Facebook Twitter Email
FRIDAY, JUNE 14, 2002

Tribes looking for relaxed federal oversight of the $10 billion Indian casino industry got part of their wish list fulfilled this week.

At a tribal sovereignty conference in Oklahoma, the National Indian Gaming Commission (NIGC) announced it will change the way certain casino games are defined. A pet project of commissioner Liz Homer, whose term at the NIGC is expiring, the new rules were given to tribes in advance of their public release.

First proposed last summer, Homer was able to finalize the definitions before leaving office. At the conference, she said the changes were an attempt to "bring some clarity" to an area in federal gaming law that has faced court challenges.

"The courts are continuing to tell NIGC that there are flaws in the definitions," she explained.

Many tribes embraced Homer's goals. The National Indian Gaming Association, the largest such group, and the Oklahoma Indian Gaming Association wanted to avoid costly litigation and strengthen tribal, not federal, regulation.

But the initiative drew strong objections from the attorneys general of more than 20 states, who charged that tribes would be able to skirt federal law and ignore state sovereignty. Some segments of Indian Country feared a weakening of tribal authority.

The most significant voice of dissent, however, was internal. NIGC Chairman Montie R. Deer, a presidential appointee who also leaves his post this summer, drafted a five-page response outlining his objections.

"I am not convinced that the rule change is an appropriate action for the commission," he wrote, adding that he felt "bound" to memorialize his views.

At issue are two very different groups of casino games: Class II and Class III. Tribes can operate Class II games, such as bingo and pull-tabs, free of state involvement.

The more lucrative Class III category, which includes slot machines, card games and related offerings, can only be operated with a state agreement. Some states, including Oklahoma, Alabama, Florida, Texas and Nebraska, outlaw the games and won't negotiate with tribes.

The quandary has forced tribes, with the support of the casino industry that manufactures gaming machines, to exploit loopholes among the two classes. This tactic has largely been successful because the NIGC, when challenged in federal court, could not defend the existing definitions.

Homer's intitiative eliminates that possibility by aligning federal policy with court rulings. But Deer, in his written dissent, noted that the guidlines have never been invalidated.

Publicly, he was more blunt. "In my opinion, tribes are pushing the limits of class II gaming," he said at the conference.

Deer voiced such objections over the past year. Homer and commissioner Teresa Poust, who also leaves NIGC this summer, consistently vetoed his opposition.

The changes are due to be published in the Federal Register this month but Homer did not know when they would be available for public viewing.

Relevant Documents:
Deer Dissent (June 2002)

Relevant Links:
National Indian Gaming Association - http://www.indiangaming.org
National Indian Gaming Commission - http://www.nigc.gov

Related Stories:
Tribes seek limited federal role (6/13)
NIGC overturns gaming decision (6/6)
Authority of NIGC placed in doubt (5/10)
Authorities seize tribal records (5/7)
Tribes complain about gaming rules (4/29)
Disputed gaming policy advanced (3/22)
Gaming commission ignoring Norton order (1/28)
States object to proposed gaming policy (9/20)
NIGC takes a gamble on new regulations (7/26)