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NIGC | Opinion
Joe Bunch: Oklahoma tribes know how to regulate gaming facilities


The following is the opinion of Joe Bunch, the chairman of the gaming commission for the United Keetoowah Band of Cherokee Indians in Oklahoma.

On October 20th, 2006, the D.C. Circuit Court of Appeals ruled in favor of the Colorado River Indian Tribes (CRIT). Justice Randolph denied the National Indian Gaming Commission (NIGC) the authority to regulate Class III Gaming. The decision is based on the Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701-2721, which provides for Class III gaming and regulation of Class III gaming to be negotiated between states and the tribes under tribal-state gaming compacts.

It is unfortunate that a former NIGC Chairman and Congressional Leader believe the CRIT ruling is the downfall of Indian gaming. It is also unfortunate and inaccurate to insinuate that having a mix of both Class II and Class III gaming in Oklahoma creates regulatory issues, or that regulation in Oklahoma is an issue.

Tribes are well-versed in gaming regulation spending millions of dollars, regulating gaming on their properties. Tribes serve as the primary regulators for Class II gaming with oversight by the NIGC, and with Oklahoma Tribes, pursuant to Oklahoma tribal-state compacts, tribes serves as co-regulators with the State.

Class II gaming and Class III gaming, and all that entails, is very well understood by Oklahoma tribes, who, under the Oklahoma compact, were required not only to implement technical standards for Class III gaming, but adopt Minimum Internal Control Standards (MICS), as drafted by the NIGC.

In Oklahoma, with 39 federally-recognized Native American Tribes, and 100 gaming locations across the state, Oklahoma represent a large Native base with a population of close to a million tribal members. Each tribal government understands and respects the importance of protecting the integrity of gaming and protecting revenue generated from tribal gaming.

Tribes are on the scene daily at their respective gaming locations with fully staffed tribal regulatory agencies. As such, they have the ability to monitor, investigate and enforce regulations and laws far more quickly than either the state or the NIGC – and do.

In addition, Oklahoma has two tribal gaming associations, the Oklahoma Indian Gaming Association (OIGA) and the Oklahoma Tribal Gaming Regulators Association (OTGRA). The goals of these organizations are to promote and protect Indian gaming in Oklahoma.

Specific to regulation, the OTGRA, organized in 2005, is comprised of Tribal Gaming Regulatory Agencies or Commissions and their staffs comprised of Employee and Vendor License Agents, Compliance Officers, Surveillance Officers, Auditors, Information Technologist, and Attorneys. OTGRA Associate Members include accounting firms, gaming machine vendors, gaming machine testing labs, law firms, individual attorneys, and other individuals or entities with an interest in gaming.

The OTGRA bylaws require bi-monthly meetings, along with a two-day spring and fall conference tailored to meeting the organization’s mission to provide affordable education and networking opportunities to Oklahoma tribal gaming regulatory agencies. Through OTGRA meetings and conferences, members receive the latest information regarding gaming regulatory issues, compliance issues, and changes in gaming laws and regulations.

To scrutinize Oklahoma gaming oversight is an insult to all who work in Oklahoma tribal gaming regulation. It is a well-known fact that Indian gaming is the most heavily regulated gaming, adhering to Federal, State, and Tribal regulatory requirements. Tribes take the responsibility of protecting gaming and gaming revenues very seriously. Oklahoma tribes, along with every other gaming tribe across the nation, will not allow for tribal economic development and success to be compromised.

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