To: Brad Morris who wrote (3605 ) 6/25/1998 1:02:00 AM From: TrumpCards Respond to of 8879
Here is info on the Indian Gaming Regulatory Act. FYI. IGRA was created for the sole purpose of overseeing gaming operations that are conducted on reservations. States were in dire need of a regulatory system that would control gaming since they could not as proclaimed in the Seminole Case and the Cabazon Case. The Federal Government's main focus was to sustain a Federal Indian policy that would advance tribal economical standings, indurate self-sufficiency, and develop a strong tribal government. Create an atmosphere that would expel all criminal elements to assure that the tribes are the main beneficiary and establishing a Federal governing body, known as the National Indian Gaming Commission, to implement Federal regulations and standards on Native American reservations. This is the core of IGRA. IGRA split the issue of sovereignty into three areas: Tribal, State, and Federal. They also separated gaming into three different types. Class I is social gaming of minimal value or traditional games played as part of ceremonies and is subject to tribal regulatory jurisdiction. Class II is bingo and similar games, such as pulltabs and punchboards, regardless if they are electronic, computer, or other technological mechanisms, and non-banking card games that are allowed or not explicitly banned by state statute. This class is subject to tribal regulatory jurisdiction, with extensive Federal oversight by the National Indian Gaming Commission. Class III is all other forms of gaming that do not fall within Class I or Class II. Games that are specifically mentioned are slot machines and any electronic or electromechanical facsimiles of games of chance. Class III is only lawful on reservations only if the gaming has been authorized by tribal ordinance which has to be approved by the chairperson of the National Indian Gaming Commission and agreed upon by a tribal-state compact. IGRA leaves allocation of jurisdiction of Class III gaming to the compact process. These compacts are to be negotiated in "good faith" and if not, the tribe is allowed to seek the Secretary of Interior's assistance for mediation. A tribe must request a state to enter into the compact negotiation process. Once it is made, the state has to negotiate in good faith. Jurisdiction is provided to the federal district court concerning: (1) the state's failure to negotiate in good faith; (2) an action by a state or tribe to enjoin any class III activity conducted in violation of a compact; (3) any cause of action initiated by the Secretary of Interior to enforce the Secretary's authority under the IGRA to enforce mediation producers. If a tribe files suit against a state for failing to negotiate in good faith, the state must prove without a doubt that they did negotiate in good faith. If the court decides against the state, the court may order negotiations, which may include a mediator. If the state refuses to accept the recommendations set forth by the mediator, the Secretary of Interior shall prescribe procedures for Class III gaming by the tribes consistent with the law and the mediator's recommendations. The states claim that it is a violation of their sovereignty for Congress to subject them to the jurisdiction of federal courts, if they fail to negotiate a compact. Just recently, the Supreme Court, in Seminole Tribe of Florida v. Florida et al., decided on March 27, 1996 that the tribes, as well as other organizations, can not sue the states without the states consent. Thus, separating the states from the tribes and, in essence, causing those tribes within states who refused to negotiate compacts and did not relinquish consent, to operate illegally.