Butte County Loses Challenge to NIGC Compact Approval

Here are the materials and documents in the matter of Butte County, CA v. Chadhouri et al, 08-cv-00519 (D.C. July 15, 2016):

Doc. 115 – Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Summary Judgment

Doc. 117 – United States’ Opposition to Plaintiff’s Motion for Summary Judgment and Cross Motion for Summary Judgment

Doc. 119 – Intervenor Mechoopda Indian Tribe’s Memorandum in Opposition to Plaintiffs’ Motion for Summary Judgment

Doc. 121 – Memorandum on Opposition to Defendants’ Cross-Motion for Summary Judgment and Reply in Support of Plaintiff’s Motion for Summary Judgment

Doc. 124 – Intervenor Mechoopda Indian Tribe’s Consolidated Reply to Plaintiff’s Memorandum in Opposition to Intervenor Mechoopda Indian Tribe’s Cross Motion For Summary Judgment and Plaintiff’s Memorandum in Opposition to Defendants’ Cross Motion for Summary Judgment and Reply in Support Of Plaintiff’s Motion For Summary Judgment

Doc. 125 – United States’ Reply in Support of its Cross Motion for Summary Judgment

Doc. 128 – Memorandum-Decision and Order

Link to previous coverage here.

 

Amended Opinion from 9th Circuit in JAC v. Chadhouri

Download order and amended opinion here.

Link to previous coverage here.

NIGC Vacancy: Legislative and Intergovernmental Affairs Coordinator

Link to USAJobs announcement here.

Ninth Circuit Rejects NEPA Challenge to NIGC Authority

Here is the opinion in Jamul Action Committee v. Chaudhuri.

The court’s syllabus:

The panel affirmed the district court’s denial of a petition for a writ of mandamus under the Administrative Procedure Act of a group of tribal members and organizations, alleging that the National Indian Gaming Commission violated the National Environmental Policy Act when it approved the Jamul Indian Village’s gaming ordinance for a casino in Jamul, California, without first conducting a NEPA environmental review. The district court held that the Gaming Commission’s approval of the 2013 gaming ordinance was not “major federal action” within the meaning of NEPA requiring the preparation of an environmental impact statement. Affirming on different grounds than the district court, the panel held that even if the GamingCommission’s approval of the gaming ordinance was a major federal action within the meaning of NEPA, the GamingCommission was not required to prepare an environmental impact statement because there was an irreconcilable statutory conflict between NEPA and the Indian Gaming Regulatory Act, pursuant to San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 648 (9th Cir. 2014) (holding that an agency need not adhere to NEPA “where doing so ‘would create an irreconcilable and fundamental conflict’ with the substantive statute at issue”).

Briefs here.

 

Summer Intern Positions within the National Indian Gaming Commission

Download job description here.

Applications due by April 22, 2016.

Gabe Galanda on NIGC Per Capita “Deregulation” and Disenrollment

Gabe Galanda has published, “The Reluctant Watchdog – How National Indian Gaming Commission Inaction Helps Tribes Disenroll Members for Profit and Jeopardizes Indian Gaming as We Know It,” in Gaming Law Review & Economics. An excerpt:

Disenrollment tied to gaming per capita payments is now epidemic. Indeed, the Ninth Circuit Court of Appeals took occasion to remark that the corresponding proliferation of disenrollment controversy results from ‘‘the advent of Indian gaming, the revenues from which are distributed among tribal members.’’ Yet in the face of very public gaming per capita abuses, the National Indian Gaming Commission (NIGC or ‘‘Commission’’) has for the last several years refused to enforce IGRA to deter or remedy those abuses.

The result of the NIGC’s de facto deregulation of the misuse of gaming per capita payments is the belief among some tribal leaders, aided by tribal lawyers, that they are free to convert tribal citizenships into profit and political gain. The NIGC’s failure to intervene despite both its statutory mandate to eradicate corrupting influences from the Indian gaming space, and its trust fiduciary responsibility to serve and protect all American Indians is woeful, and threatens the tribal gaming industry at large.

NIGC Attorney Job Posting

Here:

2016 NIGC Attorney Position 040416

 

Director of Public Affairs Opening at NIGC

National Indian Gaming Commission

Job Title: Director of Public Affairs
Salary Range: $128,082.00 to $160,300.00 / Per Year
Location:  Washington, D.C.
Open Period: Monday, April 4, 2016 to Monday, April 18, 2016
http://www.nigc.gov/utility/nigc-employment-opportunity-director-of-public-affairs

About the Agency
The Commission’s primary mission is to work within the framework created by the Indian Gaming Regulatory Act (IGRA) for the regulation of gaming activities conducted by tribes on Indian lands to fully realize IGRA’s goals: (1) promoting tribal economic development, self-sufficiency and strong tribal governments; (2) maintaining the integrity of the Indian gaming industry; and (3) ensuring that tribes are the primary beneficiaries of their gaming activities.

