207. Indian Gaming Regulatory Act, October 17, 1988
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322 least the same quantity and quality of services that would have been provided under such program at the level of funding provided under this part prior to the retrocession. (g) No Termination for Administrative Convenience.—Grants provided under this Act may not be terminated, modified, suspended , or reduced only for the convenience of the administering agency. . . . [U.S. Statutes at Large, 102:385–87.] 206. Tribal Self-Governance Demonstration Project October 5,1988 Moving beyond specific contracts between the tribes and the secretary of the interior, Congress authorized a five-year research and demonstration project, whereby a limited number of tribes could plan and administer programs and services, including redesign of programs and reallocation of funds. With the success of the project, Congress in 1994 enacted permanent legislation to provide for tribal self-governance. See Document 229 below, which gives details of the program. An Act entitled the “Indian Self-Determination Amendments of 1987.” . . . . sec. 209. tribal self-governance demonstration project. The Indian Self-Determination and Education Assistance Act is further amended by adding a new title III, as follows: “TITLE III—TRIBAL SELF-GOVERNANCE DEMONSTRATION PROJECT “Sec. 301. The Secretary of the Interior shall, for a period not to exceed five years following enactment of this title, conduct a research and demonstration project to be known as the Tribal Self-Governance Project according to the provisions of this title. “Sec. 302. (a) The Secretary shall select twenty tribes to participate in the demonstration project. . . . “Sec. 303. (a) The Secretary is directed to negotiate, and to enter into, an annual written funding agreement with the governing body of a participating tribal government .” . . . sec. 210. savings provisions. Nothing in this Act shall be construed as— (1) affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination of any existing trust responsibility of the United States with respect to Indian people. . . . [U.S. Statutes at Large, 102:2296–98.] 207. Indian Gaming Regulatory Act October 17, 1988 Many Indian tribes have found that sizable incomes can be obtained from bingo, for such gaming on Indian reservations is not subject to state regulations. But as the size of the operations increased and as fears developed that organized crime might be attracted, more detailed federal regulations were called for. Congress responded with this act. An Act to regulate gaming on Indian lands. findings Sec. 2. The Congress finds that— (1) numerous Indian tribes have become engaged in or have licensed gaming activities on Indian lands as a means of generating tribal governmental revenue; 323 (2) Federal courts have held that section 2103 of the Revised Statutes (25 U.S.C. 81) requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts; (3) existing Federal law does not provide clear standards or regulations for the conduct of gaming on Indian lands; (4) a principal goal of Federal Indian policy is to promote tribal economic development, tribal self-sufficiency, and strong tribal government; and (5) 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. declaration of policy Sec. 3. The purpose of this Act is— (1) to provide a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments; (2) to provide a statutory basis for the regulation of gaming by an Indian tribe adequate to shield it from organized crime and other corrupting influences, to ensure that the Indian tribe is the primary beneficiary of the gaming operation, and to assure that gaming is conducted fairly and honestly by both the operator and the players; and (3) to declare that the establishment of independent Federal regulatory authority for gaming on Indian lands, the establishment of Federal standards for gaming on Indian lands, and the establishment of a National Indian Gaming Commission are necessary to meet congressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue. definitions Sec. 4. For purposes of this Act— . . . . (4) The term “Indian lands” means— (A) all lands within the limits of any Indian reservation; and (B) any lands title to which is...


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