Fort Sill Apache Tribe in court for gaming compact in New Mexico

Monday, March 2, 2015

The Fort Sill Apache Reservation in southern New Mexico. Photo from Facebook

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The Fort Sill Apache Tribe is asking the New Mexico Supreme Court to force Gov. Susana Martinez (R) to sign a Class III gaming compact.

Last year, the court ruled that Martinez must deal with the tribe on a government-to-government basis. But she refuses to negotiate a compact because she doesn't believe the tribe's reservation qualifies for gaming under the Indian Gaming Regulatory Act.

"The tribe simply does not have any eligible lands in New Mexico," a spokesperson for Martinez told The Santa Fe New Mexican.

The National Indian Gaming Commission has said the reservation can't be used for gaming. The tribe is suing to overturn that determination so the status of the land has not been set in stone.

Even if the tribe prevailed, a provision in a new compact negotiated by Martinez poses another hurdle. The deal requires tribes to state that they will not engage in gaming on certain categories of newly acquired lands.

But in the event a tribe wishes to go down that path, an entirely new compact will have to be negotiated to "address the unique circumstances and conditions associated with such lands," according to the compact. The Fort Sill Apache Reservation falls into a category that would require a new agreement.

The provision in question cites Section 20 of IGRA. It reads:

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:
Fort Sill Apache ask court to compel governor to sign compact (AP 2/28)
Fort Sill Apaches ask high court to intervene in dispute with governor (The Santa Fe New Mexican 2/28) Related Stories:
New Mexico lawmakers to consider Class III gaming compacts (2/20)
Fort Sill Apache Tribe still running into obstacles in New Mexico (02/06)
Fort Sill Apache Tribe challenges provision in gaming compact (2/5)
BIA questions provision in compact for some New Mexico tribes (01/27)