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10th Cir 30 Indian 9th Cir action affirms the district agency agreement Alaska alleged Amendment appellees apply appropriations approval argues argument assert authority casino Circuit Judge claim Class III gaming compact complaint conclude Congress Constitution contract Council Counsel County Court of Appeals damages decision defendants denied determine Diamond Game district court Domtar Elected enforcement evidence federal court FERC filed finding Forest funds granted gray whales holding IGRA Indian Country Indian Gaming Indian lands Indian tribes injunction interest issue jurisdiction lease license Madison County ment Native American Native Hawaiians Navajo Nation NEPA NIGC Oneida Oneida Indian Nation Park Place parties plaintiffs programs protection pull-tabs pursuant regulations remand reservation Roadless Rule Secretary sovereign immunity statute statutory summary judgment Supp Supreme Court tion transfer Treaty tribal court trust United violation water rights whales Yakama