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1 1 (November 3, 2023)

handle is hein.crs/govenjf0001 and id is 1 raw text is: Congressional Research Service Informing the legislative debate since 1914 0 November 3, 2023 Indian Gaming Regulatory Act: Gaming on Indian Lands Overview Under the U.S. Constitution, Congress has broad power over tribal affairs, including gaming on tribal lands. In the 1970s, some federally recognized tribes established bingo gaming operations to raise funding for tribal government operations. At that time, there was no statutory framework specifically governing tribal gaming. State governments sought to regulate tribal gaming under state gaming laws, but courts were divided over whether tribal gaming was within state or federal jurisdiction. (Gaming and gambling are used synonymously in this In Focus.) In 1987, the Supreme Court held that once a state has legalized any form of gambling, tribes within that state can offer the same game on tribal land held in trust by the United States without any state regulation (see California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987)). In 1988, Congress enacted the Indian Gaming Regulatory Act (IGRA, P.L. 100-497, 25 U.S.C. §§2701-2721), to regulate gaming on tribal land without disrupting the Supreme Court's holding in Cabazon. As of 2023, over 200 tribes own, operate, or license more than 500 gaming establishments in 29 states. This In Focus describes IGRA's key provisions, issues with the law, and possible options for Congress. IG RA's G amning Classes Among other things, IGRA and its implementing regulations authorize three classes of gaming activities: * Class I gaming, social gaming with minimal prizes and traditional Indian gaming; * Class II gaming, including bingo and non-banking card games; and * Class III gaming, comprising all other games, including casino games. The degree of federal and state involvement in tribal gaming activities varies with each gaming class. The National Indian Gaming Commission (NIGC)-the federal Indian gaming regulatory body created by IGRA-regulates Class II gaming and some aspects of Class III gaming. IGRA requires Class III gaming to be regulated through compacts between tribes and states with approval from the Secretary of the Interior (Secretary). Indian Lands Under IGRA Under IGRA, tribes may conduct gaming activities on various types of Indian lands. IGRA's definition of Indian lands is not tied to a tribe's location in any particular state but to the land's status as reservation, trust, or restricted-fee land, and the tribe's jurisdiction over that land (25 U.S.C. §2703). Land can be taken into trust through the land into trust (or fee-to-trust) process, which is carried out by the Department of the Interior (DOI) under 25 C.F.R. §151. A tribe may petition DOI to take land into trust on its behalf. Congress can pass laws that require DOI to accept a specific parcel of land into trust (mandatory acquisition) or may permit DOI to take land into trust (discretionary acquisition) for a particular tribe or tribes. If the proposed trust land acquisition's stated purpose is gaming, DOI's Bureau of Indian Affairs (BIA) processes the application concurrently with DOI's Office of Indian Gaming. IG RA Exceptions Th at Allow Garming on Newly Acquired Tribal Trust Lands IGRA generally prohibits gaming activities on lands taken into trust after October 17, 1988, unless the proposed lands meet certain conditions (25 U.S.C. § 2719). In general, gaming may occur if the tribe had a reservation on October 17, 1988, and the newly acquired lands are located within or contiguous to (i.e., sharing a border with) that reservation. Alternatively, gaming may occur if the tribe did not have a reservation on October 17, 1988, and * if the newly acquired lands are in Oklahoma, the lands are contiguous to other land held in trust or restricted status, or located within the tribe's last reservation; or * if the newly acquired lands are not in Oklahoma, the lands are within the tribe's last reservation in the state or states in which the tribe is now located. The IGRA exceptions to this rule include the following: Secretarial Determination Exception. This exception allows gaming on new trust land if the Secretary determines, with the state governor's concurrence, that the acquisition for a gaming establishment * is in the best interest of the tribe; and * is not detrimental to the local community. Settlement of a Land Claim Exception. This exception allows gaming on new trust land if that land is acquired as part of a tribal land claim settlement. These settlements can be (1) enacted in legislation, (2) ordered by a court, or (3) part of agreements where the United States is a party (25 C.F.R. §292.5). Initial Reservation Exception. This exception allows gaming on new trust land if the land was acquired as part of an initial reservation for a newly recognized tribe. Under 25 C.F.R. §292, the following conditions must be met:

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