Mattox Opinion No. The federal statute divides gaming into three classes, and bingo is categorized as class II gaming. Class II gaming on Indian lands is under the jurisdiction of the tribes, but subject to the provisions of the Indian Gaming Regulatory Commission.
States have no authority to regulate bingo on Indian lands.
446, 100th Cong., 2d Sess. The only situation in which a state may play a role in the regulation of gaming on Indian lands is where a tribe and a state enter into a compact regarding the conduct of class III gaming on Indian lands. Therefore, your office may not regulate bingo on Indian lands in Texas. Your first question is whether certain land deeded to the United States Department of the Interior for the benefit of the Texas Band of Kickapoo Indians is in fact Indian land. Provided, however, That the Secretary is only authorized to exercise his authority under section 465 of this title with respect to lands located in Maverick County, Texas.