The Indian Gaming Regulatory Act (Pub.L. 100-497, 25 U.S.C. § 2701 et seq.) is a 1988 United States federal law that establishes the jurisdictional framework that governs Indian gaming. There was no federal gaming structure before this act. [1]The stated purposes of the act include providing a legislative basis for the operation/regulation of Indian gaming, protecting gaming as a means of generating revenue for the tribes, encouraging economic development of these tribes, and protecting the enterprises from negative influences (such as organized crime)[2]. The law established the National Indian Gaming Commission and gave it a regulatory mandate. The law also delegated new authority to the U.S. Department of the Interior and created new federal offenses, giving the U.S. Department of Justice authority to prosecute them.
The law has been the source of extensive controversy and litigation. One of the key questions is whether the National Indian Gaming Commission and Department of Interior can be effective in regulating tribal economic decisions related to Indian gaming. Senator John McCain is in favor of greater regulation, while a prominent professor in the field is skeptical that such regulation is effective.[3] Many of the controversies have produced litigation, some of it reaching the U.S. Supreme Court.
References
- ^ Burris, Tracey. "How Tribal Gaming Commissions Are Evolving", Gaming Law Review 8 Number 4(2004): 1-4.
- ^ Utter, Jack. American Indians: Answer's to Today's Questions. 2nd. University of Oklahoma Press, 2001 (362-363)
- ^ "Paternalism or Protection?: A Panel Discussion at Harvard Law School on Federal Review of Tribal Economic Decisions in Indian Gaming", [1]
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