State of Idaho v. Shoshone-Bannock Tribes

Idaho appeals the district court’s grant of summary judgment to the Shoshone-Bannock Tribes (“Tribes”) in their declaratory judgment action regarding the types of games they may offer pursuant to their tribal-state gaming Compact (“Compact”) with Idaho. The court ruled that the Tribes could operate tribal video gaming machines without renegotiating their Compact to limit the numbers of games and to require payments by the Tribes to local educational programs and schools. We affirm the district court’s grant of summary judgment to the Tribes.

BACKGROUND

A. The IGRA and the Tribes’ Gaming Compact With Idaho

The Indian Gaming Regulatory Act (“IGRA”) provides a comprehensive framework for regulating gaming on Indian land. See 25 U.S.C. §§ 2701-2721 . The IGRA divides tribal gaming into three classes: I, II and III. The parties agree that operation of the tribal video gaming machines at issue in this case constitutes class III gaming. Class III gaming may be conducted on Indian lands if it is: (1) authorized by the tribe seeking to conduct the gaming; (2) located in a State which does not bar such gaming; and (3) “conducted in conformance with a Tribal-State compact entered into by…