North Fork Rancheria Sues California Alleging Violation of IGRA Good Faith Negotiation Obligation

Here is the complaint in North Fork Rancheria of Mono Indians of California v. State of California (E.D. Cal.):

1 Complaint

An excerpt:

The Indian Gaming Regulatory Act (“IGRA”) requires states, upon request by an Indian tribe, to “negotiate with the Indian tribe in good faith to enter into” “a Tribal-State compact governing the conduct of gaming activities” on the tribe’s “Indian lands.” 25 U.S.C. § 2710(d)(3)(A). IGRA also confers jurisdiction on this Court over “any cause of action initiated by an Indian tribe arising from the failure of a State to enter into negotiations with the Indian tribe for the purpose of entering into a Tribal-State compact under paragraph (3) or to conduct such negotiations in good faith.” Id. § 2710(d)(7)(A)(i). This action is brought pursuant to § 2710(d)(7)(A)(i) and seeks a declaration that Defendant the State of California (“the State” or “California”) has failed to comply with § 2710(d)(3)(A)’s requirement that the State negotiate in good faith with Plaintiff North Fork Rancheria of Mono Indians of California (“the Tribe”) to enter into an enforceable tribal-state gaming compact, and an order directing the State to conclude an enforceable compact with the Tribe within 60 days or submit to mediation, see id. § 2710(d)(7)(B)(iii)-(iv).