GAMBLING

This section is geared more towards older students and adults because of the complexity of the issues discussed.

               

Indian land is not under state law unless a federal law places it under state law. The Supreme Court held that even if a tribe is under state law the state gaming regulations do not apply on Indian trust land. In 1988, Congress passed the Indian Gaming Regulatory Act (IGRA). Following the IGRA, the National Indian Gaming Commission (NIGC) was created as a federal agency in 1988, to regulate high-stakes Indian gaming. There are three classes of Indian gaming, Class I gaming includes traditional Indian gaming with minimal prizes.  Class I is not regulated by the IGRA, but is controlled entirely by the tribal governments. Class II gaming includes bingo, pull tabs, lotto, punch boards, tip jars, and certain card games on tribal land. Class II is regulated by the Tribal government if they have a gaming ordnance approved by the NIGC.  Class III gaming includes all forms of gaming not included in either Class I or II. Generally these are considered high stakes casino style games such as slot machines, blackjack, roulette and craps. Class III requires a tribal/state compact approved by the Secretary of the Interior. These compacts have been used by state officials to confiscate Indian casino revenue which serves as a "special" tax on Indian reservations. Essentially, the tribes still have "exclusive right" to all class of gaming except when states do not accept that class or it clashes with federal law.  After the enactment of the IGRA Indian gaming revenue increased from $100 million in 1988 to $16.7 billion in 2006. Gambling has brought large amounts of revenue to many Native nations, but has also brought negative results such as corruption. Recent statistics show that among the 565 federally recognized tribes there are 400 Indian gaming establishments. These establishments generate approximately $18.5 billion annually. Gambling has created controversy within some Haudenosauneee communities. Proceeds from the gaming industry have been used for such projects as housing construction, scholarships and grants for tribal members, academic conferences, and other benefits. There is concern that the gaming industry negatively impacts traditional values and ways of life. There are reservations that operate several gaming establishments while others have chosen not to game.