In This Issue:
- INDIAN COUNTRY AWAITS 9TH CIRCUIT’S EN BANC REHEARING IN BIG LAGOON CASE:
In January, a split 9th Circuit panel shocked Indian Country with its holding in Big Lagoon Rancheria v. California that the State’s failure to negotiate in good faith for a tribal-state gaming compact with the Big Lagoon Rancheria of California did not violate the Indian Gaming Regulatory of 1988 Act (“IGRA”) because the lands at issue were not“Indian lands” under Carcieri. The Court held that the proposed gaming parcel was improperly accepted into trust due to the Supreme Court precedent of Carcieri v. Salazar, which held that the Indian Reorganization Act of 1934 only authorizes the Government to take land into trust status for those tribes “under federal jurisdiction” as of June 18, 1934. Because IGRA only requires good-faith negotiations for gaming on Indian lands, the Ninth Circuit dismissed the good-faith suit...
- POJOAQUE’S PLAN TO SEEK AN IMPOSED COMPACT: IS INTERIOR’S PROCESS CONSISTENT WITH IGRA?
The Pueblo of Pojoaque needs a new Class III gaming compact by June 2015 in order to continue operating its casinos which are located north of Santa Fe. However, the Pueblo objected to the financial concessions being demanded by New Mexico’s Governor Susana Martinez, concessions similar to those previously accepted by a number of other Pueblos in the state that also were facing the June 2015 expiration date for their compacts....
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