💰 Laws and Regulations | National Indian Gaming Commission

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Which laws apply to these Indian casinos, as they are often called, and how are they regulated? Native American tribes are unique in American law. They are.


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Because U.S. laws recognize certain forms of tribal sovereignty and self-​government, native-owned casinos enjoy some immunity from direct regulation by.


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The Indian Gaming Regulatory Act was enacted by the United States Congress on October 17, , to regulate the conduct of gaming on Indian Lands.


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Indian Gaming Regulatory Act | National Indian Gaming Commission
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To clarify the law, the Indian Gaming Regulatory Act was passed in Tribes could operate full-scale casino gambling on reservations in any state that.


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The Indian Gaming Regulatory Act was enacted by the United States Congress on October 17, , to regulate the conduct of gaming on Indian Lands.


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The Indian Gaming Regulatory Act was enacted by the United States Congress on October 17, , to regulate the conduct of gaming on Indian Lands.


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In Congress passed the Indian Gaming Regulatory Act (IGRA) (signed by President Ronald Reagan) which.


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Because U.S. laws recognize certain forms of tribal sovereignty and self-​government, native-owned casinos enjoy some immunity from direct regulation by.


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Which laws apply to these Indian casinos, as they are often called, and how are they regulated? Native American tribes are unique in American law. They are.


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To clarify the law, the Indian Gaming Regulatory Act was passed in Tribes could operate full-scale casino gambling on reservations in any state that.


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How the Indian Gaming Regulatory Act improved tribal sovereignty

