House committee to consider off-reservation gaming
Tuesday, July 13, 2004
The debate over off-reservation gaming heads to Congress today where lawmakers in the House will hold a hearing on the controversial and growing practice.
Although the subject has come up before, the House Resources Committee is holding its first-ever hearing on gaming on off-reservation and newly acquired lands. The panel will take testimony from tribal and federal officials on all sides of the debate.
Last month, a Bureau of Indian Affairs official said the Bush administration was mulling its position on whether tribes should be able to open casinos on ancestral territory hundreds of miles
away from their existing reservations. In some cases, tribes are looking in other states.
At the June 24 hearing on two off-reservation casino bills, Aurene Martin, the BIA's second-in-command, said officials have "initiated internal discussions" on off-reservation gaming.
"Our discussion will address the issue as a global matter and will hopefully provide a blueprint for us for our decisions in the future," she said.
Martin is scheduled to return to the committee today where she will join a slew of witnesses representing several tribes and Indian gaming organizations. The hearing is decidedly tilted to the tribal viewpoint -- with the exception of Rep. Jim McCrery (R-Louisiana), who fought an off-reservation gaming proposal in his state -- there are no state officials or anti-gaming
groups on the agenda.
That doesn't meant there won't be conflicting opinions presented. Among those scheduled to testify is Leaford Bearskin, chief of the Wyandotte Nation of Oklahoma, whose gaming plans in Kansas are opposed by the four federally-recognized tribes there. The tribe's Class II casino in downtown Kansas City has been deemed illegal by federal regulators and is currently closed.
Also slated to appear is Leslie Lohse, treasurer of the Paskenta Band of Nomlaki Indians
in California and an area vice-president for the National Congress of American
Indians. The Paskenta Band is concerned about another tribe's attempt
to open a casino in its backyard.
Tribes in Oklahoma and California have been among the first to stake gaming
rights away from their existing lands. In Oklahoma, tribes are motivated
by lucrative Class III games like slot machines that
are legal in Kansas and other nearby states. In California, tribes in
remote areas want a better chance to compete in the state's
$4 billion Indian gaming market.
Yet even in places like North Dakota, the issue has come up. The Turtle
Mountain Chippewa Tribe, whose chairman Leon Morin is scheduled to testify,
has floated plans for an off-reservation casino in Grand Forks, which is
traditional tribal territory.
But other tribes with casinos in the state are opposed to the idea.
The Great Plains Indian Gaming Association, whose executive director
Kurt Luger is on the witness list, participated in meeting to discuss
the proposal late last month. Luger also heads the North Dakota
Indian Gaming Association.
On the national front, Ernie Stevens Jr., chairman of the
National Indian Gaming Association, is scheduled to testify.
NIGA's executive director, Mark Van Norman, when asked at an Indian law
conference this past April whether Congressional action on
off-reservation gaming was likely, said he didn't think so.
At the time, Martin suggested lawmakers might act to limit
off-reservation gaming, possibly by inserting riders in appropriations
bills. "[R]epresentatives in Congress ... continue to call us
and ask us what we are going to do about it and I think they want to do
something about it on the Hill," she said at the Federal Bar Association's
annual Indian law conference.
Even some pro-tribal advocates in Congress think action might be needed
because the BIA has not yet resolved several off-reservation gaming
applications.
"Do you think the Congress should wait for the [Interior] department for a
decision?" Rep. Eni Faleomavaega (D-American Samoa) asked Martin last
month. "Or
should we just zip it in an amendment and be done with it?"
Currently, the Indian Gaming Regulatory Act (IGRA) of 1988 bars gaming on
off-reservation lands or newly acquired lands. But there are several
exceptions that tribes can meet to bypass the restriction.
Newly-recognized tribes, for example, are exempt because they lacked a land
base at the passage of IGRA. Tribes in Oklahoma that acquire land
within their former reservation are exempt too. Tribes who receive
land as part of a settlement can also seek gaming there.
Even those tribes that don't necessarily meet the qualifications can
follow what is known as a two-part determination that requires the
approval of the state governor where the casino would be located.
Since 1988, only three off-reservation casinos have been approved
in this manner. A federal appeals court recently upheld the two-part
determination provision of IGRA.
Another more controversial route is to seek a separate act of Congress
to sanction gaming on newly-acquired lands. One California tribe
benefited from this tactic when its land purchase was "back-dated"
prior to 1988. A federal appeals court upheld this law against a series
of challenges.
Today's hearing begins at 10 a.m. in Room 1324 of
the Longworth House Office Building. A live-audio only link can
be found at
http://resourcescommittee.house.gov.
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