Case: 3:25-cv-00698 Document #: 1 Filed: 08/20/25 Page 8 of 47
Gaming Regulatory Act, 25 U.S.C. §§ 2701-2721, to create a framework for Indian tribes, states, and the federal government to exclusively and comprehensively regulate tribal gaming on “Indian lands.” 23. The purpose of IGRA, set forth in 25 U.S.C. § 2702, is: a) to provide a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments; b) to provide a statutory basis for the regulation of gaming by an Indian tribe adequate to shield it from organized crime and other corrupting influences, to ensure that the Indian tribe is the primary beneficiary of the gaming operation, and to assure that gaming is conducted fairly and honestly by both the operator and players; and c) to declare that the establishment of independent Federal regulatory authority for gaming on Indian lands, the establishment of Federal standards for gaming on Indian lands, and the establishment of a National Indian Gaming Commission are necessary to meet congressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue. 24. Under IGRA, if the gaming activity is not specifically prohibited by Federal law and is conducted within a state which does not, as a matter of criminal law and public policy, prohibit such gaming activity: (1) Indian tribes and the National Indian Gaming Commission (“NIGC”) have the exclusive right to regulate class II gaming on Indian lands; and (2) the Indian tribes and the states, pursuant to a compact, have the exclusive right to regulate class III gaming on Indian lands. 25 U.S.C. § 2701(5) (emphasis added). 25. IGRA defines “Indian lands” as “all lands within the limits of any
8
QB\168080.00083\98102991.1
Made with FlippingBook - Online catalogs