Here is the opinion.
In 2017, the National Indian Gaming Commission determined that a parcel of land in Iowa that is held in trust by the United States for the Ponca Tribe of Nebraska is eligible for gaming. The Commission reasoned that the land is eligible as part of “the restoration of lands for an Indian tribe that is restored to Federal recognition.” 25 U.S.C. § 2719(b)(1)(B)(iii). The appellants here, the States of Iowa and Nebraska and the City of Council Bluffs, challenged that decision in the district court. The district court agreed with the Commission that the Ponca Restoration Act, Pub. L. No. 101-484, 104 Stat. 1167 (1990), does not preclude gaming on the parcel. But because the Commission failed to consider a relevant factor in evaluating whether the parcel is restored land for the Tribe, the court remanded the matter for further consideration. The appellants noticed an appeal, arguing that the court erred in its interpretation of the Ponca Restoration Act. We affirm the district court’s order.
Lower court materials here.
Here is the opinion in In re Application No. OP-0003:
Here is the order in In re: Gaming Ordinance of Ponca Tribe of Nebraska:
Revised Amendment to FDO – Ponca NE
The earlier federal court materials are here.
Here are the materials in City of Council Bluffs v. United States Department of Interior (S.D. Iowa):
13 Iowa Complaint
14 Nebraska Complaint
22-1 Council Bluffs MSJ
35-1 NIGC Cross MSJ
49 Ponca Amicus Brief
50 Council Bluffs Reply
53 NIGC Reply
55 DCT Order
I know it’s complicated. For the most part, the court’s decision favors Ponca and NIGC….
Attention – Attorney Position Open
Legal Aid of Nebraska, a law firm providing free civil legal services to low-income persons, seeks an attorney to serve Native American victims of domestic violence in Western Nebraska. Must be admitted to practice in Nebraska or have a Nebraska license pending, and be licensed or willing to become licensed in the Ponca, Winnebago, Omaha and Santee Tribal Courts. This position entails extensive travel throughout panhandle and Cherry counties. Duties will include but will not be limited to: provide assistance to members of the Omaha, Ponca, Santee, and Winnebago and to other Native Americans who are victims of domestic violence primarily residing in the panhandle and Cherry counties. This position entails providing training to law enforcement; making community presentations; conducting outreach to Native American victims of domestic violence; developing culturally appropriate materials providing legal information and information about Legal Aid of Nebraska’s Native American Project and domestic violence; fostering relationships with the Tribes, tribal members, domestic violence agencies and other service providers. The attorney in this position also provides quality and aggressive representation of low-income Native American domestic violence victims who are clients of LAN primarily in state court, and, engages in the day-to-day practice of law according to the priorities and practices set by Legal Aid of Nebraska. Ideal candidate will possess expertise in the area of domestic violence and demonstrate skill in tribal court practice or connection to Native American issues. This is a full-time position requiring a committed individual. Company cell phone and laptop will be provided. Location in Scottsbluff, Nebraska.
Legal Aid of Nebraska offers excellent supervision, training and support, and state-of-the-art technology. Loan assistance repayment may be available assuming eligibility for Legal Aid’s repayment program. Experience-based competitive salary. Excellent benefits package. Please send resume, references, writing sample and cover letter via email to: Muirne Heaney, Legal Aid of Nebraska, Interim Director of Litigation and Advocacy, at email@example.com. EOE. Position open until filled.
Interim Executive Director