Historic Move: US Department of the Interior Empowers Five California Tribes with Gaming Oversight
In a groundbreaking development on January 31, 2024, the United States Department of the Interior granted unprecedented autonomy to five tribes in California, enabling them to regulate their own Class III gaming operations. This landmark decision marks a significant pivot in the realm of tribal gaming under the Federal Indian Gaming Regulatory Act (IGRA), with the National Indian Gaming Commission (NIGC) overseeing operations but effectively sidelining the state of California from any regulatory role. The tribes benefiting from this historic decision include the Blue Lake Rancheria, Chemehuevi Indian Tribe, Chicken Ranch Rancheria, Hopland Band of Pomo Indians, and Robinson Rancheria.
This move follows a pivotal July 2022 decision by the Ninth Circuit Court of Appeals, which found that California had engaged in bad faith negotiations with several tribes under the IGRA. Similarly, at the end of 2022, the Rincon Band of Luiseño Indians made headlines by withdrawing from state oversight and choosing to rely exclusively on the NIGC for regulatory oversight, a step now followed by the five tribes.
The issued procedures are identical for each tribe and are designed to remain effective indefinitely, subject to revocation only by mutual consent of the tribe and the Secretary of the Interior, or if the tribe decides to revoke its authority to conduct Class III gaming. This arrangement grants each tribe the liberty to operate as many Gaming Facilities and Gaming Devices as deemed suitable for their market conditions and economic needs.
This development is poised to have far-reaching implications, not just in California but across the United States, where states and tribes are navigating the compact process pursuant to the IGRA. It underscores a significant shift towards greater tribal autonomy in gaming operations, setting a precedent that might influence future negotiations and compacts between states and tribes.
The Department of the Interior’s decision is hailed as a monumental step for tribal sovereignty, ensuring that these five tribes can chart their own course in the gaming domain, free from the regulatory constraints traditionally imposed by state authorities. As the landscape of tribal gaming continues to evolve, this move could prove transformative, heralding a new era of self-determined regulatory practices within the tribal gaming sector.
Analyst comment
Positive news: The US Department of the Interior has granted autonomy to five California tribes for gaming oversight, allowing them to regulate their Class III gaming operations. This landmark decision empowers the tribes and sets a precedent for greater tribal autonomy nationwide. The market is expected to see increased regulatory practices within the tribal gaming sector as a result.
