OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

In view of the Supreme Court’s decision in Wagnon v. Prairie Band Potawatomi Nation, 546 U.S. 95, 126 S.Ct. 676, 163 L.Ed.2d 429 (2005), and after supplemental hearing, the prior decision of this court is vacated, as is the portion of the district court’s opinion that applies the interest-balancing test. The order of the district court granting summary judgment in favor of Defendant is AFFIRMED.