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THE INDEPENDENT TRIBAL GAMING COMMISSION

THE INDEPENDENT TRIBAL GAMING COMMISSION. Gaming Regulatory Consultants. Indian Gaming Regulatory Act (IGRA). Enacted in 1988 Requires a Compact with the State for regulation of Class III gaming Establishes Indian Tribes as the primary regulators of Indian gaming

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THE INDEPENDENT TRIBAL GAMING COMMISSION

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  1. THE INDEPENDENT TRIBALGAMING COMMISSION Gaming Regulatory Consultants Gaming Regulatory Consultants

  2. Indian Gaming Regulatory Act (IGRA) • Enacted in 1988 • Requires a Compact with the State for regulation of Class III gaming • Establishes Indian Tribes as the primary regulators of Indian gaming • Requires that gaming revenues be used for purposes related to Tribal member services Gaming Regulatory Consultants

  3. Department of InteriorBureau of Indian Affairs • Recognition of Indian Tribes • Place land into trust for Tribal benefit (Note IGRA prohibits gaming on land taken into trust after 1988 subject to certain exceptions) • Approves Tribal-State Compacts • Approves Revenue Allocation Plans (RAPs) distribution plans. Gaming Regulatory Consultants

  4. National Indian Gaming Commission (NIGC) • Established by IGRA as an independent federal regulatory agency • Oversees both Class II and III gaming (Recent Colorado River Indian Tribe (CRIT) decision questions NIGC Class III authority) Gaming Regulatory Consultants

  5. Other Federal Agencies • Department of Justice • FBI investigates criminal activity on Indian Land, including crimes related to gaming • Indian Gaming Working Group: joint effort with NIGC to coordinate resources • Department of Treasury • FinCEN: Bank Secrecy Act money-laundering controls (CRTs and SARs) • IRS: federal tax compliance issues Gaming Regulatory Consultants

  6. Tribal-State Gaming Compacts • Required for Class III gaming • Negotiated between state and tribal government • Approved by the Secretary of the Interior • “May” include provisions that address: • Operating and facility maintenance standards, including licensing • “any other subjects that are directly related to the operation of gaming activities” Gaming Regulatory Consultants

  7. Tribal Gaming Ordinance • The Tribe has the sole proprietary interest in and responsibility for the conduct of any gaming operation on tribal lands • The regulation of gaming is vested in the Tribal Gaming Commission Gaming Regulatory Consultants

  8. Tribal Government Gaming Regulatory Consultants

  9. Commission Responsibility • Tribe: asset protection • Public: integrity of gaming • State/Federal governments: uphold laws Gaming Regulatory Consultants

  10. Commission Functions • Legislate: promulgate rules • Enforce: compliance with laws & rules • Adjudicate: hear disciplinary actions Gaming Regulatory Consultants

  11. Elements of Independence • Independent Powers & Duties (Authority) • Vested regulatory authority • Specified enforcement powers • Qualifications of Commissioners (Expertise) • Not associated with elected officials or gaming operator • Required to meet suitability requirements • Terms of Office/Compensation (Impartial) • Staggered terms • Removal only for proven misconduct • Adequate salaries not based on gaming revenue percentage Gaming Regulatory Consultants

  12. Tribal Gaming Commission Structure Gaming Regulatory Consultants

  13. Budget • Separate from other agencies • Based on duties and responsibilities • Recognizes need to develop expertise • Insulated from political influence/reprisal Gaming Regulatory Consultants

  14. Pitfalls • Meddling in Tribal Politics • Intervening on behalf of relatives/friends • Abuse of power • Failure to act responsibly Gaming Regulatory Consultants

  15. Good Regulation = Positive Image • "I do not believe that self-regulation without oversight is real regulation," – Senator John McCain, Senate Committee on Indian Affairs • “This tribe's philosophy is that it is just good business to have good regulation and checks and balances,” . – Norm DesRosiers, NIGC Commissioner; former Viejas Gaming Commissioner Gaming Regulatory Consultants

  16. Contact Information • Tom Nelson • (719) 440-6611 • tnelson@grcgaming.com • Pat Leen • (517) 256-8619 • pleen@grcgaming.com Gaming Regulatory Consultants

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