§ 293.23 What factors will be used to determine whether provisions in a compact or amendment are directly related to the operation of gaming activities?

(a) The parties must show that these provisions described in § 293.22 are directly connected to the Tribe's conduct of class III gaming activities. Examples include, but are not limited to: (1) Minimum age for patrons to participate in gaming; (2) Transportation of gaming devices and equipment; or (3) Exclusion of patrons. (b) Mutually beneficial proximity, or even co-management alone is insufficient to establish a “direct connection” between the Tribe's class III gaming and adjacent business or amenities. Additionally, Tribal infrastructure projects or economic development activities that are funded by gaming revenue and may service or otherwise provide a benefit to the gaming activity are not directly related to the conduct of gaming without other evidence of a direct connection. (c) Provisions which are not directly related to the operation of gaming activities include, but are not limited to: (1) Expressly limiting third party Tribes' rights to conduct gaming activities under IGRA; (2) Relating to treaty rights; (3) Relating to tobacco sales; (4) Requiring compliance with or adoption of State environmental regulation of projects or activities that are not directly related to the Tribe's operation of gaming activities and maintenance of the gaming facility; (5) Requiring memorandum of understanding, intergovernmental agreements, or similar agreements with local governments; (6) Requiring enforcement of State court orders garnishing employee wages or patron winnings; (7) Granting State court jurisdiction over tort claims arising from the Tribe's conduct of class III gaming activities; (8) Regulating non-gaming conduct not within gaming spaces or non-gaming Tribal economic activities, including activities in or adjacent to the gaming facility, including, but not limited to, restaurants, nightclubs, hotels, event centers, water parks, gas stations, and convenience stores; or (9) Relating to the conduct of Tribal class I or class II gaming activities. (d) The inclusion of provisions for which the parties cannot show a direct connection to the Tribe's conduct of class III gaming activities may be considered evidence of a violation of IGRA.