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Federal laws authorize and regulate, Tribal Gaming, Horse Racing and Internet Gaming as well as slot machines.
Cert. Petition: Upper Skagit Indian Tribe Sept 11, 2017
Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?
July 31, 2017: New NIGC Policy on NEPA Review of Management Contracts.
For a number of years, the NIGC has been pretty tortured about what to do with management company approvals. They typically do not require an EIS or an EA be prepared for a management contract proposal, but they have had a hard time formalizing a consistent policy. After a recent comment period and a number of tribal consultations in 2015, the NIGC formally announced today that management contracts that meet certain criteria do not have to go through a NEPA analysis. In other words, most management contracts are now eligible for a Categorical Exclusion (from NEPA analysis). This new policy, however, has an exception for “extraordinary circumstances.” If one of the extraordinary circumstances applies, then the Categorical Exclusion does not apply and the management contractor has to develop an EIS or an EA. One of the exceptions is when “[t]he proposed action/project has effects on the environment that involve risks that are highly uncertain, unique, or are scientifically controversial.” Another exception applies when “[t]he proposed action/project violates one or more federal, tribal, state, or local environmental laws, regulations, permit requirements, or Executive Order.” (See page 35544, Category 3-Management Contract, Extraordinary Circumstances, B&C)
Dec. 11, 2014: Memorandum - U.S. Dept. of Justice - Marijuana on Indian Lands
Cole Memo August 2013 2014 US. DOJ Policy
March 12, 2014: The Meaning of Under Federal Jurisdiction for Purposes of the Indian Reorganization Act
DOI Solicitor Hilary Tompkins issued an M-opinion on the Carcieri Decision. An M-Opinion is a legal opinion issued by the Department's Solicitor's office that institutionalizes the Department's position on a particular issue.
March 20, 2013: Solicitor Tompkins to Chairman Cromwell
Carcieri Review
Nov. 9, 2009: The President's Memorandum on new Indian Country policy
Congressman Kevin McCarthy "R" Bakersfield
Dear Colleague Letter urging support of a comprehensive reform of off reservation land acquisitions. Final letter includes a number of the California Congressional Delegation.
Sept. 24, 2009: Colorado Rep's Speak out on Off Reservation Gaming
Sept. 15, 2009: Letter from Key California and Nevada Senators
Senators Kly, Reid, Ensign, Feinstein and Boxer have all signed a letter regarding the need for greater oversight on the approval of off reservation casinos.
Jan. 2009: Memorandum of Agreement-Solicitor & NIGC
1988: The Indian Gaming Regulatory Act
Please see related items for the Legislative History of this federal statute.
Senate Report - IGRA Accompany S. 555
Senate Report Accompanying S. 555 the Indian Gaming Regulatory Act. August 3, 1988. No-100-446 by the Committee on Indian Affairs
May 20, 2005: US DOI to Governor Kulongoski, Oregon (Warms Springs Letter)
This provision of IGRA requires a Secretarial determination, following consultation with appropriate State and local officials, including officials of nearby tribes, that a gaming establishment on the newly-acquired trust lands is in the best interest of the Tribes and their members, and not detrimental to the surrounding community. After this determination is made, the Governor of the State must decide whether he will concur in the Secretary's determination, Therefore, approval of the Compact before the Cascade Locks Land is taken into trust would violate Section 2710(d)(8)(A) of IGRA, and thus, the Compact must be disapproved. We are aware that the Department has previously approved compacts for the
The Johnson Act
The regulation of gaming devices.
Unlawful Internet Gambling and Enforcement Act
Bans internet gaming and makes illegal the transfer of money for illegal gaming operations. Read Title 8 section 801-803.
Jan. 2009: Federal Regulations Internet Gambling
U.S. Senate to U.S. Treasury-Internet Gaming
"The extensive public comments received on this issue highlight the likelihood that riskaverse financial institutions will simply choose to block every transaction that may be interpreted or could resemble gambling, whether legal or not."