Important Indian Gaming Regulations to Know for Native American Law

Indian gaming regulations are crucial for understanding how tribes manage gaming on their lands. The Indian Gaming Regulatory Act (IGRA) of 1988 set the stage for this, promoting economic growth and self-governance while ensuring compliance and oversight through various frameworks and agreements.

1. Indian Gaming Regulatory Act (IGRA) of 1988

   • Established the framework for the regulation of gaming on Indian lands.
   • Aims to promote tribal economic development, self-sufficiency, and strong tribal governments.
   • Divides gaming into three classes, each with different regulatory requirements.
   • Requires tribes to develop their own gaming ordinances and submit them to the National Indian Gaming Commission (NIGC).
   • Provides a mechanism for resolving disputes between tribes and states regarding gaming operations.

2. National Indian Gaming Commission (NIGC) regulations

   • Oversees and enforces compliance with IGRA and its regulations.
   • Conducts audits and investigations of tribal gaming operations to ensure adherence to standards.
   • Provides technical assistance and guidance to tribes in developing gaming regulations.
   • Has the authority to issue fines and suspend or revoke gaming licenses for non-compliance.
   • Facilitates communication and cooperation between tribes and federal/state governments.

3. Tribal-State Gaming Compacts

   • Agreements between tribes and states that govern the conduct of gaming activities.
   • Must be negotiated and executed in good faith, addressing revenue sharing and regulatory oversight.
   • Provide a framework for resolving disputes related to gaming operations.
   • Can include provisions for exclusivity, allowing tribes to operate certain types of gaming without state competition.
   • Require approval from the U.S. Department of the Interior to be enforceable.

4. Class I, II, and III gaming classifications

   • Class I: Traditional tribal games and social games with minimal stakes; regulated solely by tribes.
   • Class II: Bingo and certain card games; regulated by tribes but subject to NIGC oversight.
   • Class III: Casino-style gaming (e.g., slot machines, table games); requires a tribal-state compact and NIGC approval.
   • Classifications determine the level of regulatory oversight and the types of games that can be offered.
   • Essential for understanding the legal framework governing different types of gaming activities.

5. Revenue allocation plans

   • Outline how gaming revenues will be distributed among tribal members and programs.
   • Must comply with IGRA and be included in tribal gaming ordinances.
   • Can include provisions for funding education, health care, and infrastructure projects.
   • Aim to ensure that gaming revenues benefit the entire tribal community.
   • Require transparency and accountability in financial reporting.

6. Tribal gaming ordinances

   • Local laws enacted by tribes to govern their gaming operations.
   • Must be approved by the NIGC to ensure compliance with IGRA.
   • Address issues such as licensing, regulation of gaming activities, and revenue distribution.
   • Provide a framework for internal controls and operational procedures.
   • Reflect the unique cultural and economic needs of each tribe.

7. Minimum internal control standards (MICS)

   • Set of standards established by the NIGC to ensure the integrity of gaming operations.
   • Cover areas such as financial reporting, security, and auditing procedures.
   • Aim to prevent fraud, theft, and other illegal activities within gaming facilities.
   • Require tribes to implement and maintain effective internal controls.
   • Subject to regular review and updates to adapt to changing circumstances.

8. Licensing requirements for tribal gaming operations

   • Tribes must establish licensing procedures for key gaming personnel and vendors.
   • Ensure that individuals involved in gaming operations meet specific qualifications and standards.
   • Include background checks and financial disclosures to prevent conflicts of interest.
   • Aim to maintain the integrity and security of gaming operations.
   • Must comply with both tribal regulations and NIGC requirements.

9. IGRA's "sole proprietary interest" requirement

   • Mandates that tribes maintain the primary ownership and control of gaming operations.
   • Prevents outside entities from exerting undue influence or control over tribal gaming.
   • Ensures that gaming revenues directly benefit the tribe and its members.
   • Requires tribes to demonstrate their proprietary interest in gaming activities.
   • Aims to protect tribal sovereignty and self-determination in gaming matters.

10. Johnson Act and its application to Indian gaming

    • Federal law that prohibits certain types of gambling devices and activities on Indian lands.
    • Applies to gaming operations that do not comply with IGRA regulations.
    • Aims to prevent illegal gambling and protect the integrity of tribal gaming.
    • Requires tribes to adhere to both IGRA and Johnson Act provisions to operate legally.
    • Highlights the importance of federal oversight in regulating gaming activities on Indian lands.