the tribe reopened the casino June 28 in defiance of Monteau's order."

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