Indian Gaming

1
Indian Gaming
2
Indian Sovereignty

• U.S. Constitution and treaties protect tribes
  from states
• to protect Indian land from state confiscation
• to protect Indians from state control
• Supreme Court ruling (1931)
• Indian nations have full legal right to manage
  their own affairs, govern themselves internally,
  and engage in relationships with federal
  government

3
California vs Cabazon (1987)

• Upheld right of tribes as sovereign nations to
  conduct gaming on Indian lands free of state
  control
• provided similar gaming is permitted within state
  outside of reservation

4
Indian Gaming Regulatory Act (1988)

• Passed by Congress
• Affirms that tribes have power to conduct gaming
  on Indian lands, but!
• Gives states the power to negotiate gaming
  regulations and games played through signing of
  tribal/state compact

5
Regulations

• Tribal level
• State level
• National Indian Gaming Commission
• Federal government IRS, Justice Dept., FBI, and
  Bureau of Indian Affairs
• IGRA establishes framework for regulation

6
IGRA Classes of Gaming

• Class I
• Class II
• Class III

7
Class I

• Social games for prizes of minimal value
• regulated solely by the tribes themselves

8
Class II

• Bingo, pulltabs, lotto, punch boards, tip jars,
  instant bingo, some card games (not table games)
• Regulated solely by tribes if IGRA conditions are
  met

9
Class III

• Class III - all forms of gaming not included in
  Class I and II
• Regulations determined by tribal-state compact

10
Tribal Governments Roll

• Establishes Tribal Gaming Commission
• Provides front-line regulation including security
  and surveillance
• Manages gaming operation

• Creates ordinances and issues licenses
• Negotiates compacts with State if Class III
• Law enforcement arm of gaming control

11
Department of Interior

• Rules on land into trust issues
• Rules on revenue allocation plans
• Approves tribal/state compacts

12
National Indian Gaming Commission

• Approves manage-ment contracts
• Regulates gaming

• Conducts background checks on operators and
  reviews terms of contracts
• Power to fine, impose civil penalties, and order
  operation closed

13
Department of Justice

• Enforces criminal violation of gaming laws
• Conducts background checks on key gaming employees

14
State Government

• Negotiates compacts with tribe if Class III
• Enforces compact provisions

15
Compacts (only if Class III)

• Legal agreement that outlines operation
• kind of games offered
• size of casino
• betting limits
• regulation
• security

16
Compacts (only if Class III)

• IGRA requires states to negotiate in good faith
• Some states refuse to negotiate compacts
• IGRA provides that if states refuse for more than
  180 days to negotiate, court appointed mediator
  will intervene