The Department of the Interior has issued regulations regarding certain aspects of the Indian Gaming Regulatory Act. First, if a tribe choses to distribute per capita payments to its citizens, a tribe must have a Tribal Revenue Allocation Plan (RAP) approved by the Secretary of the Interior (Secretary) in accordance with 25 U.S.C. §§ 2710(b)(3) and 2710(d)(1)(A)(ii). See also 25 CFR part 290. Please see NIGC Bulletin No. 2005-01 for further information on appropriate uses of net gaming revenues.
Second, the Secretary must approve all Class III gaming compacts between states and Tribes. See 25 C.F.R. part 293. IGRA and DOI regulations also provide a process for tribes to apply to the Secretary for Class III gaming procedures if a state refuses to enter into compact negotiations with a tribe, or fails to negotiate good faith. 25 U.S.C. § 2710(d)(7)(b), and 25 CFR part 291.
Finally, the Secretary has promulgated regulations concerning several exceptions under which Class II or Class III gaming may occur on lands acquired by the United States in trust for an Indian tribe after October 17, 1988, if other applicable requirements of IGRA are met, 25 CFR part 292.
Although the NIGC did not promulgate these regulations, it is posting them on its website for informational purposes. Please contact the Office of Indian Gaming at the Department of the Interior at (202) 219-4066 for more information regarding these regulations.