Justia Native American Law Opinion Summaries

Articles Posted in Gaming Law
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The Oklahoma Supreme Court previously declared that certain tribal gaming compacts the Oklahoma Executive branch entered into with the Comanche and Otoe-Missouria Tribes were invalid under Oklahoma law because the gaming compacts authorized certain forms of Class III gaming prohibited by state law. While "Treat I" was pending before the Supreme Court, the Executive branch entered into two additional compacts with the United Keetoowah Band of Cherokee Indians and the Kialegee Tribal Town. The parties to the compacts submitted the tribal gaming compacts to the United States Department of the Interior, and the Department of the Interior deemed them approved by inaction, only to the extent they are consistent with the Indian Gaming Regulatory Act (IGRA). The Oklahoma Supreme Court determined these new compacts were also not valid: for the new compacts to be valid under Oklahoma law, the Executive branch must have negotiated the new compacts within the statutory bounds of the Model Tribal Gaming Compact (Model Compact) or obtained the approval of the Joint Committee on State-Tribal Relations. Without proper approval by the Joint Committee, the new tribal gaming compacts were invalid under Oklahoma law. View "Treat v. Stitt" on Justia Law

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During negotiations for a new tribal-state compact between the Pauma Band of Luiseno Mission Indians and California, Pauma sought authorization to offer on-track horse racing and wagering and an expanded set of lottery games. The parties met and corresponded. In 2015, Pauma triggered the 1999 Compact’s dispute resolution process. In January 2016, the state confirmed its agreement to renegotiate the 1999 Compact in full and told Pauma that it “look[ed] forward” to receiving a draft compact from Pauma with Pauma’s “plans for on-track betting.” Rather than propose a draft compact or disclose any information about the on-track facility, Pauma notified the state that it wanted to separately negotiate each item of the compact and proposed modifications to the 1999 Compact’s lottery game language. California rejected Pauma’s piecemeal negotiation approach, rejected Pauma’s lottery game language, and advised that it would send a “complete draft compact to guide our future discussions.” The subsequent 140-page draft addressed a broad array of topics. Pauma never responded but filed suit.The district court held that California satisfied its obligation to negotiate in good faith under the Indian Gaming Regulatory Act, 25 U.S.C. 2701. The Ninth Circuit affirmed. The state agreed to negotiate for the new types of class III gaming that Pauma sought authorization to offer, actively engaged in the negotiations, and remained willing to continue the negotiations when Pauma filed the litigation. View "Pauma Band of Luiseno Mission Indians v. California" on Justia Law

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The Supreme Court affirmed the judgment of the court of appeal concluding that the Governor acted lawfully when he concurred in the determination of the United States Secretary of the Interior (Interior Secretary) to allow casino-style gaming on tribal trust land in California, holding that California law empowers the Governor to concur.Under the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq., the Interior Secretary may permit gaming on certain land taken into federal trust for an Indian tribe so long as the Governor of the state where the land is located concurs. At issue was whether the California Governor has the authority to concur in the Interior Secretary's determination to allow gaming on tribal trust land in California where the California Constitution has not granted explicit authority to concur in the cooperative-federalism scheme. The Supreme Court held that because the California Constitution, as amended in 2000, permits casino-style gaming under certain conditions on Indian and tribal lands and the Legislature imposed no restriction to the Governor's concurrence power, the Governor acted lawfully in concurring in the Interior Secretary's determination. View "United Auburn Indian Community of Auburn Rancheria v. Newsom" on Justia Law

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Through mediation efforts in connection with a federal lawsuit pending in the United States District Court for the Western District of Oklahoma, Respondent, the Honorable J. Kevin Stitt, Governor of Oklahoma, negotiated and entered into new tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes to increase state gaming revenues. The tribal gaming compacts were submitted to the United States Department of the Interior, and the Department of the Interior deemed them approved by inaction, only to the extent they were consistent with the Indian Gaming Regulatory Act (IGRA). The Comanche Nation and Otoe-Missouria Tribes were not parties to this matter; these tribes were sovereign nations and have not submitted to the jurisdiction of the Oklahoma Supreme Court. The limited question presented to the Oklahoma Supreme Court was whether Governor Stitt had the authority to bind the State with respect to the new tribal gaming compacts with the Comanche Nation and Otoe-Missouria Tribes. To this, the Supreme Court held he did not. The tribal gaming compacts Governor Stitt entered into with the Comanche Nation and Otoe-Missouria Tribes authorized certain forms of Class III gaming, including house-banked card and table games and event wagering. Any gaming compact to authorize Class III gaming had to be validly entered into under state law, and it was Oklahoma law that determined whether the compact was consistent with the IGRA. The tribal gaming compacts Governor Stitt entered into with the Comanche Nation and Otoe-Missouria Tribes were invalid under Oklahoma law. The State of Oklahoma was not and could not be legally bound by those compacts until such time as the Legislature enacted laws to allow the specific Class III gaming at issue, and in turn, allowing the Governor to negotiate additional revenue. View "Treat v. Stitt" on Justia Law

