Franks Landing Indian Cmty. v. National Indian Gaming Comm'r

Summary

The Ninth Circuit held that the Indian Gaming Regulatory Act (IGRA) unambiguously requires federal recognition by the Secretary of the Interior as a prerequisite for a tribe to engage in Indian gaming. The court also held that the Frank's Landing Act, as amended in 1994, did not separately authorize the non-federally recognized Frank's Landing Indian Community to conduct Class II gaming under IGRA. The court affirmed summary judgment for the Department of the Interior, concluding the Community was ineligible for IGRA gaming.

Holdings

1. IGRA clearly and unambiguously requires federal recognition by the Secretary before a tribe may qualify to participate in Indian gaming.
2. The Frank's Landing Act does not authorize the Community to engage in Class II gaming.

Questions Presented

1. Whether an Indian group must be recognized by the Secretary of the Interior to qualify as an 'Indian tribe' for purposes of the Indian Gaming Regulatory Act (IGRA).
2. Whether the Frank's Landing Act, as amended in 1994, authorizes the non-federally recognized Frank's Landing Indian Community to engage in Class II gaming under IGRA.

Disposition

affirmed