Common Sense Indian Gambling Reform Act of 2008 - Amends the Indian Gaming Regulatory Act to revise requirements for the exemption of Indian land from gaming prohibitions.
Requires: (1) the governor and the legislative body of the state in which a gaming activity is proposed to concur with the Secretary of the Interior's determination that the activity would be in the best interest of the tribe and not have a negative impact; and (2) the land to be land within a state in which the tribe is primarily located and land on which the primary geographic, social, and historical nexus is located.
Adds as conditions for class II or class III gaming that it be conducted on: (1) lands that were Indian lands before enactment of this Act; or (2) land taken into trust for an Indian tribe after enactment, but only if the application requesting that the land be taken into trust stated the tribe's intent to conduct such gaming activities on the land.
Authorizes the Chairman of the National Indian Gaming Commission to: (1) approve the involvement in a gaming activity of any one of the ten persons or entities that have the highest financial interest in the activity; (2) investigate gaming activities and conduct background investigations of such persons or entities; and (3) audit and inspect class III gaming on Indian lands. Requires tribal ordinances to provide the Commission will conduct background investigations on tribal gaming commissioners, key tribal gaming employees, primary management officials, and key employees of the gaming enterprise.
Revises the cap on the total fees to be paid to the Commission during any fiscal year by gaming operations conducting regulated class II and III gaming activities.
Requires Indian tribes, before using lands for class II or III gaming, to: (1) submit to the Secretary an environmental impact statement; and (2) obtain the Secretary's consent with respect to the change in use of the lands.