8/10/22
Evolution of Compact Regulation post- IGRA ■ Game classification has been and continues to be an active area of litigation. – Since the classification of a game determines how it is regulated, it is crucial for gaming tribes to understand how each of their offered games are classified to avoid legal challenges or the shutdown of gaming operations. – Several circuit courts have decided cases to address what games constitute a Class II or Class III gaming for the purposes of IGRA. ■ In 1996, in the case of Seminole Tribe of Florida v. Florida , the Supreme Court found Congress lacked the authority to make states subject to suit by tribes because states are granted sovereign immunity under the Eleventh Amendment.
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Evolution of Compact Regulation post- IGRA ■ Three years after the Court decided Seminole Tribe , the Department of the Interior promulgated regulations at 25 C.F.R. 291 (“Part 291”). ■ Under Part 291, tribes that are unable to compel good faith negotiations as required under IGRA have the option of requesting the Secretary to issue reasonable gaming procedures that will function as the equivalent of a compact and allow gaming operations to commence. – In New Mexico v. Dept. of the Interior , the Tenth Circuit held that severability analysis cannot extend to construing IGRA to support administrative remedy – a direct challenge to Part 291.
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