Legislative Issues Federal StateLegislative Issues Federal State
Class II Gaming Redux
[ July 16, 2008 ]
Class_II_Gaming_Redux.pdf
Proposed Rule BIA Class III Tribal State Gaming Compact Process-Comment period ends on Sept. 2, 2008
[ July 16, 2008 ]
The Bureau of Indian Affairs (BIA) proposes to establish
procedures for Indian tribes and States to submit Tribal-State compacts
and compact amendments, governing the conduct of class III gaming
activities on the tribe's Indian lands located within that State, for
review and approval by the Secretary of the Interior.
Prop_Class_III_Tribal_State_Compact_Process.pdf
NIGC Sets Aside Class II Classification, Definition Regulations
[ June 5, 2008 ]
Oklahoma City, OK June 5, 2008 —National Indian Gaming Commission (NIGC) Chairman Philip N. Hogen announced today that NIGC is putting aside what have become the more controversial portions of the four-part package of Class II gaming regulations proposed October 2007. Speaking at the Oklahoma Sovereignty Symposium in Oklahoma City, Hogen explained that the package was intended to draw a “bright line” between equipment tribes may use for uncompacted “Class II” gaming, such as bingo, and equipment used for “Class III” gaming, such as slot machines, which requires Tribal compacts with States. The NIGC, Hogen said, will now consider only Technical Standards and Minimum Internal Control Standards for Class II gaming and will put aside the controversial proposals that would create a system for game classification as well as modify the definition of “facsimiles of any game of chance.”
Due to their potential economic impact, the proposed regulations are considered “major rules,” and therefore require a cost-benefit study, Hogen told attendees. This study is being prepared as to each of the four originally proposed regulations, with results expected by next month. At that point, the Commission may take action to finalize its proposals regarding the Technical and Minimum Internal Control Standards, he said.
Hogen also announced that the issue of what constitutes a Class II game continues to be before the Commission. The Metlakatla Indian Community of Metlakatla, Alaska, recently submitted an amendment to its Tribal Gaming Ordinance authorizing “onetouch” fully electronic bingo as Class II gaming. Hogen said that he had disapproved the amendment, finding that when bingo is played in a manner that permits a player to once push a button and do nothing else, that game no longer constitutes “bingo” or a “game similar to bingo” under IGRA and is a Class III electronic facsimile of a game of chance.
Hogen stated that the Tribe would now have the right to appeal his decision to the full Commission, and, if affirmed, to federal court. Taken together, Hogen explained, the Commission’s focus on technical standards and minimum internal controls, and the possibility of further judicial clarification of games that tribes may use in the absence of Tribal-State compacts, would help achieve long-sought clarity, sooner, rather than later.
Chairman Hogen’s disapproval letter can be found on the NIGC website at www.nigc.gov
The NIGC is an independent regulatory agency established within the Department of the Interior pursuant to the Indian Gaming Regulatory Act of 1988.
Section 20 Update
[ May 20, 2008 ] DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 292
RIN: 1076-AE81
Gaming on Trust Lands Acquired After October 17, 1988
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Final Rule
SUMMARY: The Bureau of Indian Affairs (BIA) is publishing regulations
implementing section 2719 of the Indian Gaming Regulatory Act (IGRA). IGRA allows Indian tribes to conduct class II and class III gaming activities on land acquired after October 17, 1988, only if the land meets certain exceptions. This rule articulates standards that the BIA will follow in interpreting the various exceptions to the gaming prohibitions contained in section 2719 of IGRA. It also establishes a process for submitting and considering applications from Indian tribes seeking to conduct class II or class III gaming activities on lands acquired in trust after October 17, 1988
OIGA Comments on Regulations
[ April 11, 2008 ]
OIGA Comments on Regulations
1. Introduction letter
2. Red Paper
Casino Management Should Be Wary of Employer Penalties Under the NLRB
[ April 11, 2008 ]Until the dust settles on the issue of the United States National Labor Relations Board (the “NLRB”) taking jurisdiction over tribal casinos on Indian country, casino management should use caution regarding union activities which will be new to Oklahoma Indian gaming. Part of the power of the NLRB is to penalize employers found to have violated the federal National Labor Relations Act (the “NLRA”).
OIGA Economic Impact Letter
[ March 10, 2008 ]
OIGA economic impact letter 03-07-2008
Ou Letter
Class II Economic Impact Study
[ February 5, 2008 ] [Document]
Analysis of NIGC Proposed Classification Standards - Ogas
[ January 14, 2008 ] [Document]
Boren - Hogan Letter December 20th, 2007
[ January 14, 2008 ] [Document]
Hogan Letter - Proposed Class II Rules - 12/20/2007
[ January 14, 2008 ] [Document]
Advisory Committee Meeting - 1/9/2008
[ January 14, 2008 ] [Document]
Cole - Boren to Hogen Letter - 12/20/2007
[ January 14, 2008 ] [Document]
MASHANTUCKET PEQUOT TRIBAL LAWS
[ January 14, 2008 ] [Document]
LABOR UNIONS ON THE HORIZON
[ January 14, 2008 ] [Document]
Tribal-State Compact Focus of Legal Attention
[ January 14, 2008 ] [Document]
THE POTENTIAL ECONOMIC IMPACT OF PROPOSED CHANGES TO THE CLASS II GAMING REGULATIONS
[ January 1, 2006 ]Submitted to the National Indian Gaming Commission (NIGC) by Alan Meister, Phd. (Analysis Group Inc., 601 S. Figueroa Street Suite 1300, Los Ageles, CA 70017, 213-896-4500 office, 213-623-4112, ameister@analysisgroup.com ). Click here to view/download the entire document. [Document]
S 2078 FINAL REPORT
[ January 1, 2006 ]The Committee on Indian Affairs, to which was referred the bill, S.2078, to amend the Indian Gaming Regulatory Act of 1988 to include provisions clarifying the authority of the National Indian Gaming Commission to regulate Class III gaming, to limit the lands eligible for gaming, and for other purposes, having considered the same, reports favorably thereon with a substitute amendment and recommends that the bill as amended do pass. Click here to view/download the 79 page PDF document. [Document]
POMBO INTRODUCES BILL TO END OFF-RESERVATION INDIAN GAMING
[ January 1, 2006 ]Click here to view/download the details of this news release. [Document]
NIGC - SUMMARY OF MICS RULE REVISIONS
[ January 1, 2006 ]Click here to view/download the National Indian Gaming Commission (NIGC) Summary of the MICS rule revisions. [Document]
MICS UPDATED AS OF AUGUST 12, 2005
[ January 1, 2006 ]Click here to view/download the National Indian Gaming Commission (NIGC) "Minimum Internal Control Standards (MICS - 25 CFR Part 542) [Document]
JOHNSON ACT - PROPOSED AMENDMENTS
[ January 1, 2006 ]Click here to view/download the "Current statute with proposed amendment in bold text." ............... [Document]
OKLAHOMA INDIAN GAMING ASSOCIATION
[ January 1, 2006 ]SAMPLE OKLAHOMA TRIBAL COMMISION UNIFORM TECHNICAL STANDARDS UNDER THE TRIBAL-OKLAHOMA GAMING COMPACT (70 pages) Latest draft as of 4/21/2005 [Document]