Phil Hogen, the Bush administration chairman of the National Indian Gaming Commission, says Congress needs to address the "lack of clarity" in the Class II gaming market.

Hogen, a member of the Oglala Sioux Tribe of South Dakota, says tribes are operating devices that blur the line between Class II games like bingo and Class III games like slot machines. He singled out so-called "one touch" devices that he says are really Class III machines.

"In my view, they are in limbo," Hogen told The Mobile Press-Register of such machines. He added, "Because of the lack of clarity, it would be great if Congress revisited this."

The distinction is crucial because Class III games are illegal without a tribal-state compact. But some states refuse to negotiate with tribes, or they make demands for large shares of tribal revenues.

Hogen's efforts to address the issue through regulation were opposed by tribes. He hoped a NIGC decision on "one touch" games would end up in federal court but he said Indian Country convinced an Alaska tribe not to pursue a lawsuit.

Tribes also fought an effort to address the issue through legislation.

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Wind Creek bingo machines in legal 'limbo' (The Mobile Press-Register 4/17)