Here is the opinion in State of Nebraska v. United States Dept. of Interior. A split decision. Here is the court’s syllabus:
Civil case – Indian law. Case remanded to the National Indian Gaming Commission to permit that body to determine whether a valid agreement exists which would estop the Ponca Tribe from raising the restored land exception to the bar on using certain lands for gaming purposes; if the Commission determined that no valid agreement exists, it may then proceed to reexamine the question of whether the land in question is eligible for gaming under the Indian Gaming Regulatory Act’s restored land exception; on remand the Department of the Interior and the Gaming Commission should also consider the impact of the Ponca Restoration Act on the restored land issue. Judge Kornmann, dissenting.
And the materials:
Lower court materials here.
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