Confederated Tribes of Siletz Indians v. United States

This appeal concerns the interpretation of a provisión 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 that it is in the best interests of the tribe and not detrimental to the surrounding community and (2) that the Governor of the state concurs in that determination. The Secretary denied the gaming application of the Confederated Tribes of Siletz Indians of Oregon (“the Tribes”) because the Governor did not concur in the Secretary’s favorable determination. The Tribes brought this action to contest the Secretary’s denial of their application. The district court entered summary judgment upholding the denial of the application. The principal issue raised in this case is whether the requirement of the Governor’s concurrence violates the Appointments Clause or the separation of powers principles under the United States Constitution. In affirming, we hold that it does not.

' I.

The Confederated Tribes of Siletz Indians of…