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DOI Tribal Gaming Procedures An Uneasy Fit With IGRA

Law360, New York (July 14, 2016, 8:32 PM EDT) -- The U.S. Department of the Interior procedures that allow tribes to operate casinos without a state gaming compact in place could take on increased importance as states push for additional revenues, but courts must ultimately decide whether the rules thwart or fulfill the purpose of the Indian Gaming Regulatory Act.

The DOI has the power under IGRA to prescribe procedures for Indian gaming after a federal court has found that a state did not negotiate a tribal gaming compact in good faith, and the agency has also asserted — more tenuously — the right to set out procedures when states claim...

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