Implementation of Indian Gaming Regulatory Act: Oversight Hearing Before the Subcommittee on Native American Affairs of the Committee on Natural Resources, House of Representatives, One Hundred Third Congress, First Session, on Implementation of Public Law 100-497, the Indian Gaming Regulatory Act of 1988, Parte2U.S. Government Printing Office, 1994 |
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Página 64 - The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States : Fixing the standard of weights and measures throughout the United States : Regulating the trade and managing all affairs with the Indians...
Página 5 - Commission; (2) located in a State that permits such gaming for any purpose by any person, organization, or entity; and (3) "conducted in I.
Página 8 - ... the tribal governing body on a monthly basis; (2) for access to the daily operations of the gaming to appropriate tribal officials who shall also have a right to verify the daily gross revenues and income made from any such tribal gaming activity; (3) for a minimum guaranteed payment to the Indian tribe that has preference over the retirement of development and construction costs; (4) for an agreed ceiling for...
Página 66 - The regulation of commerce with the Indian tribes is very properly unfettered from two limitations in the articles of Confederation, which render the provision obscure and contradictory. The power is there restrained to Indians, not members of any of the States, and is not to violate or infringe the legislative right of any State within its own limits. What description of Indians are to be deemed members of a State, is not yet settled, and has been a question of frequent perplexity and...
Página 78 - Indian tribes have the exclusive right to regulate gaming activity on Indian lands if the gaming activity is not specifically prohibited by federal law and is conducted within a State which does not, as a matter of criminal law and public policy, prohibit such gaming activity.
Página 140 - Chevron [USA, Inc. v. Natural Resources Defense Council, Inc.], 467 US 837, 842-43, 104 S. Ct. at 2781-82. If Congress has not addressed directly the precise question at issue...
Página 124 - Class I Gaming* means either social games played solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as part of, or in connection with. Tribal ceremonies or celebrations.
Página 141 - Notwithstanding any other provision of this paragraph, the term "class II gaming" includes those card games played in the State of Michigan, the State of North Dakota, the State of South Dakota, or the State of Washington, that were actually operated in such State by an Indian tribe on or before May 1, 1988, but only to the extent of the nature and scope of the card games that were actually operated by an Indian tribe in such State on or before such date, as determined by the Chairman. (D) Notwithstanding...
Página 6 - ... will be in the best interest of the tribe and its members, and would not be detrimental to the surrounding community, but: (2) Only if the Governor of the State in which the gaining activities are to occur concurs in the Secretary's determination.
Página 24 - ... and Pub. L. 280 does not authorize its enforcement on an Indian reservation. The shorthand test is whether the conduct at issue violates the State's public policy.