- 17 - The only question, therefore, is whether there has been a “change in the legal climate” since the decision in Campbell I. Commissioner v. Sunnen, supra at 606. Petitioner has not referenced, and we cannot find, any relevant change in the applicable law that warrants a second analysis of petitioner’s case. Although the IGRA was amended after the decision in Campbell I, none of the amendments are relevant to the issue presented.13 Notably, petitioner does not argue that any specific amendment to the IGRA would have had any 13The first amendment to the IGRA was the addition of 25 U.S.C. sec. 2717a as part of the Department of the Interior and Related Agencies Appropriations Act, 1990, Pub. L. 101-121, 103 Stat. 701, 718, current version at 25 U.S.C. sec. 2717a (Supp. 2000), which provides that, in fiscal year 1990 and thereafter, fees to be collected pursuant to 25 U.S.C. sec. 2717 (Supp. 2000) shall be available to carry out the duties of the National Indian Gaming Commission (NIGC). The Technical Amendments to Various Indian Laws Act of 1991, Pub. L. 102-238, sec. 2(a) and (b), 105 Stat. 1908, current version at 25 U.S.C. sec. 2703(E) and (F) (Supp. 2000), added subpars. (E) and (F) to 25 U.S.C. sec. 2703 and added provisions to 25 U.S.C. sec. 2718 authorizing appropriation of necessary funds for operation of the NIGC for fiscal years beginning Oct. 1, 1991 and 1992. In 1992, the Federal Indian Statutes: Technical Amendments, Pub. L. 102-497, sec. 16, 106 Stat. 3255, 3261 (1992), current version at 25 U.S.C. sec. 2703 (Supp. 2000), struck out the words “or Montana” following the word “Wisconsin” in 25 U.S.C. sec. 2703(7)(E). In 1997, the Department of the Interior and Related Agencies Appropriations Act, 1998, Pub. L. 105-83, sec. 123(a) and (b), 111 Stat. 1543, 1566, current version at 25 U.S.C. secs. 2717 and 2718 (Supp. 2000), made minor changes to the wording of 25 U.S.C. sec. 2717(a)(1) and (2), made minor wording amendments to 25 U.S.C. sec. 2718(a), and rewrote 25 U.S.C. sec. 2718(b). In addition, the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, Pub. L. 105-119, sec. 627, 111 Stat. 2440, 2522, current version at 25 U.S.C. sec. 2718 (Supp. 2000), rewrote 25 U.S.C. sec. 2718(a).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011