🍒 Indian Gaming: Legal Background and the Indian Gaming Regulatory Act (IGRA) - russkie-video.online

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I was on the House side when the Indian Gaming Regulatory Act was signed into law in In fact, I was on the committee of jurisdiction, as you know, and.


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Indian Gaming Regulatory Act: Example Part 2

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Indian Gaming Regulatory Act () Steven J. Gunn Congress adopted the Indian Gaming Regulatory Act (IGRA) (P.L. , Stat.


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In , after the Supreme Court held, in California v. IGRA also created the NIGC to provide regulation of Indian gaming on the federal level. on tribal land, Congress passed the Indian Gaming Regulatory Act (IGRA).


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Indian Gaming: Past and Present

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The Indian Gaming Regulatory Act was enacted by the United States Congress on October 17, , to regulate the conduct of gaming on Indian Lands.


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How the Indian Gaming Regulatory Act improved tribal sovereignty

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The Indian Gaming Regulatory Act of was intended to es- tablish a balanced system for regulating all forms of Tribe-spon- sored gaming.


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The Indian Gaming Regulatory Act is a United States federal law that establishes the jurisdictional framework that governs Indian gaming. There was no.


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The Indian Gaming Regulatory Act is a United States federal law that establishes the jurisdictional framework that governs Indian gaming. There was no.


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Indian Gaming Regulatory Act: Example Part 1

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The in reservation-resident , Indian was Gaming a watershed Regulatory American in the Act Indians. history (IGRA), of IGRA policymaking passed set the​.


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In , after the Supreme Court held, in California v. IGRA also created the NIGC to provide regulation of Indian gaming on the federal level. on tribal land, Congress passed the Indian Gaming Regulatory Act (IGRA).


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The in reservation-resident , Indian was Gaming a watershed Regulatory American in the Act Indians. history (IGRA), of IGRA policymaking passed set the​.


