A Class III gaming compact dispute affecting
Pojoaque Pueblo in New Mexico is headed to a higher court.
In October, Judge James Parker blocked the Bureau of Indian Affairs from
issuing Class
III gaming procedures for the tribe. He
said the Indian
Gaming Regulatory Act allows the federal government to step in only when a court has held a state to be in bad faith and only after the state has gone through a mediation process.
"IGRA is unambiguous: the [Interior] Secretary may only adopt procedures after a federal court finds the sate has failed to negotiate in good faith and ordered mediation between the parties," Parker wrote in the 29-page ruling. "Congress’s failure to anticipate states’ ability to sabotage IGRA’s remedial process does not make Congress’s delegation of authority to adopt procedures any broader: IGRA remains clear that this authority only arises after a federal court finds bad faith and the state passes up its remaining chances to negotiate a compact after such a finding."
The tribe and the Obama administration filed notices to appeal the decision last week. The case will now head to the 10th Circuit Court of Appeals.
“The filing of the notices evidence that both the Secretary and the Pueblo disagree with the federal judge’s decision and is a strong show of support for the Pueblo in its dispute with the Martinez Administration’s handling of compact negotiations,” the tribe said in a statement, according to news reports.
The tribe's compact expires next year. Talks with Gov. Susana Martinez
(R) came to a standstill over revenue sharing provisions, prompting the tribe to ask the BIA for the Class III procedures.
Turtle Talk has posted documents from the case, New
Mexico v. Department of the Interior.
Get the Story:
Pojoaque, feds appeal judge’s ruling in gambling compact dispute
(The Albuquerque Journal 12/16)
Feds, Pojoaque Pueblo appeal ruling blocking gaming compact
(The Santa Fe New Mexican 12/16)
Related Stories:
Law Article: Judge
restricts BIA authority in Class III dispute (10/23)
Judge won't let
BIA proceed with compact for Pojoaque Pueblo (10/20)