- 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).
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