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US RESERVATION GAMING by Sharon Harris
The individual governor and federal Secretary of the Interior must approve all ineligible
land. Only three tribes have won licenses since 1988.
T
his year, Indian gaming celebrates 20 years of gaming. The Indian Gaming Called “reservation shopping”, the federal government rejected 22 applications for new
Regulatory Act (IGRA) legalized casino gaming as an economic vehicle. Via an off-reservation casinos in January 2008. The distance from the reservation determined the
agreement, or compact, between federally recognized sovereign tribes and their decision – several were hundreds to thousands of miles away or crossed into another state.
reservations’ home state, tribes could operate casinos on reservation land. Tribal Native Americans are enjoying a newfound political power, vital in this election year. For
gaming is classified as Class I, II or III operations. States cannot regulate tradi- example, California’s tribes are the largest campaign contributors.
tional Class I, but may regulate Class II low-stakes games, like bingo. IGRA authorizes regu- Democrats have maintained a close relationship with Indian Country, and tribes have
lation and compacts with individual states for Class III Las Vegas-style gaming. donated twice as much to Democratic candidates over Republicans. Analysts claim that
Compacts may not tax tribes, but do allow revenue sharing. States have differed in their Democrats have been superior advocates. However, Republican presidential candidate,
approach since 1988. Some have few rules and oversight; others mandate extensive regula- Arizona Senator John McCain’s history with tribes may change the political dynamic in 2008.
tion. The huge successes of Indian gaming have motivated some states to renegotiate better Efforts to amend IGRA have failed, thanks to NIGA and the National Congress of
compact terms. American Indians (NCAI), America’s oldest Indian organization. McCain introduced legisla-
IGRA also created the independent federal National Indian Gaming Commission (NIGC) tion while chairing the Senate Committee on Indian Affairs. Despite pushing for revision,
to monitor tribal gaming management and regulation. Other standards addressed tribal McCain remains a longtime friend of Indian gaming.
land acquisitions and off-reservation gaming. Uniformly amending IGRA is difficult since states have diverse tribal needs. Most tribes
The National Indian Gaming Association (NIGA) recently reported that Native American are willing to live with the status quo. Despite IGRA’s imperfections, revisions could prove
gaming employed 670,000 jobs nationwide for American Indians and its neighboring com- more negative than positive.
munities. Indian gaming has paid billions in federal, state and local taxes, and $100 million Tribal gaming appears to be safe for the coming year. It is unlikely that anyone in Washington
to charitable organizations. will press for significant legislation in an important election year. As new members enter
While there are only a few superstar venues, the majority provides employment and Congress, educating them about tribal gaming remains crucial.
improved education for most tribal members.
However, some NIGA members believe the NIGC infringes on tribal compacts and sover-
eignty. The friction peaked when the Colorado River Indian Tribe (CRIT) of Arizona sued
the NIGC. In 2006, a court decision limited NIGC’s authority by barring it from issuing
minimum internal control standards (MICS), initiated in 1999, for Class III tribal casinos.
NIGC Chairman Philip Hogen, the FBI and numerous federal prosecutors involved in
dozens of investigations opposed the ruling.
Where should tribal gaming be allowed to operate? Historically, the US government has
owned all Indian reservation land. Eighteenth century laws allowed the government to take
Indian lands into trust.
To stop uncontrolled casino proliferation, IGRA bars casinos on unrecognized reservation
land or designated “Indian Lands” prior to October 17, 1988. The language exempts tribes
without land, those who settle land disputes and those who lost land, but regained their
federal recognition status.
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