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JOHN KANE EXPLAINS THE INDIAN GAMING REGULATORY ACT

The inquiry is to proceed in light of traditional notions of Indian sovereignty and the congressional goal of Indian self-government, including its overriding goal of encouraging tribal self-sufficiency and economic development. Today, Indian gaming is big business. As explained in the Senate report on the bill that became IGRA, Congress sought to "preserve the right of tribes to self-government while, at the same time, to protect both the tribes and the gaming public from unscrupulous persons. They have built modern facilities which provide recreational opportunities and ancillary services to their patrons, who do not simply drive onto the reservations, make purchases and depart, but spend extended periods of time there enjoying the services the Tribes provide. Although federal officials never took steps to shut down tribal bingo, 35 these operations were vulnerable to being shut down should the federal government have a change of heart and choose to enforce FACA or OCCA. Confederated Tribes of the Colville Indian Reservation , 62 the Court "held that the State could tax cigarettes sold by tribal smokeshops to non-Indians, even though it would eliminate their competitive advantage and substantially reduce revenues used to provide tribal services, because the Tribes had no right to market an exemption from state taxation to persons who would normally do their business elsewhere. In addition, the dissent wrote, just as the smokeshops were marketing an exemption from state taxation, the tribal bingo operations were marketing an exemption to state law. The tribal-state compact is the key to tribal casino gaming. In Rice the Court held that California could require a federally licensed Indian trader who was a tribal member and operated a general store on a reservation to obtain a state liquor license for sales for off-premises consumption. IGRA was not so much a direct response to Cabazon , as it was the culmination of congressional efforts which were focused by the Court's decision in Cabazon. The state and county sought to minimize these interests by arguing that the tribes were merely marketing an exemption from state law. California also asserted that its interest in preventing organized crime from infiltrating tribal bingo outweighed the federal and tribal interests and justified imposing its laws on tribal gaming. This decision, therefore, removed IGRA's practical guarantee that tribes would be able to engage in class III gaming over the objections of the state and gave states a veto over tribal class III gaming—a state can simply refuse to negotiate a class III compact to deny a tribe the ability to engage in class III gaming. It should not be made by the Court, by the temporary occupant of the Office of the Secretary of the Interior, or by non-Indian entrepreneurs who are experts in gambling management but not necessarily dedicated to serving the future well-being of Indian tribes. The Court concluded "that the State's interest in preventing the infiltration of the tribal bingo enterprises by organized crime does not justify state regulation of the tribal bingo enterprises in light of the compelling federal and tribal interests supporting them. The dissent also rejected the majority's conclusion that tribal bingo was consistent with the state public policy because the state regulated bingo, rather than prohibited it. Therefore, federal legislation was needed to secure the tribes' ability to engage in gaming free from state regulation. Local and state authorities threatened to shut down these operations, claiming that they violated state law. Therefore "when a State seeks to enforce a law within an Indian reservation under the authority of Pub. The trust or restricted fee land can be owned by the tribe itself or a tribal member. In , after the Supreme Court held, in California v. The dissenters believed that even if Public Law did not authorize the state to apply its gaming laws to the tribes' bingo operations, the state had authority to apply the gaming laws under Washington v. It prohibits gaming on newly acquired land—that is, land acquired in trust after October 17, —subject to two exceptions: the "two part determination"; and, land taken in trust as part of a land settlement, restoration of land for a restored tribe, or the initial reservation of a newly acknowledged tribe. A tribe's jurisdiction over land depends on whether the land is "Indian country. Cabazon Band of Mission Indians , that federal and tribal interests in Indian gaming preempted state law such that state regulation of gaming did not apply to tribal gaming operations on tribal land, Congress passed the Indian Gaming Regulatory Act IGRA. The legality of Indian gaming under federal law was also questionable. The Court characterized the federal goals of "encouraging tribal self-sufficiency and economic development" as "important. The dissent also disagreed with the majority's analysis of Public Law The dissenters believed the plain language of Public Law authorized California to apply its gaming laws to the tribes' bingo operations: "Congress expressly provided that the criminal laws of the State of California 'shall have the same force and effect within such Indian country as they have elsewhere within the state. Rejecting California's argument that its gaming laws were criminal in nature because they carried criminal penalties, the Court held that the difference between laws that are criminal in nature and those that are civil in nature depends on whether the law is "prohibitory" or "regulatory. But the decision to adopt, to reject, or to define the precise contours of such a course of action, and thereby to set aside the substantial public policy concerns of a sovereign State, should be made by the Congress of the United States. The state and county also argued that the Court's opinion in Rice v. A prerequisite to exercising governmental power over trust or restricted fee land is jurisdiction. In establishing a framework for regulating Indian gaming, IGRA was intended to balance the interests of the tribes, the states, and the federal government in Indian gaming and apportion responsibility for regulating it accordingly. Three Justices dissented from the majority opinion. The tribes urged the Court to simply affirm the lower court without further analysis, relying on the statement from McClanahan v. The prohibition does not apply to land acquired by the Secretary that is "located within or contiguous to the boundaries of the reservation of the Indian tribe on October 17, There are two exceptions to the prohibition.