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GAO/RCED-98-45R 1 (1997-12-19)

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                United States
GA(             General Accounting Office
                Washington, D.C. 20548

                .Resources, Community, and
                Economic Development Division
                B-278768


                December 19, 1997


                The Honorable Tadd M. Johnson
                Chairman
                National Indian Gaming Commission

                Subject: Indian Gaming: Federal Controls Did Not Detect Compact Approval
                        Violation

               Dear Mr. Chairman:

               As a part of an ongoing study for the Senate Committee on Indian Affairs, we
               are looking at the implementation of gaming regulation by the National Indian
               Gaming Commission   (Commission), the state of Washington, and several other
               states. While conducting this study, we found that the Nisqually Indian Tribe
               was operating class III (casino-type) gaming in Washington without the
               approval of the Secretary of the Interior, which is required by the Indian
               Gaming Regulatory Act of 1988 (IGRA).2

               In summary, the tribe did not submit its compact3 with the state of
               Washington to the Secretary for approval until very recently. As a result, the
               Indian Gaming Management   Staff, an administrative office within the Bureau
               of Indian Affairs that receives and logs in the compacts submitted for the
               Secretary's approval and publishes a list of approved compacts, did not know
               that the tribe had a compact with the state. In addition, the Commission,


             'Arizona, Michigan, Nevada, and New Jersey.

             2P.L. 100-497, Oct. 17, 1988; 25 U.S.C. 2701 et seq.

             3A compact  is an agreement that may include provisions concerning standards
             for the operation and maintenance of the gaming facility, the application of
             laws and regulations of the tribe or the state that are related to the licensing
             and regulation of the gaming activity, and the assessment by the state of the
             amounts  necessary to defray the costs of regulating the gaming activity.

                                                GAO/RCED-98-45R Indian Gaming Compact Controls

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