National Indian Gaming Commission – Page 5

Supreme Court Cert Petition Filed in CACGEC v. Chaudhuri

December 14, 2015December 14, 2015Matthew L.M. Fletcher

Here is the petition in Citizens Against Casino Gambling in Erie County v. Chaudhuri:

2015 12 14 Petition for Writ; Citizens Against Casino Gambling in Erie County et al v Chaudhuri et al

Questions presented:

1. Whether Congress, by enacting legislation permitting an Indian tribe to purchase land on the open market and to hold it in “restricted fee,” created “Indian country,” thereby completely divesting a state of its territorial sovereignty over that land, despite the absence of any explicit statutory language reflecting congressional intent to transfer sovereignty to the tribe?

2. Whether the Indian Commerce Clause (U.S. Const., art. I, § 8) gives Congress authority to completely divest a state of the sovereignty it had
previously exercised over land for more than two centuries and transfer that sovereignty to an Indian tribe by enacting legislation permitting an Indian tribe to buy such land on the open market and to hold it in “restricted fee.”

3. Whether the mere congressional designation of “restricted fee” status on tribally owned land pursuant to the Indian Nonintercourse Act (25 U.S.C. § 177) implies an intent to transfer governmental power over that land to the tribe?

Lower court materials here.

NIGC Seeking EEO Director

November 17, 2015Sarah M Donnelly

Job announcement here.

Link to USAJOBS announcement here.

Last day to apply is Monday, November 23, 2015.

NIGC Accepting Applications for Auditor

October 8, 2015Sarah M Donnelly

National Indian Gaming Commission

Job Title: Auditor
Job Announcement Number: NIGC-8000-16-KH-001(EX)
Salary Range: $62,686.00 to $81,493.00 / Per Year
Open Period: Thursday, October 8, 2015 to Thursday, October 22, 2015

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 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 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/418042500.

Second Circuit Rules in Favor of Seneca Nation in Gaming Dispute

September 15, 2015September 15, 2015Matthew L.M. Fletcher2 Comments

Here is the opinion in Citizens Against Casino Gambling in Erie County v. Chaudhuri:

CACGEC Opinion

The court’s syllabus:

The plaintiffs, organizations and individuals who oppose the operation of a casino on land owned by the Seneca Nation of Indians in Buffalo, New York, filed an action in the United States District Court for the Western District of New York against the National Indian Gaming Commission, its Chairman, the Department of the Interior, and the Secretary of the Interior, arguing that the National Indian Gaming Commission acted arbitrarily and capriciously and abused its discretion in approving an ordinance that permitted the Seneca Nation to operate a class III gaming facility in Buffalo. The district court (Skretny, J.) dismissed the action, and the plaintiffs appealed. We hold that the Seneca Nation’s lands in Buffalo are gaming‐eligible under the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721, as “Indian lands” under the Seneca Nation’s jurisdiction and that IGRA Section 20’s prohibition of gaming on trust lands acquired after IGRA’s enactment, 25 U.S.C. § 2719(a), does not apply. Accordingly, we AFFIRM.

Briefs here.

Lower court materials here.

Jobs: NIGC Management Specialist in D.C.

August 26, 2015August 27, 2015Sarah M Donnelly

National Indian Gaming Commission

Job Title: Records and Information Management Specialist
Job Announcement Number: NIGC-8000-15-KH-006(EX)
Salary Range: $76,378.00 to $99,296.00 / Per Year
Open Period: Wednesday, August 26, 2015 to Wednesday, September 2, 2015

Duties

The major duties of this position include, but are not limited to the following:

Assists and provides comments and recommendations on agency-wide records management policy in order to help develop, establish, manage, and maintain an active and continuing records management program at the agency
Assists in the development of long-range strategic goals and resource projections for the records and information management program
Recognizes records management needs for the design or modification of all electronic information and/or electronic recordkeeping systems, which will ensure that records and necessary technical and programmatic information about records (metadata) are created, linked to disposition authorities, maintained in a useable format as long as required by the agency, and protected by security and user access controls.
Monitors the review of all existing records management operations, procedures and processes in effect at all levels of the agency in order to make recommendations for a more effective records management processes
Communicates within the agency and government-wide, assists with training, and evaluates, and assists members of the records management structure in the accomplishment of agency objectives.

