“Navigating the Legal Landscape: The Rise of Tribal-State Class III Gaming Compacts in California”

The Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701
et seq.,
(IGRA) equips the Secretary of the Interior (Secretary) with 45 days to assess and either approve or reject any Tribal-State compact governing the conduct of class III gaming activity on the Tribe’s Indian lands.
See25 U.S.C. 2710(d)(8). If the Secretary fails to act on a Tribal-State compact within the 45-day window, IGRA dictates that the Tribal-State compact is deemed to have been approved by the Secretary, but only if the compact aligns with IGRA.
See25 U.S.C. 2710(d)(8)(D). The IGRA also mandates the Secretary to publish a notice in the
Federal Register
of the authorized Tribal-State compacts for the purpose of participating in Class III gaming operations on Indian lands.
See25 U.S.C. 2710(d)(8)(D). The Department’s regulations at 25 CFR 293.4 necessitate that all compacts and modifications be reviewed and sanctioned by the Secretary prior to their implementation.

The Secretary did not take action on the Compacts between the State of California and the Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California; the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California, the La Posta Band of Diegueno Mission Indians of the La Posta Indian Reservation, California; the Table Mountain Rancheria; the Timbisha Shoshone Tribe; and the Tule River Indian Tribe of the Tule River Reservation, California, within the 45-day legal review timeframe. Consequently, the Compacts are regarded as having been authorized, but only insofar as they conform to IGRA.
See25 U.S.C. 2710(d)(8)(C).