Class III Gaming Compact – Page 10

The district court concluded next that joinder would not be feasible because the Tribe enjoys sovereign immunity as a federally recognized Indian tribe. Appellants challenge the validity of the Tribe’s federally recognized status but concede its existence. Indeed, the Tribe has been federally recognized since at least 1985, see Indian Tribal Entities Recognized and Eligible to Receive Services, 50 Fed. Reg. 6055-02 (Feb. 13, 1985), and it thus has “the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States,” Indian Entities Recognized and Eligible to Receive Services from the Board of Indian Affairs, 77 Fed. Reg. 47,868-01 (Aug. 10, 2012).

Briefs and link to oral argument audio here.

Lower court materials here.

Ninth Circuit Materials in Friends of Amador County v. Salazar (Jewell)

January 28, 2014January 28, 2014Matthew L.M. Fletcher1 Comment

Here:

Friends Opening Brief

Tribe Answer Brief

Friends Reply Brief

Oral argument audio here.

Lower court materials here.

Split Ninth Circuit Panel Reverses Big Lagoon Rancheria v. California

January 21, 2014January 21, 2014Matthew L.M. Fletcher5 Comments

Here is today’s opinion. The court’s syllabus:

Reversing the district court’s summary judgment, the panel held that the State of California did not violate the Indian Gaming Regulatory Act by failing to negotiate in good faith for a tribal-state gaming compact with Big Lagoon Rancheria.

The panel held that a tribe must have jurisdiction over “Indian lands” in order to file suit to compel negotiations under IGRA. Specifically, the tribe must have jurisdiction over the Indian lands upon which the gaming activity is to be conducted.

The panel held that although the State’s objection to the “Indian lands” requirement could be waived because it was not a matter of subject matter jurisdiction, the State preserved this issue for review. The panel held that the parcel at issue was not Indian lands, which include lands held in trust for a tribe, because under Carcieri v. Salazar, 555 U.S. 379 (2009), the Bureau of Indian Affairs’ authority to take lands in trust for a tribe extends only to tribes under federal jurisdiction in 1934. Because Big Lagoon was not such a tribe, the BIA lacked authority to purchase the parcel in trust for Big Lagoon in 1994. Accordingly, Big Lagoon could not demand negotiations to conduct gaming on the parcel, and it could not sue to compel negotiations if the State fails to negotiate in good faith.

Dissenting, Judge Rawlinson wrote that the parcel was Indian lands under IGRA because under Guidiville Band of Pomo Indians v. NGV Gaming, 531 F.3d 767 (9th Cir. 2008), the State could not collaterally attack the BIA’s designation of trust lands years after its administrative and legal remedies had expired.

Briefs are here.