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MONDAY, APRIL 29, 2002

Tribal complaints have prompted the nation's Indian gaming regulators to reopen debate on a controversial rewrite of casino rules.

In a Federal Register notice being published today, the National Indian Gaming Commission extends the public response period on the proposed changes for another two weeks. "Several tribes have requested an extension of time to submit comments," the notice states.

Authorized by Kevin Washburn, the agency's general counsel, the delay represents more of the opposition the proposal has met since it was announced last summer over the objections of NIGC Chairman Montie Deer. Two commissioners pushed through the changes to how certain casino games are defined, outvoting Deer, a presidential appointee, three times on the issue.

Greatly supported by tribes at a contentious Congressional hearing last July, the modifications have now drawn dissent in some circles. Urged by tribal advisers who blasted the rules and reports by Indianz.Com which highlighted opposition from Deer and two dozen states, tribes asked the NIGC to keep the comment period open.

"The proposed changes are a big step backwards for all tribal governments," wrote one consultant who circulated criticism of the plan to tribes earlier this month. "No new regulations are needed."

The rules in question center on the definition of Class II games, which tribes can operate free of state oversight. They differ from the more lucrative Class III games such as slot machines and video poker.

But advances in technology have blurred the line as tribes in states where Class III gaming is prohibited seek to expand their casino offerings. As a result, costly legal disputes have forced the NIGC in some instances to scale back its enforcement of gaming laws.

The changes, according to NIGC commissioners Liz Homer and Teresa Poust, aim to put the agency more in line with court decisions which favored tribes. Deer has made public his opposition while the commissioners continue to advance their idea, most recently proposing a final rule a month ago.

Notably, Homer and Poust did not sign the document delaying the regulations. All previous documents regarding the changes were drafted by the pair and went to the Federal Register without Deer's signature.

Instead the notice was approved by Washburn, who provides legal advice to Deer. "It's best not to change it," he said, relating Deer's views.

Deer was appointed to the post by former President Bill Clinton. His term officially expired last month but he plans to stay until President Bush installs a replacement.

As for the commissioners, the two posts are at the discretion of the Secretary of Interior. The terms of Homer and Poust expire this summer.

Comments will be accepted until May 6.

Get the Notice:
TEXT | PDF

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