Frank's Landing Indian Community v. National Indian Gaming Commission, No. 17-35368 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit affirmed the district court's grant of summary judgment for the government defendants, in an action brought by the Community challenging Interior's determination that it is ineligible for gaming for purposes of the Indian Gaming Regulatory Act (IGRA). The panel held that the agency's determination was correct, because the IGRA clearly and unambiguously requires federal recognition by the Secretary of the Department of the Interior before a tribe may qualify to participate in Indian gaming. The panel also held that the Frank's Landing Act did not authorize the Community to engage in class II gaming.
Court Description: Tribal Matters. The panel affirmed the district court’s summary judgment entered in favor of the U.S. Department of the Interior, its Secretary, and Assistant Secretary of Indian Affairs, in an action challenging the Department of the Interior’s determination that Frank’s Landing Indian Community is ineligible for gaming for purposes of the Indian Gaming Regulatory Act (“IGRA”). * The Honorable Robert E. Payne, United States District Judge for the Eastern District of Virginia, sitting by designation. FRANKS LANDING INDIAN COMTY. V. 3 NAT’L INDIAN GAMING COMM’N The panel held that IGRA clearly and unambiguously required federal recognition by the Secretary of the Interior before a tribe may qualify to participate in Indian gaming. The panel also held that when Congress amended the Frank’s Landing Act in 1994, it did not separately authorize the non- federally recognized Frank’s Landing Indian Community to engage in Class II gaming. The panel held that the Department of the Interior correctly concluded that the Community was not eligible to engage in IGRA gaming.
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