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Pojoaque Pueblo seeks Class III gaming procedures from BIA

Filed Under: Compacts | Litigation
More on: bia, class iii, igra, immunity, new mexico, pueblo
Pojoaque Pueblo will ask the Bureau of Indian Affairs to approve Class III gaming procedures, Gov. George Rivera said.

The tribe sued the state of New Mexico in federal court, alleging Gov. Susana Martinez (R) wasn't negotiating in good faith. A federal judge threw out the suit so Rivera said the next step will involve going to the BIA.

“I respect state government and the process, but … the pueblo got to the point where we’re not going to get a fair deal by negotiating and asking nicely, so we just have to take the next step,” Rivera told The Albuquerque Journal.

The BIA has the authority to approve Class III gaming procedures for a tribe under the Indian Gaming Regulatory Act. The step is taken when states refuse to negotiate and when a lawsuit seeking negotiations fails.

In Pojoaque Pueblo's case, the tribe claims the state is seeking a greater share of revenues without providing a meaningful concession. The case never got to the merits because Judge James Parker dismissed it due to the state's sovereign immunity.

Turtle Talk posted the complaint in the case, Pojoaque Pueblo v. New Mexico.

Get the Story:
Judge tosses Pojoaque gambling suit, clearing way for federal action (The Albuquerque Journal 3/7)

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