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WAGNON v. PRAIRIE BAND POTAWATOMI NATION Ginsburg, J., dissenting
roads, bridges, and related infrastructure without state as sistance.” Id., at 985. The Nation’s fuel revenue comes exclusively from the Nation Station, and that revenue (ap proximately $300,000 annually) may be used only for “ ‘con structing and maintaining roads, bridges and rights-of-way located on or near the reservation.’ ” Id., at 985–986 (quot ing Prairie Band Potawatomi Law and Order Code § 10–6–7 (2003)). The Nation’s interests coincide with “strong federal inter ests in promoting tribal economic development, tribal self sufficiency, and strong tribal governments.” 379 F. 3d, at 986. The United States points to the poor condition of In dian reservation roads, documented in federal reports, condi tions that affect not only driving safety, but also the ability to furnish emergency medical, fire, and police services on an expedited basis, transportation to schools and jobs, and the advancement of economic activity critical to tribal self sufficiency. Brief for United States as Amicus Curiae 26; see, e. g., Dept. of Interior, Bureau of Indian Affairs, TEA–21 Reauthorization Resource Paper: Transportation Serving Native American Lands (May 2003). The shared interest of the Federal Government and the Nation in improving reser vation roads is reflected in Department of the Interior regu lations implementing the Indian Reservation Roads Pro gram. See 69 Fed. Reg. 43090 (2004); 25 CFR § 170 et seq. (2005). The regulations aim at enhancing the ability of tribal governments to promote road construction and main tenance. They anticipate that tribes will supplement fed eral funds with their own revenues, including funds gained from a “[t]ribal fuel tax.” § 170.932(d). Because the Na tion’s roads are integrally related to its casino enterprise, they also further federal interests in tribal economic devel opment advanced by the Indian Gaming Regulatory Act, 102 Stat. 2467, 25 U. S. C. § 2701 et seq. Against these strong tribal and federal interests, Kansas asserts only its “general interest in raising revenues.” 379
