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what is the rule to get permission to have casino for indian american native

what is the rule to get permission to have casino for indian american native

Introduction: Native American tribes have a unique history and culture that has bee...

Introduction:

what is the rule to get permission to have casino for indian american native

Native American tribes have a unique history and culture that has been preserved for thousands of years. However, with modernization and the evolution of the economy, many tribes have turned to gaming on their reservations as a means of financial empowerment. Casinos on Native American reservations have become a major source of income, providing funds for education, healthcare, and other social services for their communities. However, obtaining permission to open a casino on Native American land is not a straightforward process, and there are many rules that must be followed. In particular, Indian Gaming Regulatory Act (IGRA) sets out the rules for Native American gaming in the United States and plays a significant role in how casinos are operated on land held in trust by the US government for Native American tribes. In this article, let's explore the rules surrounding the permission for Native American tribes to open a casino.

1. The History of Native American Gaming

The history of Native American gaming can be traced back to the 1970s when small bingo halls and poker facilities began to appear on tribal lands. However, it wasn't until the passage of the Indian Gaming Regulatory Act (IGRA) in 1988, that gambling on Native American lands became widely accepted. The act established a framework for regulating Native American gaming and provided a means for tribes to generate revenue for their communities. Prior to the passage of the IGRA, gambling on Native American lands was a gray area, and the federal government had little say in tribal affairs.

However, with the passage of the IGRA, tribes are now required to seek approval from the National Indian Gaming Commission (NIGC) to establish a casino on their land. This includes providing evidence that the tribe has a historical connection to the land and that the casino will be operated in a manner consistent with the goals of the IGRA.

1.1 The Indian Gaming Regulatory Act (IGRA)

The Indian Gaming Regulatory Act is the federal law that regulates gaming on Native American lands. The act establishes three classes of gaming and outlines the rules for each class. Class I gaming includes traditional Native American games such as tribal ceremonies and social gaming. Class II gaming includes games of chance such as bingo and non-banked card games played solely between players. Class III gaming includes all other forms of gaming that are not included in Class I and II, such as slot machines, table games, and sports betting.

The IGRA also sets out the requirements for tribes to be eligible for gaming on their lands. Tribes must have a historical connection to the land and be recognized by the federal government as a sovereign entity. Furthermore, tribes must negotiate a gaming compact with the state in which the land is located to establish rules for the operation of the casino, including the sharing of revenue generated by the casino.

1.2 The Role of the National Indian Gaming Commission (NIGC)

The National Indian Gaming Commission is the federal agency responsible for regulating Native American gaming. The commission is responsible for issuing gaming licenses, collecting revenue from casinos, and enforcing the rules set out in the IGRA. The commission also provides technical assistance to tribal governments to help them establish and regulate their gaming enterprises.

2. Obtaining Permission to Open a Casino

Obtaining permission to open a casino on Native American land is a complex and time-consuming process. Tribes must provide detailed evidence of their historical connection to the land, including proof of ancestral ties and cultural significance, and outline their plans for operating the casino in a manner consistent with the IGRA. Furthermore, tribes must negotiate a gaming compact with the state in which the land is located to establish rules for the operation of the casino, including the sharing of revenue generated by the casino.

2.1 Evidence of Historical Connection to the Land

To be eligible for gaming on their lands, tribes must demonstrate a historical connection to the land. Tribes must provide evidence of ancestral ties to the land, such as historical treaties or other legal agreements, and provide documentation of the cultural significance of the land to their tribe. This evidence is then reviewed by the NIGC to determine the eligibility of the tribe for gaming on their land.

2.2 Negotiating a Gaming Compact with the State

To establish rules for the operation of the casino and to ensure the revenue generated by the casino is shared with the state, tribes must negotiate a gaming compact with the state in which the land is located. These compacts outline the rules for the operation of the casino, including the types of games allowed and the revenue sharing arrangement between the tribe and the state.

2.3 The Role of the National Indian Gaming Commission (NIGC)

The National Indian Gaming Commission is responsible for reviewing applications for gaming on Native American lands and determining the eligibility of the tribe for gaming on their land. The commission also has the authority to revoke a gaming license if a tribe is found to be in violation of the IGRA or the terms of their gaming compact with the state. Furthermore, the commission works closely with tribal governments to provide technical assistance and ensure the proper regulation of their gaming enterprises.

The editor says: Obtaining permission to open a casino on Native American land is a rigorous process that requires tribes to demonstrate their historical connection to the land and negotiate a gaming compact with the state in which the land is located. The National Indian Gaming Commission plays a significant role in regulating Native American gaming and empowering tribes to generate revenue for their communities.


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