An Indian tribe may ask the Secretary to issue Class III gaming procedures when the following steps have taken place:
(a) The Indian tribe submitted a written request to the State to enter into negotiations to establish a Tribal-State compact governing the conduct of Class III gaming activities;
(b) The State and the Indian tribe failed to negotiate a compact 180 days after the State received the Indian tribe's request;
(c) The Indian tribe initiated a cause of action in Federal district court against the State alleging that the State did not respond, or did not respond in good faith, to the request of the Indian tribe to negotiate such a compact;
(d) The State raised an Eleventh Amendment defense to the tribal action; and
(e) The Federal district court dismissed the action due to the State's sovereign immunity under the Eleventh Amendment.
Notes of Decisions
New Mexico v. Dep't of the Interior, 854 F.3d 1207 (10th Cir. 2017).
· cites it 4× “2 25 C.F.R. §§ 291.3 , 291.4. Upon receipt of such a request, the Secretary must “notify the Indian tribe in writing whether the Indian tribe meets the eligibility requirements in § 291.”
Texas v. United States, 497 F.3d 491 (5th Cir. 2007).
· cites it 3× “25 C.F.R. § 291.3 . Under the Secretary's alternate remedy regulations, a state that prefers that a federal court resolve its dispute with the tribe may simply choose that option, waiving its objection to federal jurisdiction and proceeding exactly as Congress originally…”
Connecticut v. U.S. Dep't of the Interior, 344 F. Supp. 3d 279 (D.C. Cir. 2018).
“The Department has promulgated regulations allowing the Secretary to prescribe secretarial procedures when a state raises an Eleventh Amendment sovereign immunity defense to a tribe's lawsuit alleging that the state did not negotiate in good faith.”
Am. Greyhound Racing, Inc. v. Hull, 146 F. Supp. 2d 1012 (D. Ariz. 2001).
“25 C.F.R. § 291.3 . Upon receiving the proposal, the Secretary forwards copies to the state's Governor and Attorney General for comments on whether the proposed gaming activities are permitted to any person for any purpose in the State, and whether the proposal is other *1039…”
State of Kansas v. Nat'l Indian Gaming, 861 F.3d 1024 (10th Cir. 2017).
“See 25 C.F.R. § 291.3 (listing requirements for a tribe to request that the Secretary issue class III gaming procedures).”
State v. Dep't of the Interior, 126 F. Supp. 3d 1201 (D.N.M. 2014).
· cites it 2× “See 25 C.F.R. § 291.3 (d) (1999). This Court is not persuaded that New Mexico’s current bargaining position is a legally protected interest.”
State of Texas v. USA (5th Cir. 2007).
· cites it 2× “25 C.F.R. § 291.3 . Under the Secretary’s alternate remedy regulations, a state that prefers that a federal court resolve its dispute with the 70 tribe may simply choose that option, waiving its objection to federal jurisdiction and proceeding exactly as Congress originally…”
State of Connecticut v. Zinke (D.D.C. 2018).
“3 The Department has promulgated regulations allowing the Secretary to prescribe secretarial procedures when a state raises an Eleventh Amendment sovereign immunity defense to a tribe’s lawsuit alleging that the state did not negotiate in good faith.”
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