The Government Performance and Results Act of , referred to in subsec. A has continuously conducted such activity for a period of not less than three years, including at least one year after October 17, ; and. In determining in such an action whether a State has negotiated in good faith, the court—. A the tribe shall not be subject to the provisions of paragraphs 1 , 2 , 3 , and 4 of section b of this title;. B the tribe shall continue to submit an annual independent audit as required by subsection b 2 C of this section and shall submit to the Commission a complete resume on all employees hired and licensed by the tribe subsequent to the issuance of a certificate of self-regulation; and. National Indian Gaming Commission. II any civil action that arises before, and any crime that is committed before, the close of such 1-year period shall not be affected by such revocation ordinance or resolution. B the plan is approved by the Secretary as adequate, particularly with respect to uses described in clause i or iii of paragraph 2 B ;. I such gaming operation is licensed and regulated by an Indian tribe pursuant to an ordinance reviewed and approved by the Commission in accordance with section of this title,. The Vice Chairman shall serve as Chairman during meetings of the Commission in the absence of the Chairman. See, also, page of House Document No. C annual outside audits of the gaming, which may be encompassed within existing independent tribal audit systems, will be provided by the Indian tribe to the Commission;. The Chairman shall publish such ordinance or resolution in the Federal Register and the revocation provided by such ordinance or resolution shall take effect on the date of such publication. The Chairman shall appoint a General Counsel to the Commission who shall be paid at the annual rate of basic pay payable for GS—18 of the General Schedule under section of title 5. C the Commission may not assess a fee on such activity pursuant to section of this title in excess of one quarter of 1 per centum of the gross revenue. The Chairman shall appoint and supervise other staff of the Commission without regard to the provisions of title 5 governing appointments in the competitive service. II income to the Indian tribe from such gaming is used only for the purposes described in paragraph 2 B of this subsection,. The Secretary or Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. C Any Tribal-State compact negotiated under subparagraph A may include provisions relating to—. I may take into account the public interest, public safety, criminality, financial integrity, and adverse economic impacts on existing gaming activities, and. The Commission shall meet at the call of the Chairman or a majority of its members, but shall meet at least once every 4 months. I tribal licenses for primary management officials and key employees of the gaming enterprise with prompt notification to the Commission of the issuance of such licenses;. Judicial review. The Chairman may procure temporary and intermittent services under section b of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS—18 of the General Schedule. C If the Secretary does not approve or disapprove a compact described in subparagraph A before the date that is 45 days after the date on which the compact is submitted to the Secretary for approval, the compact shall be considered to have been approved by the Secretary, but only to the extent the compact is consistent with the provisions of this chapter. I which are consistent with the proposed compact selected by the mediator under clause iv , the provisions of this chapter, and the relevant provisions of the laws of the State, and. Commission staffing. National Indian Gaming Commission a Establishment. A except as provided in paragraph 4 , the Indian tribe will have the sole proprietary interest and responsibility for the conduct of any gaming activity;. At least two members of the Commission shall be enrolled members of any Indian tribe. III in which the game is won by the first person covering a previously designated arrangement of numbers or designations on such cards,. II in which the holder of the card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined, and. IV the owner of such gaming operation pays an appropriate assessment to the National Indian Gaming Commission under section a 1 of this title for regulation of such gaming. Upon the request of the Chairman, the head of any Federal agency is authorized to detail any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this chapter, unless otherwise prohibited by law. II a standard whereby any person whose prior activities, criminal record, if any, or reputation, habits and associations pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming shall not be eligible for employment; and. In carrying out any action under this chapter, the Commission shall be subject to the Government Performance and Results Act of Public Law —62; Stat. I any person or entity operating a class III gaming activity pursuant to this paragraph on the date on which an ordinance or resolution described in clause i that revokes authorization for such class III gaming activity is published in the Federal Register may, during the 1-year period beginning on the date on which such revocation ordinance or resolution is published under clause ii , continue to operate such activity in conformance with the Tribal-State compact entered into under paragraph 3 that is in effect, and. D the per capita payments are subject to Federal taxation and tribes notify members of such tax liability when payments are made. D The Secretary shall publish in the Federal Register notice of any Tribal-State compact that is approved, or considered to have been approved, under this paragraph.{/INSERTKEYS}{/PARAGRAPH} Gaming on lands acquired after October 17, Dissemination of information. A separate license issued by the Indian tribe shall be required for each place, facility, or location on Indian lands at which class II gaming is conducted. The Commission may secure from any department or agency of the United States information necessary to enable it to carry out this chapter. II shall consider any demand by the State for direct taxation of the Indian tribe or of any Indian lands as evidence that the State has not negotiated in good faith. Review of existing ordinances and contracts. A member may serve after the expiration of his term of office until his successor has been appointed, unless the member has been removed for cause under subsection b 6 of this section. Tribal gaming ordinances. Declaration of policy. C has a financial interest in, or management responsibility for, any management contract approved pursuant to section of this title. No person or entity, other than the Indian tribe, shall be eligible to receive a tribal license to own a class II gaming activity conducted on Indian lands within the