Senate honors tradition with Indian gaming hearing

FROM THE ARCHIVE

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WEDNESDAY, MARCH 26, 2003

Update: Due to a number of votes scheduled on the Senate floor today, the committee has canceled today's hearing. The Senate is taking up the 2004 budget resolution and hopes to have it passed this afternoon.

With media scrutiny mounting and tribal leaders struggling to respond, a Senate panel today holds an oversight hearing on the $12 billion Indian gaming industry.

The event is a tradition for the Senate Indian Affairs Committee, whose members are considered among the strongest tribal advocates. Each Congressional session, the lawmakers consider some of the toughest, and controversial, issues that will shape one of federal government's few successful Indian policies, one that has pulled Indian communities out of poverty, provided jobs and enabled tribal governments to become self-sustaining.

This year will be no different. Adequate regulation of nearly 300 tribal casinos all over the country and funding for the federal agency charged with that oversight are on today's agenda.

National Indian Gaming Commission (NIGC) officials say tough regulation is key to ensuring the success of tribal gaming. Phil Hogen, a former federal prosecutor, chairs the agency. His commissioners are Chuck Choney, a former FBI agent, and Nelson Westrin, a former state gaming regulator.

According to Hogen, the NIGC's job is to back up tribes, whom he considers "the first line of defense" in Indian Country. "We're there to look over your shoulder," he said at a tribal conference in February.

That vision comports with Indian views of the agency, which has been criticized for being slow to consult with tribes. Mark Van Norman, executive director of the National Indian Gaming Association (NIGA), which represents more than 150 gaming tribes, says the federal government's role is one of "secondary oversight."

Convincing the public is another story, based on media accounts. NIGC officials and tribal leaders have made repeated references to a recent TIME magazine report that questioned whether NIGC was doing its job, leaving tribes open to corruption, in-fighting and exploitation.

"Since I have been here in the NIGC, I am finding there is more good than bad," said Choney, referring to his old job as an investigator. "We're going to emphasize that."

To bolster federal oversight, the Bush administration lobbied successfully -- tribal leaders say behind the scenes -- for an increase in the NIGC's budget, from $8 million to $12 million. Tribal intervention, however, delayed the increase until fiscal year 2004. Congress also directed NIGC to engage in consultation on the changes.

Liz Homer, a former NIGC commissioner during the Clinton administration, told tribal leaders in Washington, D.C., last month to "pat yourselves on the back" for that "victory."

At today's hearing, NIGC officials won't be alone in the spotlight. With media accounts and a key Indian advocate pressuring tribes to be more open with their revenues and how they spend them, tribal leaders are also feeling squeezed -- unfairly, they say.

Sen. John McCain (R-Ariz.) hasn't made official proposals on the issue but has warned tribes that one way to respond to criticism is to be more "transparent." His comments, however, have been met with caution and the NIGA leadership doesn't feel being more open will help.

To that end, NIGA hopes to raise anywhere from $3 million to $5 million for a public relations campaign that emphasizes the good in Indian gaming. The organization will hold a meeting next month and a large focus will be on the media.

In response to these and other issues, Indian advocates are warning that critics may try to change the Indian Gaming Regulatory Act (IGRA) of 1988. Sen. Daniel Inouye (D-Hawaii), vice-chairman of the committee, said tribes shouldn't shy from the debate.

"Prepare your own list of amendments," he said recently. "For too long, Indians have been defensive. I believe in being offensive sometimes."

Today's hearing begins at 10 a.m. A live video feed of the hearing will be available at http://indian.senate.gov. An audio feed can be found at http://www.capitolhearings.org.

Relevant Links:
Senate Indian Affairs Committee - http://indian.senate.gov
National Indian Gaming Commission - http://www.nigc.gov
National Indian Gaming Association - http://www.indiangaming.org