Texas Attorney General Opinion: JM-1040 Page: 3 of 8
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Honorable Bob Bullock - Page 3
a particular piece of land to be held in trust for certain
Indians would have to be made in the courts. See, e.g.,
State of Florida Dep't of Business Recrulation v. United
States Dep't of Interior, 768 F.2d 1248 (11th Cir. 1985),
cert. denied, 475 U.S. 1011 (1986) (challenge by various
state agencies to Secretary of Interior's acceptance of
tract of land to be held in trust for benefit of Seminole
Indian Tribe of Florida). In the absence of a judicial
determination about the land in question, we advise you that
the determination of the Department of the Interior as to
what land is Indian land should be observed.
You also ask:
Assuming that the Tribe enters into an
agreement whereby another entity agrees to
manage and operate the conduct of bingo on
the Tribe's trust land, must such an agree-
ment meet all requirements of Section 12 of
IGRA [25 U.S.C. 2711]?
An Indian tribe may enter into a management contract for the
operation and management of a class II gaming activity. 25
U.S.C. 2511. Such a contract is subject to the approval
of the chairman of the National Indian Gaming Commission.
Zt_ It is the responsibility of the chairman of the
National Indian Gaming Commission to determine that the
contract meets the requirements of the federal statute.
Your office has no responsibility for or authority to
approve, disapprove, or oversee such contracts.
You next ask:
Under the terms of a management contract
entered into between the Tribe and a
management contractor, the contractor would
assume responsibility for managing and
operating the bingo games conducted on the
Tribe's trust lands. In light of the fact
that the Tribe is, in such circumstances, no
longer the entity operating the bingo games,
my third question is whether bingo games
conducted by the management contractor acting
pursuant to such a contract are subject to
the Texas Bingo Enabling Act?
Again, under the Indian Gaming Regulatory Act, a state
has no authority to regulate class II gaming on Indian
lands, regardless of whether the games are conducted by thep. 5396
(JM-1040)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1040, text, April 12, 1989; (https://texashistory.unt.edu/ark:/67531/metapth273478/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.