The Siletz Tribe sued the governor of Oregon for refusing to concur. The 9th Circuit Court of Appeals ruled in favor of the Governor. Tribes promoting gaming off-reservation under Section 20 do not have the legal authority to 'obligate' the Governor to concur with the Secretary of the Interior. The governor's concurrence is an exercise of "executive powers" on an infrequent and episodic basis. The law merely says that the Governor may concur ~if the Governor does not concur, the tribe does not get a tribal state compact.