The Director of Public Affairs is responsible for overseeing and coordinating all governmental and public interactions for the Commission’s communication programs and activities relating to public, governmental and media relations. The Director of Public Affairs is also responsible for the coordination of daily activities and functions relating to the Division of Public Affairs, including supervision of the Legislative and Intergovernmental Affairs Coordinator, Communication Specialists and collaborations with other staff and Divisions within NIGC.

Duties

  • Serves as point of contact, both internally and externally, for all public and governmental communications and interactions; ensures that all such contacts are consistent with overall Agency mission, policy and protocol. Directs and oversees incoming written communications while working with the proper Agency department or division for adequate response.
  • Coordinates, on an agency-wide basis, the implementation of policies, criteria, and procedures governing Congressional relations, and other governmental affairs, and media relations.
  • On a daily basis keeps the Chief of Staff and other key NIGC officials informed on matters regarding tribal, Congressional, legislative and other governmental and media issues that may impact the Agency or reaction toward NIGC programs and activities.
  • Develops, integrates, and monitors plans and programs and tracks associated budget.
  • Organizes the formulation, development and presentation of the public message of the NIGC, including preparation and release to the media of press releases, speeches, reports and policy statements.
  • Has extensive experience in the development of and understanding of social media and should be able to utilize multiple social media platforms to share and exchange Commission information.

How to Apply
A cover letter, resume and writing sample must be received by 11:59 p.m. Eastern Time (ET) on the closing date of this announcement, April 18, 2016. To apply submit your Cover letter and Resume to: Renee_Fox@NIGC.gov. Questions can be directed to Renee Fox at Renee_Fox@NIGC.gov  or 202-632-7003.

NIGC Job Postings: Auditor and IT Specialist

National Indian Gaming Commission

About the Agency
The Commission’s primary mission is to work within the framework created by the Indian Gaming Regulatory Act (IGRA) for the regulation of gaming activities conducted by tribes on Indian lands to fully realize IGRA’s goals: (1) promoting tribal economic development, self-sufficiency and strong tribal governments; (2) maintaining the integrity of the Indian gaming industry; and (3) ensuring that tribes are the primary beneficiaries of their gaming activities.

How to Apply
Your complete application, including required documents, must be received by 11:59 p.m. Eastern Time (ET) on the closing date of this announcement. To apply on-line, you must complete and submit an application by accessing the USAJOBS website at http://www.usajobs.gov. To begin, click the Apply Online button near the bottom of this screen and follow the prompts to register into your USAJOBS account, answer the questions, and submit all required documents. To return to your saved application, log in to your USAJOBS account at http://www.usajobs.gov and click on “Application Status.” Click on the position title, and then select Apply Online to continue.


 

Job Title: Auditor
Job Announcement Number: NIGC-8000-16-EW-010(EXC)
Salary Range: $62,531.00 to $115,867.00 / Per Year
Duty Locations: Portland, OR
Open Period: Tuesday, March 29, 2016 to Tuesday, April 5, 2016

Duties
Major duties at the full performance level include, but are not limited to the following:

  • Performs audits of class II and class III gaming operation to ensure compliance with the Indian Gaming Regulatory Act of 1988 (IGRA), the regulation of the NIGC, and the provisions of the tribal gaming ordinance/resolution.
  • Serves as the NIGC’s representative with tribal government with respect to gaming matters
  • Provides training and technical assistance to tribal governments, tribal regulatory authorities, gaming operation personnel and contract managers to ensure compliance with the IGRA and NIGC regulations.
  • Conducts audits to investigate known or alleged violations of the IGRA and NIGC regulations, prepares reports and testifies in administrative hearings or other proceedings as designated by the Commission to hear such matters.
  • Coordinates with responsible management officials; and evaluates the validity of tentative findings and recommendations that have been identified.

For details, go to this link: https://www.usajobs.gov/GetJob/ViewDetails/433866700


 

Job Title: It Specialist (NETWORK)
Job Announcement Number: NIGC-8000-16-EW-008(EXC)
Salary Range: $77,490.00 to $119,794.00/Per Year
Duty Locations: Washington, DC
Open Period: Tuesday, March 29, 2016 to Tuesday, April 5, 2016

Duties
Major duties at the full performance level include but are not limited to:
Duties include analyzing and defining network requirements; defining and maintaining physical network architecture and infrastructure; configuring and optimizing network servers, hubs, routers switches and other network components including desktop workstation O/S and application configuration; analyzing network workload, monitoring network capacity and performance; diagnosing and resolving connectivity problems, making adjustments to ensure proper load balancing; installing, testing, maintaining, and upgrading network operating systems software; and ensuring the rigorous application of information security/information assurance policies, principles, and practices including disaster recovery and continuity of operations policies; documenting network topology and procedures; assisting the NIGC Help Desk with direct user contact and support as needed.

