Facebook Twitter Email
FRIDAY, MARCH 22, 2002

Over the objection of more than 20 states and the nation's top Indian gaming regulator, appointees from the Clinton administration are proposing to ease the definition of certain casino games.

In a Federal Register notice published today, the National Indian Gaming Commission (NIGC) announces changes affecting a heavily disputed area of the $10 billion and growing tribal casino industry. The move finalizes a proposal, first announced last summer, the agency says will reduce clashes between tribes, states, and the federal government.

But the attorneys general across the nation have vehemently objected to any change in gaming policy. Last fall, they wrote a heavily charged letter to the commission and said the proposal was "ill-advised, unnecessary and legally flawed."

Montie Deer, chairman of the NIGC, has also opposed the action. "This is not something he is in favor of," said Kevin Washburn, Deer's legal counsel.

"He's been very cautious on this," he said.

At issue is casino devices as defined by federal law. Under the Indian Gaming Regulatory Act (IGRA), Class II machines, such as bingo and pull-tabs, can be operated without state approval so long as such games aren't prohibited.

Technological advances have blurred the line between Class II and the more lucrative Class III games, like slot machines, which require a tribal-state compact. As a result, there has been dispute what tribes are allowed to offer customers.

The changes published are an attempt to address the issue. They were pushed through by NIGC commissioners Liz Homer and Teresa Poust, who signed the document over the objection of Deer, and the states, which contend they will open the floodgates to illegal gaming.

Tribal and gaming representatives, on the other hand, have readily welcomed the new regulations. The Oklahoma Indian Gaming Association and the National Indian Gaming Association supported the initiative.

The Department of Justice raised concerns and asked twice for the comment period to be extended. One request was granted but a second was rejected by Homer and Poust, also against the wishes of Deer.

Despite the differences in opinion, Washburn said all views will be considered before the rule is finalized. He said that some tribes weren't completed satisfied and wanted additional guidance.

According to Washburn, the Justice Department shared the same views as the tribes. "This is an attempt to address their concern," he said.

The public is being given 30 days to comment on the new definition. The NIGC will then perform an analysis and decide what to do next.

"It could be that the commission does nothing at all," said Washburn.

Deer was appointed to his post by former President Bill Clinton and his term expires this month. He intends to stay until his replacement is confirmed by the Senate, according to sources close to the chairman.

The commissioner positions are appointed by the Secretary of the Interior. The terms of Homer and Poust expire this summer.

The Bush administration has yet to name Deer's replacement.

Get the Notice:
TEXT | PDF

Related Stories:
Gaming commission ignoring Norton order (1/28)
States object to proposed gaming policy (9/20)
NIGC takes a gamble on new regulations (7/26)