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Plaintiff cardrooms, filed suit challenging the Secretary's approval of a Nevada-style casino project on off-reservation land in the County of Madera, California by the North Fork Rancheria of Mono Indians, a federally recognized tribe. The district court granted summary judgment in favor of the Department and Secretary.The Ninth Circuit held that the Tribe's jurisdiction over the Madera Parcel operates as a matter of law and the Tribe clearly exercised governmental power when it entered into agreements with local governments and enacted ordinances concerning the property; because neither the Enclave Clause nor 40 U.S.C. 3112 are implicated here, neither the State's consent nor cession is required for the Tribe to acquire any jurisdiction over the Madera Parcel; and the Indian Reorganization Act does not offend the Tenth Amendment because Congress has plenary authority to regulate Indian affairs. Therefore, the Secretary's actions were not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. View "Club One Casino, Inc. v. Bernhardt" on Justia Law

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The Fifth Circuit held that the Restoration Act governs the legality of the Tribe's gaming operations, which bars gaming that violates Texas law, rather than the Indian Gaming Regulatory Act, which establishes federal standards for gaming on Indian lands. The court also held that the district court correctly enjoined the Tribe's gaming operations because the Tribe's operations run contrary to Texas's gaming law and the balance of the equities weighed in favor of the State. Finally, the court held that the Texas Attorney General had authority to bring suit. Accordingly, the court affirmed the district court's judgment. View "Texas v. Ysleta del Sur Pueblo" on Justia Law

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The Eighth Circuit held that the Indian Gaming Regulatory Act does not preempt the imposition of statewide tax on the gross receipts of a nonmember contractor for services performed in renovating and expanding the Tribe's gaming casino located on the Reservation. The court reversed the district court's grant of summary judgment for the Tribe and held that the Tribe has failed to show that the tax has more than a de minimis financial impact on federal and tribal interests. Furthermore, the State's legitimate interests in raising revenues for essential government programs that benefit the nonmember contractor-taxpayer in this case, as well as its interest in being able to apply its generally applicable contractor excise tax throughout the State, were sufficient to justify imposing the excise tax on the construction services performed on the Casino's realty. Finally, the court granted the State's motion to dismiss the State Treasurer and remanded for further proceedings. View "Flandreau Santee Sioux Tribe v. Haeder" on Justia Law

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After the Tribe failed to remit the use tax on goods and services sold to nonmembers at its casino and store, the State's Department of Revenue denied the Tribe renewals of alcoholic beverage licenses that were issued to the casino and the store. The South Dakota Office of Hearing Examiners upheld the decision and the Tribe appealed.The Eighth Circuit affirmed the district court's conclusion that imposition of the South Dakota use tax on nonmember purchases of amenities at the Casino is preempted by the Indian Gaming Regulatory Act (IGRA). Applying the analysis in White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), the court held that the Tribe’s on-reservation Class III gaming activity is analogous to the nonmember logging activity on tribal land at issue in Bracker, and to the nonmember activity in building a reservation school at issue in Ramah Navajo School Bd., Inc. v. Bureau of Revenue of N.M., 458 U.S. 832, 838 (1982). Furthermore, raising revenues to provide government services throughout South Dakota does not outweigh the federal and tribal interests in Class III gaming reflected in the IGRA and the history of tribal independence in gaming.However, the court reversed the district court's Amended Judgment declaring that the State could not condition renewal of any alcoholic beverage license issued to the Tribe on the collection and remittance of a use tax on nonmember consumer purchases. In this case, the Tribe has failed to meet its burden to demonstrate that the State alcohol license requirement was not reasonably necessary to further its interest in collecting valid state taxes. View "Flandreau Santee Sioux Tribe v. Noem" on Justia Law

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The Indian Gaming Regulatory Act, 25 U.S.C. 2701–21, allows some gambling on land held in trust for tribes, in every state, without prior approval. Class III gambling, which includes slot machines and table games such as blackjack, may be offered only in certain states if the tribe and state enter into a contract. Since 199,2 Stockbridge-Munsee Community, a federally-recognized tribe, has conducted gaming in Shawano County, Wisconsin. In 2008 Ho-Chunk, another federally-recognized tribe, opened a casino in Shawano County. Both feature class III gaming, authorized by contracts. In 2016 Ho-Chunk announced plans to add more slot machines and gaming tables, plus a restaurant, a bar, and a hotel. The Community sought an injunction, arguing that the Ho-Chunk land was not held in trust for the tribe on October 17, 1988. The parcel was conveyed to the tribe in 1969, but with a condition that was not lifted until 1989; in 1986, the Department of the Interior declared the parcel to be Ho-Chunk’s trust land. The Community argued that Ho-Chunk’s state contract treats its casino as an “ancillary” gaming facility and that the state has not enforced that limitation. The court dismissed the suit as untimely, reasoning that the Community knew or could have learned of both issues by 2008. The Act does not contain a statute of limitations, so the court looked to the Wisconsin limitations period for breach of contract or the Administrative Procedure Act's limitations period—each set a six-year limit. The Seventh Circuit affirmed, applying Wisconsin law. View "Stockbridge-Munsee Community v. Wisconsin" on Justia Law

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The Ninth Circuit affirmed the district court's order granting summary judgment to the state in an action brought by Indian tribes under the Indian Gaming Regulatory Act (IGRA). California permits certain forms of class III gaming under an effective tribal-state gaming compact. At issue was the termination provision in a 1999 compact.The panel held that the plain language of the IGRA permits tribes and states to negotiate the duration of a compact governing the conduct of a tribe's class III gaming activities. Therefore, the panel held that the termination provision in the compact at issue was not void under the IGRA. View "Chemehuevi Indian Tribe v. Newsom" on Justia Law