Indian Gaming Regulations

Regulation of Indian Gaming

Indian Gaming is regulated through a three-layer system:

• Tribal Gaming Commissions
  Tribal governments license employees, enforce gaming ordinances, conduct audits, and ensure compliance.

• State Oversight (Class III)
  States participate through tribal-state compacts that define authorized games, regulatory cooperation, and revenue-sharing terms.

• National Indian Gaming Commission (NIGC)
  The NIGC provides federal oversight, reviews tribal ordinances, conducts audits, and enforces Minimum Internal Control Standards (MICS).

Federal Regulations

Indian Gaming Regulatory Act (IGRA)

Indian gaming is authorized by the U.S. Indian Gaming Regulatory Act (IGRA). Under this law Indian tribes in any state can conduct gambling on Indian land as long as the type of gambling has been authorized for non-Indians.

The IGRA defines "Indian land" as either (1) land that is part of a federally recognized Indian reservation, or (2) off-reservation land that is held in trust for a tribe by the federal government.

Government Agencies & Organizations

• National Indian Gaming Commission (NIGC)
  The NIGC was established by the Indian Gaming Regulatory Act of 1988 as an independent regulatory agency within the U.S. Department of the Interior to investigate, audit, review, and approve Indian gaming ordinances.
  nigc.gov
   
• Bureau of Indian Affairs (BIA)
  The Bureau of Indian Affairs is an agency within the U.S. Department of the Interior that handles the administration and management of 55.7 million acres of land held in trust by the United States for American Indians, Indian tribes, and Alaska Natives. There are 575 federal recognized tribal governments in the United States.
  doi.gov/bia
   
• Committee of Indian Affairs
  This Senate committee has jurisdiction to study the unique problems of American Indian, Native Hawaiian and Alaska Native peoples including economic development, land management, trust responsibilities, education, health care, and claims against the United States.
  indian.senate.gov
   
• National Indian Gaming Association
  The National Indian Gaming Association (NIGA) is a non-profit Indian gaming association of tribal members and industry members. Its mission is to protect the welfare of tribes seeking self-sufficiency through Indian gaming.
  indiangaming.org
   

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New Casinos | Federal Approval Process

New tribal casinos require an extensive evaluation process within the U.S. Department of Interior before a final decision is made regarding approval. The process sometimes takes several years. The department agency that plays the lead role in the process is the Bureau of Indian Affairs (BIA).

Approval Steps for New Casinos

1. Tribal Application
   To start the approval process, tribal governments must first pass a resolution stating its intent to develop a casino. The tribe will then submit a formal application to the BIA for approval of the casino.

2. BIA Eligibility Review
   The BIA ensures the application complies with the requirements of the Indian Gaming Regulatory Act (IGRA). The tribe must be federally recognized, the casino location must be on Indian lands, and the games must not be prohibited by federal law.

3. Off-Reservation Land
   If the casino site is on land acquired by the tribe after 1988, the Secretary of the Interior must consult with the state governor and local officials to determine the potential impacts on the local community and on other tribes. The Secretary must weigh that against the potential economic benefits to the tribal applicant, its need for additional land, and its history of self-governance.

Key steps include:

• Tribal application
• Environmental review
• Public comment periods
• DOI analysis
• Final determination



4. National Environmental Policy Act (NEPA) Review
   The BIA conducts an environmental review with an Environmental Assessment (EA) or Environmental Impact Statement (EIS), followed by a public comment period.

5. Land-into-Trust Application (Off-Reservation)
   If the casino site is not on tribal land, the tribe must file a land-into-trust application to the BIA.

6. Tribal-State Compact
   For Class III gaming casinos, the tribe and the state must negotiate a gaming compact to establish the operating terms for the casino, such as types and number of games.

7. Final Approval
   When the above steps are completed, the BIA issues a final decision on the casino application. The Secretary of Interior signs the approval letter.

Glossary of Indian Gaming Terms

• IGRA - Indian Gaming Regulatory Act.
• NIGC - National Indian Gaming Commission.
• Indian lands - Trust or restricted lands eligible for gaming.
• Class I Gaming - Traditional tribal games.
• Class II Gaming - Bingo and certain card games.
• Class III Gaming - Casino-style gaming requiring a compact.
• Compact - Agreement between a tribe and a state.
• Land-into-trust - Federal process for placing land into trust.
• MICS - Minimum Internal Control Standards.
• Two-part determination - Required approval for off-reservation gaming.

Official Resources

• Indian Gaming Regulatory Act (IGRA)
  https://www.nigc.gov/general-counsel/indian-gaming-regulatory-act
• National Indian Gaming Commission (NIGC)
  https://www.nigc.gov
• U.S. Department of the Interior (DOI)
  https://www.doi.gov
• Bureau of Indian Affairs (BIA)
  https://www.bia.gov

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