Support for appointment of Great Plains Tribal Citizen to National Indian Gaming Commission and Support for resolution of issues involving the scope of Class II gaming under the Indian Gaming Regulatory Act
WHEREAS, the Great Plains Tribal Chairman’s Association (GPTCA) is composed of the elected Chairs and Presidents or their duly appointed representatives of the sovereign Indian Tribes and Nations recognized by Treaties with the United States that are within the Great Plains Region of the Bureau of Indian Affairs; and
WHEREAS, the Great Plains Tribal Chairman’s Association was formed to promote the common interests of the Great Plains sovereign Indian Tribes and their members in the states of ND, SD and Nebr.; and
WHEREAS, The Tribes in the Great Plains engage in gaming activities pursuant to the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. Section 2701 et seq., and pursuant to Tribal – state gaming compacts under IGRA; and
WHEREAS, The National Indian Gaming Commission (NIGC) exerts authority over parts of Indian gaming pursuant to various of provisions of IGRA and is composed of three members appointed by the President, two of whom must be Native Americans; and
WHEREAS, The NIGC has asserted that Class II games, which, as defined by the Act, involves bingo and certain other games, must be more clearly defined than they have been by Commission regulation and various Federal courts; and
WHEREAS, The proposed definitions of Class II games proposed by the NIGC would unduly restrict the kinds of bingo games currently available for Tribes to use in their gaming facilities, and the NIGC’s interpretation of the law is not consistent with decisions of federal courts which have interpreted IGRA; and
WHEREAS, The NIGC has not heretofore agreed that full consultation with Indian tribes is required for matters that come before them, including the issue of the definition of Class II games, under Presidential Executive Order 13175 requiring consultation with Tribes on matters that affect Indian Tribal Nations; and
WHEREAS, As a result, a bill is pending in Congress, H.R. 5608, that would require consultation by all executive branch agencies in matters that would have an impact on Indian Tribes and will put into positive law the consultation requirements; and
WHEREAS, With a new Presidential administration in place in 2009, there will an opportunity for one or more NIGC Commissioners to be appointed to replace present Commissioners, including the Chairman of the Commission; and
WHEREAS, The Great Plains Tribes are in a key position to recommend a replacement for any Commissioners that may be replaced in the next administration, working with the National Indian Gaming Association.
NOW THEREFORE BE IT RESOLVED, that the Great Plains Tribal Chairman’s Association hereby urge that the definitions for Class II games proposed by the NIGC be emphatically rejected by the Tribal Nations in the Great Plains and by the courts, if necessary; and
NOW THEREFORE BE IT FURTHER RESOLVED, that the Great Plains Tribal Chairman’s Association hereby supports the passage of H.R. 5608, the Consultation and Coordination with Tribal Governments Act, or any successor legislation that may be proposed in future Congresses, so that Tribes will be properly consulted with by the NIGC in the future; and
NOW THEREFORE BE IT FURTHER RESOLVED, that the Great Plains Tribal Chairman’s Association hereby supports the appointment of a Native American from the Great Plains as a member or as Chairman of the NIGC, when and if a position on the Commission becomes available, and the Tribal Nations from North and South Dakota are urged to determine appropriate candidates for the NIGC, working with NIGA to accomplish this result; and
NOW THEREFORE BE IT FINALLY RESOLVED that this resolution shall be the policy of the Great Plains Tribal Chairman’s Association until otherwise amended or rescinded.
Resolution No. 63-09-05-08
This resolution was enacted at a duly called meeting of the Great Plains Tribal Chairman’s Association held at Bismarck, North Dakota on September 5, 2008 at which a quorum was present, with 9 members voting in favor, 0 members opposed, 0 members not abstaining, and 7 members not present.
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