{/INSERTKEYS}{/PARAGRAPH} An additional objective inherent in any government regulatory scheme is to achieve a fair balancing of competitive economic interests. IGRA provides a statutory basis for Indian tribes to conduct gaming on "Indian lands" and establishes a regime for regulating Indian gaming. Recognizing that some states might simply stonewall tribes and refuse to negotiate class III gaming compacts, Congress required that upon a request from a tribe to negotiate a compact, a state must negotiate in good faith. The Tribes have a strong incentive to provide comfortable, clean, and attractive facilities and well-run games in order to increase attendance at the games The Court apparently distinguished bingo enterprises from smokeshops, therefore, because the tribes invested more money and effort in bingo facilities than in smokeshops, and the customers were attracted by more than just the opportunity to play bingo free from the limitations from state law. Florida , the Supreme Court held that Congress did not have authority under the Indian Commerce Clause to waive the states' sovereign immunity to suits by tribes to enforce the good faith negotiation requirement. The Court held that federal and tribal interests supporting tribal gaming preempted state laws regulating tribal gaming on tribal land. Both of these acts made it a federal crime to conduct gaming in Indian country if that gaming would violate state law if it were conducted in the state. The state sought to enforce Section Section Court of Appeals for the Ninth Circuit both held that the state and the county did not have authority over the tribal bingo and card games. It is clear, however, that state laws may be applied to tribal Indians on their reservations if Congress has expressly so provided. IGRA prohibits gaming on most land acquired in trust after its effective date, October 17, For the purposes of regulation, IGRA divided Indian gaming into three classes: class I gaming includes social or traditional gaming played for prizes of minimal value 16 and is subject to exclusive tribal regulation; 17 class II gaming includes bingo and similar games and non-banked card games, 18 and is subject to regulation by the tribes and NIGC, 19 and may be conducted only in states that allow such gaming; 20 and, class III gaming includes all other games 21 and may be conducted only pursuant to tribal-state compacts approved by the Secretary of the Interior Secretary in states that allow such gaming or pursuant to procedures approved by the Secretary under circumstances specified by IGRA. The dissent rejected this explanation by quoting Rice itself: "'If there is any interest in tribal sovereignty implicated by imposition of California's alcoholic beverage regulation, it exists only insofar as the State attempts to regulate Rehner's sale of liquor to other members of the Pala Tribe on the Pala Reservation. IGRA provided a statutory basis for Indian gaming on "Indian lands" and struck a balance between tribal, state, and federal interests in its scheme for regulating Indian gaming. The Court also rejected the state's and county's argument that they had authority to enforce state law on the reservations under OCCA. {PARAGRAPH}{INSERTKEYS}In the s, a number of Indian tribes developed high-stakes bingo and other gaming operations to raise non-federal revenue to fund their governments. More recently, Congress's attention has focused primarily on off-reservation gaming—that is, gaming on Indian lands located away from a tribe's reservation. However, in Seminole Tribe of Florida v. Indian gaming started out small. In the s, the Department of the Interior and other executive branch agencies supported tribes developing gaming operations as a way to raise money to fund their governments. Having jurisdiction and exercising governmental power are not the same thing. Public Law granted to certain states, including California, criminal and civil adjudicatory jurisdiction over Indian country. In order to create an incentive for states to negotiate in good faith, IGRA provided that tribes could sue states in federal district court for failing to negotiate in good faith. Increasingly, states have demanded significant revenue sharing and non-gaming concessions in exchange for class III compacts. For non-reservation trust or restricted fee land, therefore, the tribe must exercise "governmental authority" over it. The dissent stated the state had both "economic and protective" interests that justified applying the gaming laws to tribal bingo. Class III gaming is the most lucrative class of gaming, 24 and a tribal-state compact is the key to a tribe's ability to engage in class III gaming. There is no such traditional federal view governing the outcome of this case, since, as we have explained, the current federal policy is to promote precisely what California seeks to prevent. It did not address federal authority over Indian gaming. Cabazon Band of Mission Indians, that federal and tribal