  • Completes applications development lifecycle by performing troubleshooting and solving production problems. Supports users by developing documentation and assistance tools.
  • Provides network services support to the entire NIGC IT network enterprise assuming operational responsibility for NIGC network management, problem diagnosis and troubleshooting LAN/WAN hardware and software communication issues. Exercises a high degree of technical judgment in NIGC network design, configuration, security and maintenance as well as establishing, interpreting and applying NIGC policy for the Commission’s IT systems.
  • Performs routine maintenance and monitoring of network infrastructure. Ensures that the network’s hardware, software and data resources remain safe from digital attacks through vigilant application of DMZ’s, firewalls and anti-virus software. Ensures that data backup procedures are in place for recovery from loss or destruction of program and data files. Develops and implements standard operating procedures to periodically test data recovery procedures for integrity.

Assignments will be specifically designed to prepare you for advancement to the next higher level without further competition. Advancement to the next higher level is not guaranteed, and does depend on: (1) a demonstrated ability to successfully perform at the next higher level, to the satisfaction of the immediate supervisor; (2) the availability of sufficient work at the next higher level to warrant advancement; and (3) having satisfied all legal and regulatory requirements for advancement.

For details, go to this link: https://www.usajobs.gov/GetJob/ViewDetails/433296500.

National Indian Gaming Commission Job Announcements

Job Title: Auditor (Portland, OR)

Job Announcement Number: NIGC-8000-16-KH-006(EX)
Salary Range: $62,531.00 to $115,867.00 / Per Year
Open Period: Tuesday, February 16, 2016 to Monday, February 22, 2016

Duties

  • Performs audits of class II and class III gaming operation to ensure compliance with the Indian Gaming Regulatory Act of 1988 (IGRA), the regulation of the NIGC, and the provisions of the tribal gaming ordinance/resolution.
  • Serves as the NIGC’s representative with tribal government with respect to gaming matters.
  • Provides training and technical assistance to tribal governments, tribal regulatory authorities, gaming operation personnel and contract managers to ensure compliance with the IGRA and NIGC regulations.
  • Conducts audits to investigate known or alleged violations of the IGRA and NIGC regulations, prepares reports and testifies in administrative hearings or other proceedings as designated by the Commission to hear such matters.
  • Coordinates with responsible management officials; and evaluates the validity of tentative findings and recommendations that have been identified.

How to Apply

Your complete application, including required documents, must be received by 11:59 p.m. Eastern Time (ET) on the closing date of this announcement. To apply on-line, you must complete and submit an application by accessing the USAJOBS website at http://www.usajobs.gov. To begin, click the Apply Online button near the bottom of this screen and follow the prompts to register into your USAJOBS account, answer the questions, and submit all required documents. To return to your saved application, log in to your USAJOBS account at http://www.usajobs.gov and click on “Application Status.” Click on the position title, and then select Apply Online to continue. For details, go to this link: https://www.usajobs.gov/GetJob/ViewDetails/429062100

Job Title: Compliance Officers (Temecula, CA, and Oklahoma City, OK)

Job Announcement Number: NIGC-16-KH-005(EX)
Salary Range: $59,246.00 to $122,549.00 / Per Year
Open Period: Tuesday, February 16, 2016 to Monday, February 22, 2016

Duties

  • Conducts site visits at Indian gaming operations within assigned region to ensure compliance with the Indian Gaming Regulatory Act (IGRA), the provision of a tribal gaming ordinance/resolution and the regulations of the National Indian Gaming Commission (NIGC)
  • Monitors tribal gaming operations to ensure IGRA compliance.
  • Serves as NIGC’s representative to tribal governments.
  • Provides training and technical assistance to tribal gaming agencies, gaming operators and management contractors.
  • Maintains liaison with tribal, local, state and federal law enforcement and regulatory agencies.
  • Conducts investigations, analyze data and prepare reports.
  • Testifies in administrative and other proceedings and attend staff meetings and training sessions.

How to Apply

Your complete application, including required documents, must be received by 11:59 p.m. Eastern Time (ET) on the closing date of this announcement. To apply on-line, you must complete and submit an application by accessing the USAJOBS website at http://www.usajobs.gov. To begin, click the Apply Online button near the bottom of this screen and follow the prompts to register into your USAJOBS account, answer the questions, and submit all required documents. To return to your saved application, log in to your USAJOBS account at http://www.usajobs.gov and click on “Application Status.” Click on the position title, and then select Apply Online to continue. For details, go to this link: https://www.usajobs.gov/GetJob/ViewDetails/429015900