law. IGRA requires that tribes engaging in gaming have a distribution plan approved by the Secretary of the Interior as adequate, and the Community has complied with that requirement. Instead, Plaintiffs’ claims are predicated on their belief that the Community has improperly conferred the benefits of membership upon individuals who do not meet the Community’s constitutional membership requirements. The Court cannot assess the validity of these claims without determining who the members of the tribe are. However, whether an individual is a “member” of the Community is a legal conclusion, the resolution of which belongs exclusively with the Community, and a federal court does not have jurisdiction to second-guess that determination. As discussed in greater detail above, IGRA D.Nev.1989) (<HOLDING>). Plaintiffs’ RICO claims against the
holding united states government is immune from rico suit holding that state of minnesota was immune from rico suit absent a waiver of its sovereign immunity holding that state of nevada was immune from rico suit absent a waiver of its sovereign immunity holding state immune from suit involving a federal question holding state immune from suit brought in state court