The Ninth Circuit affirmed the district court's order granting summary judgment to the state in an action brought by Indian tribes under the Indian Gaming Regulatory Act IGRA.
California permits certain forms of class III gaming cache creek casino bus from sf an effective tribal-state gaming compact.
At issue was the termination provision in a 1999 compact.
The panel held that the plain language of the IGRA permits tribes and states to negotiate the duration of a compact governing the conduct of a tribe's class III gaming activities.
Therefore, the panel held that the termination provision in the compact at issue was not void under the IGRA.
Accordingly, a termination provision in a compact was not void under IGRA.
FOR PUBLICATION UNITED Chemehuevi new casino COURT OF APPEALS FOR THE NINTH CIRCUIT CHEMEHUEVI INDIAN TRIBE; CHICKEN RANCH RANCHERIA OF ME-WUK INDIANS, Plaintiffs-Appellants, No.
GAVIN NEWSOM, Governor of California; STATE OF CALIFORNIA, Defendants-Appellees.
OPINION Appeal from the Click here States District Court for the Central District of California John F.
NEWSOM Before: Sandra S.
Ikuta and John B.
Owens, Circuit Judges, and Haywood S.
Accordingly, a termination provision in a compact was not void under IGRA.
It has been prepared by court staff for the convenience of the reader.
CHEMEHUEVI INDIAN TRIBE V.
NEWSOM 3 COUNSEL Lester J.
https://sellingonthenet.info/casino/ocean-downs-casino-maryland.html, Rapport and Marston, Ukiah, California, for Plaintiffs-Appellant.
Xavier Becerra, Attorney General of California; Sara J.
Drake, Senior Assistant Attorney General; T.
Michelle Laird and James G.
Waian, Deputy Attorneys General; Office of the Attorney General, San Diego, California; for Defendants-Appellees.
I Congress passed IGRA to establish a framework for regulating gaming on Indian lands.
Under that framework, IGRA creates three classes of gaming.
In re Indian Gaming Related Cases, 331 F.
NEWSOM regulation than either class I or class II gaming.
§ 2710 d 1.
California permits certain forms chemehuevi new casino class III gaming under an effective tribal-state gaming compact.
The Tribes each have enacted gaming ordinances that were approved by the Chairperson.
Each of the Tribes executed a compact with the State in 1999, and the Assistant Secretary of Indian Affairs approved each compact.
The Tribes do not allege that the State negotiated in bad faith.
NEWSOM 5 Federal Register.
The Termination Provision automatically extends the end date to June 30, 2022 if the parties have not agreed to amend the Compact or entered into chemehuevi new casino new compact before December 31, 2020.
On April 20, 2016, the Tribes sent a letter asking the State to concede that the Termination Provision is void under IGRA, and that the Tribes have no obligation to negotiate a renewal of the Compact.
The Tribes then filed suit in the Central District of California.
The district court issued a final judgment, and this appeal followed.
Iipay Nation of Santa Ysabel, 898 F.
NEWSOM Statutory interpretation presents a question of law, which we also review de novo.
III This case presents an issue of first impression regarding the validity of durational limits on compacts under IGRA.
Section 2710 d 3 C of IGRA sets out the range of subjects addressable in tribal-state compacts.
In full, that section states: Any Tribal-State compact negotiated under subparagraph A may include provisions relating to— i the application of the criminal and civil laws and regulations of the Indian tribe or the State that are directly related to, and necessary for, the licensing and regulation of such activity; ii the allocation of criminal and civil jurisdiction between the State and the Indian tribe necessary for the enforcement of such laws and regulations; iii the assessment by the State of such activities in https://sellingonthenet.info/casino/holland-casino-valkenburg-arrangement.html amounts as are necessary to defray the costs of regulating such activity; CHEMEHUEVI INDIAN TRIBE V.
NEWSOM 7 iv taxation by the Indian tribe of such activity in amounts comparable to amounts assessed by the State chemehuevi new casino comparable activities; v remedies for breach of contract; vi standards chemehuevi new casino the operation of such activity and maintenance of the gaming facility, including licensing; and vii any other subjects that are directly related to the operation of gaming activities.
The Tribes contend that once they have satisfied the three raceway ny statutory requirements in 25 U.
The State counters that the plain language of subsections d 3 C vi and d 3 C vii establishes catch-all categories, and that those categories broadly authorize the inclusion of durational provisions in compacts.
Court for the So.
Viewed in context, those terms are broader than the more specific topics enumerated chemehuevi new casino paragraphs 3 C i — v.
And as a matter of common sense, given that a tribe may not CHEMEHUEVI INDIAN TRIBE V.
Rather, that regulatory right is qualified by the existence of article source valid tribalstate compact.
Numerous other sections in IGRA support this view.
Where no such terms exist, the compact is presumed to run indefinitely and neither party may unilaterally terminate a compact.
Nothing in the statute suggests that Congress intended that result, and we avoid reading in unstated statutory requirements.
It is for us to ascertain—neither to add nor to subtract, neither to delete nor to distort.
Moreover, demanding that only expressly enumerated subjects are addressable in compacts would render the catch-all language meaningless.
Bay Mills Indian Community, 572 U.
NEWSOM 11 casino—each roll of the dice and spin of the wheel.
Just plug in those words and see what happens.
These provisions required compacting tribes to share gaming revenue with non-gaming tribes and the State, and to address the labor rights of gaming facility employees.
As to the RSTF in particular, which required gaming tribes to distribute revenue to non-gaming tribes, we held: It is clear that the RSTF provision falls within the scope of paragraph 3 C vii.
NEWSOM 13 in populous or accessible areas—can benefit from class III gaming activities in the State.
This reading of paragraph 3 C vii as unambiguous and allowing for negotiation regarding unenumerated topics supports our holding here: a duration provision is at least as closely related to the operation of chemehuevi new casino activities as the topics we found to be permissible subjects for negotiation in Coyote Valley II.
The plain language of the Indian Gaming Regulatory Act permits tribes and states to negotiate the duration of a compact governing the conduct of a tribe's class III gaming activities.
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The plain language of the Indian Gaming Regulatory Act permits tribes and states to negotiate the du.
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