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The Chickasaw Nation of Oklahoma says the National Indian Gaming Commission doesn't have the authority to issue facility license regulations.
The regulations were
published in the
Federal Register on October 18. Gov. Bill Anoatubby said they violate the Indian Gaming Regulatory Act by forcing tribes to perform the NIGC's duties.
"The Commission violates IGRA, seeks to deprive tribal government of compensation by regulation, makes regulations outside IGRA authority, and fails to consider the impact of self-regulation," Anotubby told NIGC Chairman Phil Hogen [
PDF: Letter].
The rules require tribes, for the first time, to certify that their casinos are complying with environmental, health and public safety laws. Additionally, tribes have to certify that their casinos are operating on "Indian lands," as defined by IGRA.
The Chickasaw Nation operates the most gaming facilities of any tribe in the U.S, and at least 11 are located on parcels that were taken into trust after 1988. The tribe did not follow the Section 20 process for these casino sites.
Related Story:
Chickasaw exec lauds gaming (The Tulsa World 11/29)