Compacts

Acoma Pueblo awaits BIA approval for Class III gaming compact

Friday, May 1, 2015

A view of Acoma Pueblo in New Mexico. Photo from Facebook

Acoma Pueblo was among five tribes that signed a new Class III gaming compact with the state of New Mexico.

Acoma leaders negotiated for nearly four years to reach the new deal. The agreement includes provisions affecting revenue sharing, free play, operating hours and gaming on newly acquired lands.

“We wanted to protect our share of the gaming market along I-40 and across the state and unfortunately that came with a price tag," Gov. Fred S. Vallo Sr. said in a press release that was posted by The Cibola Beacon. "But, I am pleased that in exchange, we will be able to preserve hundreds of jobs and hopefully create some new ones, but also stabilize the Pueblo’s economy for the next two decades.”

The Sky City Casino at Acoma Pueblo in New Mexico. Photo from 500 Nations

The agreement has been sent to the Bureau of Indian Affairs for review. Under the Indian Gaming Regulatory Act, the agency has 45 days to review a compact.

The BIA has the authority to approve or reject a compact. The agency can also let an agreement take effect if certain provisions are deemed to be outside the purview of IGRA.

The provision affecting gaming on newly acquired lands appears to be unusual. It requires a tribe to declare that they will not engage in gaming on certain categories of land without negotiating an entirely new agreement.

The provision references Section 20 of IGRA. It follows:

The Tribe has informed the State that it does not intend to conduct Class III Gaming on Indian Lands that are eligible for gaming pursuant to 25 U.S.C. §§ 2719 (a)(2)(B), (b)(1)(A), (b)(1)(B)(ii) or (b)(1)(B)(iii). If, in the future, the Tribe desires to conduct Class III Gaming on Indian Lands eligible for gaming pursuant to 25 U.S.C. §§ 2719 (a)(2)(B), (b)(1)(A), (b)(1)(B)(ii) or (b)(1)(B)(iii), the Tribe intends to negotiate a separate compact with the State to address the unique circumstances and conditions associated with such lands. The Tribe acknowledges and agrees that it has not addressed those circumstances and conditions in the negotiations leading up to this Compact and that there are federal authorizations required to determine eligibility to game on those lands. For those reasons, the Tribe agrees that the execution of this Compact is not evidence of and cannot be used to support a determination that any land located in the State is eligible for gaming pursuant to the 25 U.S.C. §§ 2719 (a)(2)(B), (b)(1)(A), (b)(1)(B)(ii) or (b)(1)(B)(iii).

Get the Story:
Acoma Officials Await Interior’s Approval on Gaming Compact (The Cibola Beacon 5/1)