NCJ Number
163052
Journal
Compleat Lawyer Volume: 12 Issue: 4 Dated: (Fall 1995) Pages: 37-45
Date Published
1995
Length
9 pages
Annotation
This article reviews the provisions and legislative history of the Indian Gaming Regulatory Act (IGRA), Federal case law that interprets the IGRA, and principles used in the IGRA.
Abstract
Enacted in 1988, the IGRA set up a national Indian Gaming Commission to regulate Indian gaming, define classes of gaming, provide for tribal-State compacts for the operation of Class III gaming, and define the land where games could be played. The classes of gaming under the IGRA are of three types: Class I gaming, which consists of social games solely for prizes of minimal value and traditional forms of Indian gaming; Class II gaming, which consists of bingo and, if played in the same location, pull tabs, lotto, punch boards, tip jars, instant bingos, and other games similar to bingo, as well as certain card games; and Class III gaming, which involves all forms of gaming that are not included in Class I or Class II. According to the staff of the National Indian Gaming Commission, approximately 200 tribes are conducting gaming activities, generating estimated revenues for tribes of about $2 billion in 1994. The first tribal-State compact was signed on March 27, 1990. As of March 23, 1995, 115 tribes in 22 States have concluded 132 tribal-State compacts for Class III gaming. Sixty-six of these tribes have casino facilities in operation. The remaining tribes conduct Class II gaming enterprises. Only two States, Utah and Hawaii, forbid all forms of gaming. They, therefore, fall into the criminal/prohibitory category, which prevents tribes from conducting Class II and Class III gaming. 52 notes