Tribal gaming rights
Tribes have the right to offer Class III—casino-style—gaming on tribal land within the limits of the Indian Gaming Regulatory Act (IGRA) of 1988.
IGRA was enacted after the Supreme Court recognized the Cabazon Band of Mission Indians in California as a sovereign entity and upheld its right to operate gaming enterprises. Congress then passed IGRA to define the rights given to the Cabazon.
The law gives tribes individual jurisdiction over reservation-based gambling, although Class II gaming, such as bingo, and Class III gaming are overseen by the National Indian Gaming Commission (NIGC). Additionally, Class III gaming is subject to state oversight, depending on tribal-state compacts.
Revenues from tribal gaming must, as required by IGRA, be used to finance tribal government operations and programs, provide for the welfare of its members, promote economic development, support charities and fund local, non-tribal government agencies.
Tribes are restricted as to where they can set up gaming operations, and section 20 of IGRA (25 U.S.C. 2719) states that gaming is prohibited on lands acquired in trust after Oct. 17, 1988, unless they meet some very specific conditions, including:
1. If the lands are approved under the two-part determination. This process requires the Secretary of the Interior (DOI) to consult with the tribe, state and local officials—including nearby tribes—to determine whether gaming would be in the best interest of the applicant tribe and not detrimental to the surrounding community. To get approval, the Governor would have to concur.
2. If the lands are taken into trust as the initial reservation of a tribe acknowledged by the Secretary under the federal acknowledgment process.
3. If the lands are taken into trust as part of the restoration of lands of a tribe that is restored to federal recognition.
Although IGRA has been law since 1988, there are still no regulations governing how it is implemented. Sen. John McCain asked the DOI during a Feb. 1, 2006, Senate Indian Affairs Committee hearing to create regulations and get them in place. Over the past year, DOI has been consulting with tribes and taking comment on proposed regulations. An extended comment period ended Feb. 1, 2007.
See CARS’ timeline for how the rules evolved and how they relate to the Cowlitz Tribe.
Read the proposed regulations.
Read CARS comments on the proposed rules.
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