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Because IGRA prohibits states from levying fees, taxes, or other assessments, revenue sharing provisions are highly scrutinized
There must be a “meaningful concession”
•The State is giving something it is not required to give, and •The Tribe is receiving a substantial economic benefit proportional to the amount of the revenue share In order for a revenue sharing provision to be lawful, the 9 th Circuit has held that “a revenue sharing provision is lawful IF the provision is •For uses directly related to the gaming activity; •Consistent with the purposes of IGRA; and •Not imposed because it is bargained for in exchange for a meaningful concession.” • Rincon v. Schwarzenegger , 602 F3d. 1019 (9 th Cir. 2010)
Revenue Sharing
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Importance of Understanding Your Compact
Tribal gaming regulators are responsible for enforcing gaming laws, including the Tribal- State Compact
Tribal regulators must be knowledgeable of the provisions of the Compact
Compacts generally identify the tribal gaming regulatory agency as the entity responsible for carrying out regulatory duties
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