Case: 3:25-cv-00698 Document #: 1 Filed: 08/20/25 Page 33 of 47
(Violation of the Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701–2721) 126. The Ho-Chunk Nation realleges each of the allegations set forth in the proceeding paragraphs of this complaint and by this reference incorporates each allegation as if set forth herein in full. 127. Gambling in Indian country is criminally prohibited by federal statute, except gaming conducted by a federally recognized Indian tribe in accordance with the IGRA. 18 U.S.C. §1166. 128. IGRA established a statutory framework for the regulation of Indian gaming that expressly pre-empts the field of governance of gaming activities on Indian lands. Gaming Corp. of Am. v. Dorsey & Whitney , 88 F.3d 536, 543–44 (8th Cir. 1996). 129. Under IGRA, in order for class III gaming to be conducted on Indian lands: (1) the tribe must have adopted a tribal ordinance that authorizes the playing of the class III games and the ordinance must have been approved by the Chair of the NIGC, a federal regulatory agency created under IGRA; (2) the state in which the class III gaming will be conducted must “permit” such gaming for any purpose by any person, organization, or entity; and (3) the class III gaming must be conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the state, pursuant to IGRA. 25 U.S.C. § 2710(d)(1). 130. In order to go into effect, a tribal-state class III gaming compact must be approved by the Secretary, 25 U.S.C. § 2710(d)(8)(A), or deemed approved by operation of law, 25 U.S.C. § 2710(d)(8)(C), and notice of approval must be published in the Federal Register. 25 U.S.C. § 2710(d)(3)(B). 131. Federal regulations that implement IGRA define “gaming activity” or “gaming activities” as “the conduct of class III gaming involving the three required elements of chance, consideration, and prize or reward.” 25 C.F.R. § 293.2(d).
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