Senate Agrees to Overhaul Nation's Indian Gaming Policy

By Shafroth, Frank | Nation's Cities Weekly, August 14, 1995 | Go to article overview

Senate Agrees to Overhaul Nation's Indian Gaming Policy


Shafroth, Frank, Nation's Cities Weekly


Indian tribal gaming issues are important to cities and towns due to problems associated with the tax status of the reservations, the cost to local governments for service delivery to the reservations, and issues related to Tribal immunity from all local control.

The Senate Indian Affairs Committee gave voice approval and sent to the full Senate a bill to overhaul federal oversight of Indian gaming. The new bill, S 487, would revise the Indian Gaming Regulatory Act (IGRA) to preempt some state authority to ensure that such gaming is consistent with gaming activities permitted in cities and towns in non-reservation areas. The bill leaves open the possibility of a National Indian Lottery.

As adopted, the bill would force states to negotiate gaming compacts with Indian tribal nations for gaming that they oppose in their respective states. The committee did, however, revise its bill to drop a provision which would have removed gubernatorial authority to concur in tribal requests to acquire land in trust for gaming purposes.

Indian tribal gaming issues are important to cities and towns due to problems associated with the tax status of the reservations, the cost to local governments for service delivery to the reservations, and issues related to Tribal immunity from all local control.

The Indian Gaming Regulatory Act of 1988 (IGRA) was enacted to provide a legal framework for the establishment and operation of gaming on Native American Lands. The implementation of IGRA has resulted in many problems between cities, states, and tribes with regard to the scope of gaming activities, types of games, land taken into trust and utilized to house gaming operations, and negotiation procedures under State-Tribal compacts.

The implementation of the IGRA act has a direct impact on contiguous and non-contiguous cities, towns and communities. The act was designed to promote sovereignty of Native Americans and tribal economic sufficiency. The results of the act appear to have stimulated economic growth of the surrounding communities and businesses; however, state municipal leagues have indicated negative implications adversely impacting local economies and communities.

The top issue that involves cities directly:

Tax status of lands taken into trust engaging in casino operations. These operations have created a lot of tourist traffic, which demands additional local services. Indian lands taken into trust are exempt from local taxes. The proliferation of these acquired lands has the potential of straining the local tax revenue base and overall hurting local economies.

IGRA was enacted following five years of legislative deliberation and a decade or more of litigation restricting state regulation of gaming on tribal lands. A flood of litigation has surrounded the implementation of IGRA, especially given the extraordinary revenues it has raised.

The nation's governors oppose S 487. They continue to believe that setting and enforcing public policy concerning gambling is a state - not a federal - responsibility, especially as it affects their states and local communities. Native Americans resist further limits on tribal sovereignty resulting from requirements to conform to state policy, which is implied in various features of the act, and strongly rely on IGRA's potential for promoting tribal economic sufficiency and strong tribal government.

Indian gaming has generated an estimated $5 billion to $6 billion nationally to fund tribal government operations, tribal economic development, and charitable donations. As of last year, 103 tribal-state compacts involving 19 states and 86 tribes have been approved. The progress in implementing IGRA has occurred primarily through cooperation between tribes and states or, in some situations, through court decisions in litigation. The federal role in exercising its own administrative responsibilities and in facilitating an orderly development of regulatory mechanisms for Class III gaming has been somewhat limited. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Senate Agrees to Overhaul Nation's Indian Gaming Policy
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.