The Indian Gaming Regulatory Act (IGRA) created three classes of gaming, set forth at 25 U.S.C. § 2703. If the requirements of IGRA and NIGC regulations are met, Class II gaming may be conducted by a tribe if it is located within a state that permits such gaming for any purpose by any person, organization or entity and such gaming is not otherwise specifically prohibited on Indian lands by Federal law. 25 U.S.C. § 2710(b)(1)(A). In addition to meeting IGRA and NIGC requirements, tribes offering Class III gaming must have a valid Tribal-state compact approved by the Secretary of the Interior. Below are the advisory opinions issued by the NIGC’s Office of General Counsel on whether certain games fall within the definition of Class II or Class III games.
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