Arthur Raymond Randolph

“ The Act treats each gaming class differently. "Class I gaming on Indian lands is within the exclusive jurisdiction of the Indian tribes," and is not subject to the Act. Id. § 2710 (a) (1) . As to class II gaming, the Commission and the tribes share regulatory authority: the tribes must enact a gaming ordinance applying the Act's minimum regulatory requirements; and the Commission's Chairman must approve the tribal ordinance before gaming may occur. ”

“ Contrast this provision with § 542.4 (c) of the regulations, which states that if a standard in the Commission's regulations is more stringent than a standard in a tribal-state compact, the Commission's regulation "shall prevail." 25 C.F.R. § 542.4 (c) . There are other indications that Congress intended to leave the regulation of class III gaming to the tribes and the states, including the fact that the Secretary of the Interior - rather than the Commission - approves (or disapproves) tribal-state compacts regulating class III gaming. ”

“ The declared policy is therefore not simply to shield Indian tribes "from organized crime and other corrupting influences" and "to assure that gaming is conducted fairly and honestly by both the operator and players," 25 U.S.C. § 2702 (2) , but to accomplish this through the "statutory basis for the regulation of gaming" provided in the Act, id. This leads us back to the opening question - what is the statutory basis empowering the Commission to regulate class III gaming operations? Finding none, we affirm. ”