tribes to regulate gaming activity on their own lands, and to provide states the ability to coordinate with tribes in the regulation of that gaming. IGRA advances the longstanding national policy of promoting and sustaining tribal self- sufficiency. See 25 U.S.C. § 2701(4) (“[A] principal goal of Federal Indian policy is to promote tribal economic development, tribal self-sufficiency, and strong tribal government.”). In this regard, IGRA has been an incredible success. 1 The revenue generated by tribal gaming supports jobs in hundreds of rural communities across the nation and provides critical funding to state and local governments through revenue-sharing agreements, tax revenue generation, and economic stimulus. IGRA establishes a three-tier regulatory structure for Class III gaming on Indian lands, providing that such gaming is only lawful if it is: (1) authorized by tribal ordinance or resolution; (2) located in a state that permits such gaming; and (3) conducted in accordance with a tribal-state gaming compact. 25 U.S.C. § 2710(d)(1). IGRA also established the National Indian Gaming Commission (“NIGC”) to oversee much of this regulatory regime. 25 U.S.C. § 2704. The NIGC has promulgated a wide range of regulations to implement IGRA’s three-tier structure.
1 See FY 2023 Gross Gaming Revenue Report, Nat’l Indian Gaming Comm’n 4–5 (July 2024), available at https://www.nigc.gov/images/uploads/GGR23_Final.pdf.
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