How to Apply

NIGC Attorney Posting

May 28, 2015Matthew L.M. Fletcher

Here.

Update in Jamul Action Committee v. Chaudhuri

April 20, 2015Matthew L.M. Fletcher1 Comment

Here are the new materials in Jamul Action Committee v. Chaudhuri (E.D. Cal.):

60-1 Jamul Action Committee Motion for PI

62 Tribal Opposition to Motion for PI

63 NIGC Opposition to Motion for PI

67 Jamul Action Committee Reply

75-1 Rosales & Toggery Motion to File Amicus

75-2 Rosales & Toggery Amicus Brief

83 Tribal Opposition

84 NIGC Opposition

92 DCT Order Denying Amicus Motion

Previous postings here and here.

Massachusetts Gaming Claims against Wampanoag Tribe of Gay Head Survive Motions to Dismiss; Counterclaims Do, Too

March 2, 2015Matthew L.M. Fletcher

Here are the updated materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

65 Massachusetts Opposition to Rule 19 Motion

67 Aquinnah-Gay Head Community Opposition to 11th Amendment Motion to Dismiss

71 Wampanoag Tribe of Gay Head Reply in Support of Rule 19 Motion

72 Wampanoag Tribe of Gay Head Reply in Support of Motion to Dismiss on Immunity Grounds

77 Massachusetts Motion to Dismiss

86 Massachusetts Officials Motion to Dismiss

87 Wampanoag Tribe Opposition to Massachusetts Immunity Motion

88 Massachusetts Reply

95 DCT Order Denying Motions to Dismiss

An excerpt:

This lawsuit involves a dispute between the Commonwealth of Massachusetts and a federally recognized Indian tribe concerning regulatory jurisdiction over civil gaming on Indian lands on Martha’s Vineyard. The Wampanoag Tribe of Gay Head (Aquinnah) and related entities have taken steps to commence commercial gaming operations on tribal lands without a license from the Commonwealth. The Commonwealth contends that operating gaming facilities without such a license would violate a 1983 settlement agreement that subjects the lands in question to state civil and criminal jurisdiction (and thus subjects them to state laws regulating gaming). Count 1 of the complaint alleges breach of contract, and Count 2 seeks a declaratory judgment.

The Commonwealth filed suit in state court on December 2, 2013. On December 30, 2013, the Tribe removed the action to this Court on the basis of federal-question and supplemental jurisdiction. See 28 U.S.C. §§ 1331, 1367. On August 6, 2014, the Court granted motions to intervene by the Town of Aquinnah and the Aquinnah/Gay Head Community Association (“AGHCA”). The Tribe has moved to dismiss the AGHCA complaint on the basis of sovereign immunity and for failure to state a claim upon which relief can be granted; it has further moved to dismiss all three complaints (with leave to amend) for failure to join the United States as a required party.

On October 24, 2014, the Tribe filed an amended answer that included a counterclaim against the Commonwealth and counterclaims against three third-party defendants (all of whom are officials of the Commonwealth). Plaintiff and third-party defendants have moved to dismiss the counterclaims on the grounds of sovereign immunity (as to the counterclaims against the Commonwealth) and failure to state a claim upon which relief can be granted.

For the reasons stated below, the motions of the Tribe will be denied and the motion of counterclaim-defendants will be granted in part and denied in part.

We posted motions to dismiss here. Materials on the state court removal and remand motions here. Complaint here.

Summer Intern Position within the Office of General Counsel of the National Indian Gaming Commission

December 19, 2014Matthew L.M. Fletcher

Here:

Summer Intern Position with NIGC 2015