In 1987, the Supreme Court ruled in California vs.
Cabazon Band of Mission Indians that tribal governments had the rights to
establish gaming operations independent of state regulation. The very next
year, Congress passed the Indian Gaming Regulatory Act, which worked towards
developing a manageable framework for Indian Gaming.
While authority over Class II gaming was left to the
tribes, Class III gaming required a compact between the tribe and the state. In
Oklahoma, the Indian tribes regulate both Class II and Class III, although they
are still subject to the provisions set out in the IGRA.
So what’s the difference between Class II and Class
III? Class II games are generally defined as bingo, lotto, pull tab, and punch
board games. Class III includes electronic bingo games, non-house banked card
games, and electronic amusement games.
This legal decision was very important and had an
immediate impact on the Indian tribes throughout the Unites States. One of the
states where it made the biggest impact was in Oklahoma. From Bristow to
Stringtown, Lone Grove to Seminole, tribal leaders began developing strategies
to make use of this ruling for the betterment of their people.
Under this federal law, gambling can only be conducted
on “Indian Land.” According to federal law, “Indian Land”
is defined as:
- Land which is a part of a federally-recognized
Indian reservation, or
- Not located on a reservation, but held in trust by
the federal government for an Indian tribe.
In Oklahoma, these gaming compacts are in effect until
their date on January 1st, 2020. If, however, the tribes and state both agreed
to do so, the compact could be terminated at any time before then.
As
for the proceeds collected from these gambling operations, the IGRA requires
the net revenues to be used for the following purposes:
- To help fund operations of local government
agencies.
- To donate to charitable organizations.
- To promote economic development within the tribe.
- To provide for the welfare of the Indian tribe and
its members.
- To fund tribal government operations.
The tribe can also distribute net revenue to members of
the tribe in the form of a per capita payment. To do so, the tribe must have a
RAP (Revenue Allocation Plan), which must be approved by the Secretary of the
Interior.
According to the Federal Register, the following 32 tribes
have entered into gaming compacts with the State of Oklahoma: Absentee Shawnee
Tribe, Apache Tribe, Caddo Nation of Oklahoma, Citizen Potawatomi Nation,
Cherokee Nation of Oklahoma, Cheyenne-Arapaho Tribes, Chickasaw Nation, Choctaw
Nation, Comanche Nation, Delaware Nation, Eastern Shawnee Tribe, Iowa Tribe of
Oklahoma, Kaw Nation of Oklahoma, Kickapoo Tribe of Oklahoma, Kiowa Tribe of
Oklahoma, Miami Nation, Modoc Tribe of Oklahoma, Muscogee (Creek) Nation, Osage
Nation, Otoe-Missouria Tribe, Ottawa Tribe, Pawnee Nation of Oklahoma, Peoria
Tribe of Oklahoma, Ponca Tribe of Oklahoma, Quapaw Tribe of Oklahoma, Sac &
Fox Nation, Seminole Nation, Seneca-Cayuga Tribes of Oklahoma, Thlopthlocco
Tribal Town, Tonkawa Tribe, Wichita and Affiliated Tribes, and the Wyandotte
Nation.
Bristow, OK Bingo
Stringtown,
Oklahoma Bingo
Lone Grove,
OK Bingo
Article written by Shane Rivers
Article Source:
http://EzineArticles.com/?expert=Shane_Rivers
