Tribal Leaders Oppose Legislation

23 March 2006

MINNESOTA – (PRESS RELEASE) -- In a meeting held yesterday at Mystic Lake Casino in Prior Lake, MN, tribal leaders from across the nation expressed strong opposition to legislation introduced by Senator John McCain to amend the 1988 Indian Gaming Regulatory Act (IGRA), and agreed to send a letter notifying McCain that they would not support the bill. McCain is chairman of the Senate Committee on Indian Affairs.

The meeting marked the first time that tribal leaders have come together to develop a position on McCain's bill, S. 2078. It was convened by the National Indian Gaming Association (NIGA) and the National Congress of American Indians (NCAI), which have held a series of meetings with tribal leaders to develop consensus positions on legislation affecting Indian gaming. The session was hosted by Stanley Crooks, chairman of the Shakopee Mdewakanton Sioux Community, which owns and operates Mystic Lake Casino. Crooks is also chairman of the Minnesota Indian Gaming Association.

In opening remarks before the group, Crooks said that S. 2078 was an unwarranted and unacceptable intrusion on the sovereign rights of Indian tribes to govern themselves.

"Sovereignty is an inherent right of Indian tribes, and cannot be compromised without compromising our very existence as Indian people," Crooks said. "Senator McCain has been a good friend to Indian tribes in the past, but this legislation is so onerous in so many ways that we have no choice but to oppose it in the strongest possible terms."

Several provisions of the bill came under especially harsh criticism from tribal leaders, including:

-- One that would give the National Indian Gaming Commission (NIGC) new authority to regulate casino-style gaming. Tribes say they already have implemented the minimum internal control standards promulgated by NIGC, and that giving the agency further regulatory authority violates the tribes' rights to self-governance.

-- A provision that would expand the right of NIGC to approve contracts between tribes and various vendors. Tribes say the measure would violate tribal self-determination and increase the burdensome bureaucracy that already makes contract approvals a process that can last anywhere from a year to eighteen months. They note that the NIGC itself has admitted it is not capable of administering this provision.

-- A provision that would expand NIGC review of tribal revenue allocation plans. Tribes say additional review and control by the federal government undercuts tribes' right to govern themselves and discriminates against tribes by exercising control over their budgetary decisions when no other governments or businesses are subject to such controls.

-- A provision that would remove the two-part process now in place for consideration of off-reservation gaming proposals. Tribes say the two-part process has worked well and has not led to widespread off- reservation gaming. They note that only three off-reservation gaming proposals have been approved under IGRA since the Act was passed in 1988.

Tribal leaders said that under IGRA in its current form, Indian gaming has done exactly what Congress intended it to do. NIGA Chairman Ernie Stevens, a member of the Oneida Tribe of Wisconsin, agreed.

"Indian gaming is bringing our people out of poverty and despair, and lifting them up with hope and opportunities that have been denied to them for centuries," Stevens said. "When proposals like S. 2078 are brought forward, it is a disappointing reminder that some people think we've gained too much ground. Who else in American society is forced to defend their right to be successful?"