10/21/20
Congress intended to balance state and tribal interests through negotiated and shared state and tribal regulation and jurisdiction over Class III gaming IGRA gives states a role in Class III gaming by requiring tribes and states to negotiate compacts before a tribe may offer Class III gaming IGRA details the procedures that states and tribes must follow in negotiating compacts and includes possible negotiation subjects
Compacts Under IGRA
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IGRA requires states to negotiate in “good faith” › IGRA authorizes tribe to bring action against state in federal court to compel good faith negotiations, but this requirement is unenforceable as a result of the Supreme Court Decision in Seminole Tribe of Fla. v. Florida , 517 U.S. 44 (1996). › The Supreme Court held that Congress does
Compact Negotiations
not have the power under Article I Indian Commerce clause to abrogate the States' Eleventh Amendment immunity to permit suits to enforce rights under the Federal Indian Gaming Regulatory Act.
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