jurisdiction of the Indian tribe if such person or entity would not be eligible to receive a State license to conduct the same activity within the jurisdiction of the State. B the governing body of the Indian tribe adopts an ordinance or resolution which is approved by the Chairman. F If, during the 1-year period described in subparagraph E , there is a final judicial determination that the gaming described in subparagraph E is not legal as a matter of State law, then such gaming on such Indian land shall cease to operate on the date next following the date of such judicial decision. B i An Indian tribe may initiate a cause of action described in subparagraph A i only after the close of the day period beginning on the date on which the Indian tribe requested the State to enter into negotiations under paragraph 3 A. C Effective with the publication under subparagraph B of an ordinance or resolution adopted by the governing body of an Indian tribe that has been approved by the Chairman under subparagraph B , class III gaming activity on the Indian lands of the Indian tribe shall be fully subject to the terms and conditions of the Tribal-State compact entered into under paragraph 3 by the Indian tribe that is in effect. Availability of class II gaming activity fees to carry out duties of Commission. Civil penalties. Such staff shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS—17 of the General Schedule under section of that title. I which is played for prizes, including monetary prizes, with cards bearing numbers or other designations,. B The Chairman shall approve any ordinance or resolution described in subparagraph A , unless the Chairman specifically determines that—. Section 1 of Pub. Commission funding. C the interests of minors and other legally incompetent persons who are entitled to receive any of the per capita payments are protected and preserved and the per capita payments are disbursed to the parents or legal guardian of such minors or legal incompetents in such amounts as may be necessary for the health, education, or welfare, of the minor or other legally incompetent person under a plan approved by the Secretary and the governing body of the Indian tribe; and. Upon the request of the Chairman, the head of such department or agency shall furnish such information to the Commission, unless otherwise prohibited by law. III notification by the Indian tribe to the Commission of the results of such background check before the issuance of any of such licenses. Subpoena and deposition authority. Powers of Chairman. For complete classification of this Act to the Code, see Short Title note set out under section of this title and Tables. A such Indian gaming is located within a State that permits such gaming for any purpose by any person, organization or entity and such gaming is not otherwise specifically prohibited on Indian lands by Federal law , and. A is recognized as eligible by the Secretary for the special programs and services provided by the United States to Indians because of their status as Indians, and. Vacancies occurring on the Commission shall be filled in the same manner as the original appointment. A a Chairman, who shall be appointed by the President with the advice and consent of the Senate; and. B The Secretary shall publish in the Federal Register the name and other information the Secretary deems pertinent regarding a nominee for membership on the Commission and shall allow a period of not less than thirty days for receipt of public comment. {PARAGRAPH}{INSERTKEYS}Public Law Oct. D i The governing body of an Indian tribe, in its sole discretion and without the approval of the Chairman, may adopt an ordinance or resolution revoking any prior ordinance or resolution that authorized class III gaming on the Indian lands of the Indian tribe. C conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the State under paragraph 3 that is in effect. A the Indian tribe has prepared a plan to allocate revenues to uses authorized by paragraph 2 B ;. Upon receiving such a request, the State shall negotiate with the Indian tribe in good faith to enter into such a compact. For complete classification of this Act to the Code, see Short Title of Amendment note set out under section of Title 31 and Tables. B located in a State that permits such gaming for any purpose by any person, organization, or entity, and. Investigative powers. Management contracts. The Commission shall select, by majority vote, one of the members of the Commission to serve as Vice Chairman. B any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power. E the construction and maintenance of the gaming facility, and the operation of that gaming is conducted in a manner which adequately protects the environment and the public health and safety; and. No State may refuse to enter into the negotiations described in paragraph 3 A based upon the lack of authority in such State, or its political subdivisions, to impose such a tax, fee, charge, or other assessment. Commission; access to information. Upon the approval of such an ordinance or resolution, the Chairman shall publish in the Federal Register such ordinance or resolution and the order of approval. Interim authority to regulate gaming. B i The provisions of subparagraph A of this paragraph and the provisions of subparagraphs A and B of paragraph 2 shall not bar the continued operation of an individually owned class II gaming operation that was operating on September 1, , if—. II are not explicitly prohibited by the laws of the State and are played at any location in the State,. The Secretary shall provide staff and support assistance to facilitate an orderly transition to regulation of Indian gaming by the Commission. B Any State and any Indian tribe may enter into a Tribal-State compact governing gaming activities on the Indian lands of the Indian tribe, but such compact shall take effect only when notice of approval by the Secretary of such compact has been published by the Secretary in the Federal Register. The mediator shall select from the two proposed compacts the one which best comports with the terms of this chapter and any other applicable Federal law and with the findings and order of the court. Notwithstanding any other provision of this chapter, the Secretary shall continue to exercise those authorities vested in the Secretary on the day before October 17, , relating to supervision of Indian gaming until such time as the Commission is organized and prescribes regulations. II the State did not respond to the request of the Indian tribe to negotiate such a compact or did not respond to such request in good faith,. B The Secretary may disapprove a compact described in subparagraph A only if such compact violates—. Powers of Commission. Two members of the Commission, at least one of which is the Chairman or Vice Chairman, shall constitute a quorum. Authorization of appropriations.