Indian Gaming in California
The Indian Gaming Regulatory Act (IGRA)
In 1988, a bipartisan congress passed the
Indian Gaming Regulatory Act (IGRA) in order to set new federal
guidelines for Indian gaming that was occurring on reservations across
the nation. Court decisions from all over were at conflict regarding
Indian bingo and many states were questioning their authority to
regulate and supervise the bingo operations on reservations that were
then free from civil regulatory powers of local and state governments.
In December 1986, the U.S. Supreme Court heard
arguments for California vs. Cabazon Band of Mission Indians, et al.,
and issued its ruling on February 25, 1987, stating that since the state
allowed other forms of bingo and gaming (i.e., a state lottery, card
rooms and track facilities) it could not forbid the California Indian
Nations from pursuing the same businesses.
Congress and President Ronald Reagan, working
with the Department of Justice and the Department of Interior, wrote and
approved legislation that set forth the purpose of Indian economic
self-reliance through gaming and the federal regulations necessary for
its operation.
IGRA reorganized the levels of jurisdiction and regulation by dividing
the types of gaming into three different classes:
Class I is designated as the social or
traditional gaming played in ceremonies and remains under tribal
jurisdiction.
Class II includes bingo and similar games using
pull tabs or punchboards, regardless of their technology mechanisms, and
any non-banking card games that are not explicitly banned by state
constitution. These games falling under tribal jurisdiction are further
regulated through the National Indian Gaming Commission, a regulatory
agency created by IGRA.
Class III includes all other forms of gaming
that do not fall into the first two categories. These electronic games
of chance call for a tribal-state compact or agreement, approval by
tribal ordinance, and the approval of the chairpersons from the National
Indian Gaming Commission.
IGRA establishes the guidelines used by Native Americans to operate
entertainment centers on their tribal lands. Over the years, the
revenues earned from tribal gaming have provided economic
self-sufficiency for many of the tribes.
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