Guidiville Band of Pomo Indians v. NGV Gaming, Ltd.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
SHADUR, Senior District Judge:
This appeal presents the single, seemingly straightforward question whether the word “is” really means “is,” at least as that word is employed in 25 U.S.C. § 81.1 At the core of the present dispute, that statute requires the Secretary of the Department of the Interior (“Secretary”) to approve any “contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years” before such a contract can be considered valid. Section 81(a) defines the term “Indian lands” in part as “lands the title to which is held by the United States in trust for an…
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