The Fort Sill Apache Reservation in southern New Mexico. Photo from Facebook
New Mexico Gov. Susana Martinez (R) is defending her decision not to sign a Class III gaming compact with the Fort Sill Apache Tribe. In a filing with the New Mexico Supreme Court, Martinez said the tribe's reservation in the southern part of the state has not been deemed eligible for a casino. She plans to negotiate if the tribe wins a favorable determination from federal government, The Albuquerque Journal reported. The tribe has a lawsuit pending against the National Indian Gaming Commission regarding the reservation but a decision hasn't been issued. Martinez has signed a new Class III compact with five other tribes. The deal includes a provision that bars gaming on categories of newly acquired lands without a separate agreement to "address the unique circumstances and conditions associated with such lands." The Fort Sill Apache Tribe has questioned the provision. So has the Bureau of Indian Affairs, which will be reviewing the compacts that Martinez signed and that were ratified by state lawmakers. The provision in question refers to Section 20 of the Indian Gaming Regulatory Act. It follows:
The Tribe has informed the State that it does not intend to conduct Class III Gaming on Indian Lands that are eligible for gaming pursuant to 25 U.S.C. §§ 2719 (a)(2)(B), (b)(1)(A), (b)(1)(B)(ii) or (b)(1)(B)(iii). If, in the future, the Tribe desires to conduct Class III Gaming on Indian Lands eligible for gaming pursuant to 25 U.S.C. §§ 2719 (a)(2)(B), (b)(1)(A), (b)(1)(B)(ii) or (b)(1)(B)(iii), the Tribe intends to negotiate a separate compact with the State to address the unique circumstances and conditions associated with such lands. The Tribe acknowledges and agrees that it has not addressed those circumstances and conditions in the negotiations leading up to this Compact and that there are federal authorizations required to determine eligibility to game on those lands. For those reasons, the Tribe agrees that the execution of this Compact is not evidence of and cannot be used to support a determination that any land located in the State is eligible for gaming pursuant to the 25 U.S.C. §§ 2719 (a)(2)(B), (b)(1)(A), (b)(1)(B)(ii) or (b)(1)(B)(iii).Get the Story:
Gov. asks court to reject Fort Sill Apaches casino bid (The Albuquerque Journal 3/26)
Related Stories
Opinion:
Fort Sill Apache Tribe deserves fair shake on compact (03/18) Fort Sill Apache Tribe in court for gaming compact in New Mexico (03/02)
Fort Sill Apache Tribe still running into obstacles in New Mexico (02/06)
Fort Sill Apache Tribe challenges provision in gaming compact (2/5)
BIA questions provision in compact for some New Mexico tribes (01/27)
Join the Conversation
