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CONFEDERATED TRIBES OF SILETZ INDIANS v. U.S.

Nos. 94-35304, 94-35373, 94-35374.

110 F.3d 688 (1997)

CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON, Plaintiff-Appellant-Cross-Appellee, v. UNITED STATES of America; United States Department of Interior; Bureau of Indian Affairs; John D. Leshy, Defendants, and United States of America; United States Department of Interior; Tom Sansonnetti; Bruce Babbitt, Secretary of the Department of Interior; Ada E. Deer, Assistant Secretary of the Department of Interior for Indian Affairs, Defendants-Appellees-Cross-Appellants, and John Kitzhaber, Governor of the State of Oregon; State of Oregon, Defendants-Intervenors-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn April 4, 1996.

Resubmitted March 20, 1997.

Decided March 31, 1997.

As Amended on Denial of Rehearing and Rehearing June 13, 1997.

Attorney(s) appearing for the Case

Craig J. Dorsay, Meyer & Wyse, Portland, OR, for plaintiffs-appellants-cross-appellee.

David C. Shilton, United States Department of Justice, Washington, DC, for defendants-appellees-cross-appellants.

Michael D. Reynolds, Assistant Solicitor General and Elizabeth S. Harchenko, Assistant Attorney General, Salem, OR, for defendants-intervenors-appellees-cross-appellants.

Bruce R. Greene, Greene, Meyer & McElroy, Boulder, CO, for amicus Sault Ste. Marie Tribe of Chippewa Indians.

Thomas F. Gede, Assistant Attorney General, Sacramento, CA, for amici states.

Before HUG, Chief Judge, GOODWIN, Circuit Judge, and SCHWARZER, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc June 13, 1997.

HUG, Chief Judge:

This appeal concerns the interpretation of a provision of the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. § 2719. That Act precludes most gaming on land acquired in trust for an Indian tribe after 1988, unless one of several exceptions applies. The exception pertinent to this case permits such gaming provided (1) that the Secretary of the Interior determines...

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