Tribal Sovereignty and Gaming • There are 574 federally recognized tribes in the United states. Approximately 248 conduct gaming. • Tribes have sovereign authority and jurisdiction over all gaming that occurs on their Indian lands, including whether to permit gaming at all. • Per the Indian Gaming Regulatory Act (IGRA), Indian gaming is a governmental activity and provides vital resources and economic development for tribes, funding government operations and programs, such as health care, cultural preservation, and education. • Tribal gaming provides jobs and economic development to the surrounding communities. • Per IGRA, Tribes may only offer forms of gaming that are otherwise permitted in the state. 25 U.S.C. § 2710(b)(1)(A), (d)(1)(b).
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Sports Event Contracts Violate Tribal Rights Under IGRA • IGRA codifies the framework for Tribes to exercise their exclusive right to regulate gaming on Tribal lands and to negotiate with States to form Class III Gaming Compacts. • Tribes and States have engaged in government-to- government negotiations to form Class III Gaming Compacts to regulate sports betting. • Tribes often receive a substantial degree of exclusivity to offer gaming, including sports betting, as a benefit of their bargain in these Compacts. • Sports Event Contracts violate the exclusive sports betting rights that Tribes bargained for in Compacts and threaten to cut off important revenue that supports state and tribal governments and citizens.
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