FILE COPY 

Rose M. Gunroe, Tribal Chairperson 

Red Cliff Band of Lake Supel-ior Ct~ippeb~as 

P.O. Box 529 

Bayfield, Wisconsin 54814 

Alfred Trepania, Acting ~rihal Chairperson 

L,ac Courte Oreilles Band of 

Lake Superior Chippewa Indians 

Route 2, Box 2700 

Mayward, Wisconsin 54843 

Arlyn Ackley, Sr., Tribal Chairperson 

Sokaoyon Chippewa Community 

Route 1, Box 625 

Crandon, Wisconsin 54520 

Fred tievenick 

Galaxy Gaming and liaci ny Lint i t r.tl II;~I-~~~PI-:;I~ j 1, 

I 1rl~t1' P.0. BOX 350340 

Miami, Floritla 331 35 

IIE: Red Cliff Rarlcl of Lake Superior Cllippei.~as, Lac COUI-t~ 

Orei lles Band of 1,aJ.:~ S111)erj or Cli i ppetla Indians, Sok;lo~jt~II 

Cliippewa Comm\ln ity nncl c;\ 1 axy Gaininc] ancl Rac inrj Limi tecl 

Partnersli ip Ap1)enl of t.hc Clla il-man 's Ui sapprovnl to ttic 

Mariaqement Contrac-t r3etwecn tlic I1;lrties. 

INTRODUCTION 

This matter is before ttle rJationa1 Indian Gamincj Commission 

(Commjssion) on Appeal of the Cliairman's decision to disapprove 

the Management Contract (Contract) amony the Red Cliff f3nntl of 

I,ak:e Superior Cli ippeb~as, the I,ac Courte Orei 1 les Rand of 1,nl:c: 

Superior Chippewa 1 nd j an?, , t ll~ SoJ.:aocjon Chippewa Cominun i ty 

(collectively referred to as the Rands) and Galaxy Ganiincj ant1 

Racing 1,jmited F1artnerr,hip tlntccl rel~ruary 27, 1934. The. part irs 

submittecl the Contract to tll~ ~ontiiiissiori on June 30, 1304, ant1 

the Cha i r man tl isapproved i t on I)c~c.cntl~er G , 1935 . 'I'lie rt i e:; 

f i 1 ed n t imel y <lppen Jon claiitlrlry 3 , 1. 'I'l~c Con111ii:;s I or] 11~1:: 

tliirty (30) clay:; to ~-cri(l~r (1 clr.ci :; i on or1 tllc ;lppccll 1 I-on) tt~c (101 c3 

of the allpeal. 35 C'. I.R. 5 53<). 

*I 1111~ 

1441 L ST RtJET. IJ VJ qT I I Fl OOn WAS1 ilPJG1 ON, IJ C 20005 TEL 202 632-7003 FAX 202.632-7066 
The Contract provides for ttle development of a qaniincj 

operation on a tract of lantl k:riown as the fludson Dog 'I'racl.:. 

I Because this tract of land does not qualify as "Indian lands," 

I w the Bands submitted an application to Minneapolis Area Office of 

the Bureau of lndian Affairs to take that parcel of land into 

trust on November 15, 1994. By letter dated July 14, 1995, 

Michael Anderson, on behalf of the Secretary of the Interior 

(Secretary), declined to take that land into trust. The Bands 

have filed a suit in the Federal District Court for the Western 

District of Wisconsin challenging that decision, Sokaog~ 

- Chippewa Community (Mole Lake Band of Lake Superior Chippewa), ct 

al. v. Bruce C. Babbitt, et al., Case No. 35-C-0659-C. The 

Chairman disapproved the Contract because the Secretary ref~lsctl 

to take the land into trust. 

OPINION 

The Indian Gaming Recjlllatory Act (IGRA) authorizes clam i ncj 

only on Indian lands. 25 U.S.C.A. § 2710 (1988). IGRA defines 

Indian lands as follows: 

(A) all lands within the limits of any Indian 

reservation; and 

(B) any land title to which is either held in trust by the 

United States for the benefit of any Indian tribe or 

individual or held by any Indian tribe or individual subject 

to restriction by the United States against alienation and 

over which an Indian tribe exercises governmental power. 

25 U.S.C. § 2703(4). 

Because the Secretary did not take the land in question into 

trust, it does not qualify as Indian lands for the prlrposes of 

the IGRA. The Chairman cannot approve a contract for y;jmincj 011 

parcel of land that does not mcet the recjui rcmcnts of tl~c. 7(;1<A. 

25 U.S.C.A. 5 2711. 

Because the parties have sued the Secretary to overturn tlis 

decision and they are confident that they will prevail, they 

argue that the Commission stlould overturn the Chairman's 

decision. They request that the Commission remand the matter 

back to the Chairman with instructions to hold approval of the 

Contract in abeyance pending a final decision in the suit. 

The Chairman did not err in disapproving the Contract. 'l'lie 

law gave him no other alternative. While we are sympathetic to 

the parties situation, it would be imprudent for us to reverse 

the Chairman's decision and order him to hold his decision in 

abeyance while the court case is proceeding. As the Ctlnirman 

stated in his letter, should the parties prevail in their suit 
they may resubmit the Contract to the Chairman for his approval 

The Contract wi.11 be given tl~e highest priority at that time. 

+! lV Therefore, for the foregoing reasons, the Chairman 's 

decision is AFFIRMED. 

cc: S. Todd Farris, Esq. 

I..'