A non-tribal casino is a casino that is not run by a Native American tribe. A common, but incorrect, definition of a non-tribal casino is “a place where Native Americans gamble.” This definition suggests that Native Americans can only gamble at tribal casinos, which is not true in states like California and Connecticut, where there are Indian tribes but no tribal casinos.
Tribal land that houses Indian casinos is considered sovereign by the US Interior Department. Indian reservation casinos are located on lands designated by the government for specific Native American tribes.
Indian casinos are regulated by the National Indian Gaming Commission and the governments of their respective tribal communities. Games are often operated by commercial operators, such as Caesars or MGM, but occasionally, tribal operators, such as Mohegan Sun or the Seminoles, who manage much of the property at Hard Rock casino. The type of games offered at Indian casinos depends on the establishment and the tribal-state gambling compact.
Tribes can offer the same games as for-profit casinos if the state allows it. The type of gambling the tribe wants to offer must already be legal in the state. If there is no tribally-operated gambling, tribes can only negotiate to have third-class games already approved by the state in non-tribal casinos.
A non-tribal casino may open if a federally recognized tribe opens a Class II casino or negotiates a Class III tribal-state compact. A tribe is more likely to negotiate a tribal-state compact if the state allows casino gambling and has a federally recognized tribe. If the tribe wants to offer Class III gambling, it must negotiate a compact with the state government regarding the location of the casino.
The Indian Gaming Regulatory Act of 1988, signed by President Ronald Reagan, allows tribes to form compacts with their state governments to determine what types of casino games they will offer. The act protects the interests of tribes and regulates the industry, which was mostly unregulated prior to the act. The Indian Gambling Regulatory Act requires tribes to consult with the state before offering casino games.
Tribal gaming refers to casinos built on sovereign lands controlled by Native American tribes. Tribal casinos and horse racing tracks remain open due to sovereignty by Native American tribes and are built on reservations. Existing non-tribal casinos may have opposed these casinos or defended against the state’s income tax from gambling revenues.
