DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
192898P.pdf 08/30/2021 City of Council Bluffs v. U.S. Dept. of the Interior
U.S. Court of Appeals Case No: 19-2898
U.S. District Court for the Southern District of Iowa - Council Bluffs
[PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Erickson,
Circuit Judges]
Civil case - Indian law. The district court concluded that the National
Indian Gaming Commission correctly determined that the Ponca Restoration
Act, 104 Stat. 1167 (1990) does not preclude gambling on a parcel of land
in Iowa that is held in trust by the United States for the Tribe because
the land is eligible as part of the restoration of lands for an Indian
tribe that is restored to federal recognition; however, the court also
concluded that the Commission failed to consider a relevant factor in
evaluating whether the parcel is restored land for the Tribe and remanded
the matter to the Commission for further consideration. The district
court's decision is affirmed.