interests in Indian gaming preempted state law such that state regulation of gaming did not apply to tribal gaming operations on tribal land, Congress passed the Indian Gaming Regulatory Act IGRA. IGRA prescribes a series of steps to ensure that ultimately a tribe would be able to engage in class III gaming even over the state's objections. The Supreme Court began its analysis by noting that "tribal sovereignty is dependent on, and subordinate to, only the Federal Government, not the States. There have been several bills introduced which would amend IGRA to limit tribes' ability to game on land located away from their reservations. In Washington v. Appellants and the Secretary of the Interior may well be correct, in the abstract, that gambling facilities are a sensible way to generate revenues that are badly needed by reservation Indians. Seminole shifted the balance of power struck in IGRA between the tribes and the states in favor of the states by taking away the tribes' recourse when states refuse to negotiate class III compacts or demand concessions prohibited by IGRA. Essentially, therefore, Rice did not apply to Indian gaming because federal policy, as determined by the executive branch, promoted Indian gaming that was free from state regulation. Rehner , in which the Court held the state could require a tribal member who was a federally licensed Indian trader selling liquor on the reservation to obtain a state liquor license for off-premises sales, on the grounds that Congress never recognized a tradition of tribal sovereignty over alcohol on Indian reservations, but it did recognize that states would have concurrent jurisdiction over alcohol on Indian reservations. Rather, the tribe must have jurisdiction over the land under federal law. Although the Indian tribes won a big victory in Cabazon , their right to engage in gaming was vulnerable because if the executive branch ever decided not to encourage Indian gaming as a means to realize federal policy goals of self-determination and economic self-sufficiency, under the reasoning of Cabazon , states would be able to enforce their gaming laws against tribal gaming on tribal land. It appears, therefore, that Indian gaming escaped regulation by the states because the majority accepted that the executive branch's policies and actions supporting tribal bingo as a means for tribes to realize greater self-determination and economic self-sufficiency could pre-empt state law. In the last five years, there have been several bills introduced in Congress to amend IGRA, primarily to restrict off-reservation gaming. Arizona State Tax Comm'n that "'state laws generally are not applicable to tribal Indians on an Indian reservation except where Congress has expressly provided that State laws shall apply. While acknowledging that the state had a legitimate interest, the Court found it was insufficient "to escape the pre-emptive force of federal and tribal interests apparent in this case" because there was no proof that organized crime had infiltrated the tribes' gaming and because federal policy, as determined by the executive branch, favored tribal gaming. Narragansett Indian Tribe , the court accepted the tribe receiving funds to administer federal programs under the Indian Self-Determination and Education Assistance Act, establishing a housing authority and receiving funds for federal programs from the Department of Housing and Urban Development, and receiving "treatment as a state" status for the purposes of federal environmental statutes as sufficient to establish that it exercised governmental power. Florida , 28 the Supreme Court held that Congress did not have authority under the Indian Commerce Clause to waive the states' sovereign immunity to lawsuits by tribes to enforce the requirement that states negotiate class III gaming compacts in good faith. State regulation would impermissibly infringe on tribal government. In , the Supreme Court considered whether states could enforce state gaming laws against tribal gaming operations on tribal land. Confederated Tribes of the Colville Indian Reservation. One of IGRA's policy goals was "to provide a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments. In that case, the dissent noted, the Court rejected the tribe's argument that, because the revenues from the smokeshops funded essential government services, the state did not have authority to tax on-reservation cigarette sales to non-Indians. The dissent thought the majority dismissed the state's concerns about criminal activity associated with "unregulated" tribal bingo too readily. In , in California v. Here, however, the Tribes are not merely importing a product onto the reservations for immediate resale to non-Indians. Congress had been considering Indian gaming bills for approximately four years when the Supreme Court decided Cabazon. Whatever revenues the Tribes receive from their unregulated bingo games drain funds from the state-approved recipients of lottery revenues—just as tax-free cigarette sales in the Confederated Tribes case diminished the receipts the tax collector would otherwise have received. To do this, IGRA divides Indian gaming into three classes: class I includes traditional or social gaming and is subject to exclusive tribal regulation; class II covers bingo and similar games and is subject to tribal regulation and oversight by the National Indian Gaming Commission NIGC ; and, class III includes all other gaming, including casino gaming or Las Vegas-style gaming, and generally can only be conducted pursuant to tribal-state compacts that must be approved by the Secretary of the Interior. Rehner 65 supported application of their laws to tribal gaming. Cabazon Band of Mission Indians , 11 the Supreme Court settled that Indian tribes could engage in gaming on tribal land free from state law.