Bringing Balance to Indian Gaming

Abstract

The national debate on Indian gaming focuses on the question of off-reservation gaming and other symptoms of an imbalance in the law and politics of Indian gaming. Reform of the law of Indian gaming should focus on the underlying structure of the law of Indian gaming rather than the symptoms.

This Article proposes to codify the revenue sharing agreements already implemented, assuming the tribe consents; mandate all future casino-style gaming compacts include revenue sharing; and codify the Secretarial procedures designed to reestablish the enforcement mechanism. This proposal would cement the on-the-ground reality of Indian gaming that tribes and states have relied upon since 1996. Too much is at stake to reopen the Act. Moreover, this proposal cuts to the heart of the imbalance in Indian gaming, not to the symptoms.