The Fort Sill Apache Reservation in southern New Mexico. Photo © Fort Sill Apache Tribe.
The Bureau of Indian Affairs is questioning a provision in a proposed Class III gaming compact that appears to limit which tribes can operate casinos. The provision states that Class III gaming can only on occur on lands that were in trust prior to 1988. That runs counter to the Indian Gaming Regulatory Act, which contains several exceptions that apply to newly acquired lands. “We share your concern that this provision, if included in the Class III gaming compact, may violate [the Indian Gaming Regulatory Act] because it could be read to improperly prohibit gaming that might otherwise be legal," Paula Hart, the director of the BIA's Office of Indian Gaming Management, said in a letter to a state lawmaker, The Santa Fe New Mexican reported. The provision is found in compacts that Gov. Susana Martinez (R) has negotiated with a handful of tribes. It's likely that it will be included in future agreements unless it is stricken. “There’s an easy solution. Take that paragraph out," state Sen. Bill Soules (D) told the New Mexican. Soules represents a district in the southern part of the state where the Fort Sill Apache Tribe wants to open a casino on its reservation. The land is in trust but it was acquired in 2002, meaning the 1988 provision could hinder the tribe's rights. Chairman Jeff Haozous told the paper that “this language in the compacts was specifically written to exclude us.” The National Indian Gaming Commission has said the reservation can't be used for gaming but the tribe is suing in federal court to overturn that determination. Get the Story:
Terms of state-negotiated gambling compacts raises concerns (The Santa Fe New Mexican 1/27)
Official: Provision on tribal casinos might violate US law (The Albuquerque Journal 1/27) Federal Register Notice:
Proclaiming Certain Lands as Reservation for the Fort Sill Apache Indian Tribe (November 28, 2011) NIGC Indian Land Opinions:
May 19, 2008 | April 30, 2009
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