You are here: Home / Court Rulings / Federal / May 2004: Grand Traverse Band of Ottawa and Chippewa Indians, Plaintiff-appellee, v. Office of the U.S. Attorney for the Western District of Michigan, Defendant,state of Michigan

May 2004: Grand Traverse Band of Ottawa and Chippewa Indians, Plaintiff-appellee, v. Office of the U.S. Attorney for the Western District of Michigan, Defendant,state of Michigan

Indeed, the only evidence of intent strongly suggests that the thrust of the IGRA is to promote Indian gaming, not to limit it. See 25 U.S.C. § 2702(1) (providing that the purpose of the statute is to provide a statutory basis for gaming by Indian tribes "as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments"). Although § 2719 creates a presumptive bar against casino-style gaming on Indian lands acquired after the enactment of the IGRA, that bar should be construed narrowly (and the exceptions to the bar broadly) in order to be consistent with the purpose of the IGRA, which is to encourage gaming. Cf. City of Roseville v. Norton, 348 F.3d 1020, 1030-32 (D.C.Cir.2003) (holding that the "restoration of lands" exception should be interpreted broadly because the IGRA's exceptions "embody policies counseling for a broader reading" due to the statute's general purpose of promoting tribal economic development and self-sufficiency; also applying the Indian canon of statutory construction to resolve any ambiguities in favor of a broad reading of the "restoration of lands" exception).

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