Story Published:
Jul 30, 2010
Story Updated:
Jul 30, 2010
WASHINGTON – If Sen. John McCain (R-AZ) gets his way, the Senate Committee on Indian Affairs will be revving up for a jurisdictional clash with tribal leaders over the National Indian Gaming Commission’s authority to regulate Class III gaming.
The Senate Committee on Indian Affairs held an oversight hearing on Indian gaming on July 29 to “examine priorities established by the new leadership of the National Indian Gaming Commission (NIGC) in areas including the NIGC’s regulatory role, staffing, budget, plans for consultation and training and technical assistance to tribes.”
Tracie Stevens, the new chair of the NIGC, testified in front of the committee for the first time exactly one month after her confirmation by the Senate. Other witnesses included Philip Hogen, the former NIGC chairman; Ernie Steven Jr., the chairman of the National Indian Gaming Association; and Mark Brnovich, director of the Arizona Department of Gaming.
Each witness gave an oral presentation of their written testimony, which is available on the committee’s Web site.
But it wasn’t until McCain showed up around 15 minutes before the end of the 90-minute hearing during the question and answer period that the real purpose of the hearing became apparent: McCain wants a legislative “fix” for what he called the “loophole” in Class III gaming regulations created by a 2006 legal ruling known as the CRIT decision, named after the Colorado River Indian Tribes.
That doesn’t bode well for the nations, said Joe Valandra (Rosebud Sioux), a former NIGC chief of staff, who is now a consultant on Indian gaming.
“I don’t think it’s what Sen. Dorgan necessarily intended, but it was clear that Sen. McCain, who insisted on this hearing, I understand – that’s why it happened so quickly – used the hearing as a vehicle to advance a ‘CRIT fix’ and some other amendments to the Indian Gaming Regulatory Act (IGRA) as well as a broad based attack on the regulation of Indian gaming,” Valandra said
NIGC had assumed the authority to regulate Class III gaming until the landmark 2006 court ruling that the CRIT could not be penalized for denying NIGC access to monitor the tribe’s compliance with the commission’s Minimum Internal Control Standards (MICS) for Class III gaming. The ruling affirmed that under IGRA, the NIGC does not have the authority to regulate Class III Indian casinos operating under tribal-state compacts.
Both Hogen and McCain vehemently disagreed with the ruling – and they still do.
The two men had what appeared to be a scripted exchange in support of a “CRIT fix.”
McCain asked Hogen for an assessment of the original NIGC charter and “how effective you think NIGC could be today?”
“There was a question at the time whether NIGC had that authority (to regulate Class III gaming) and people said isn’t that up to the states and the tribes, but we said, no, NIGC has that authority but the courts agreed with the tribes and we were unceremoniously booked out of the oversight of much of the Class III gaming,” Hogen said.
“To what effect?” McCain asked
Hogen said that the absence of NIGC oversight had little effect in places like Arizona, which he called a “shining example,” but in other places there is no state oversight.
“I think tribal gaming regulators do a better job if someone is looking over their shoulders,” Hogen said.
Does the NIGC have “sufficient authority” to do that? McCain asked.
Not according to the CRIT decision, Hogen said.
“Does that concern you?” McCain asked.
“Yes, it does. Not everywhere but there are soft spots that won’t be addressed unless that authority is restored or clarified,” Hogen said.
“So, it is your view that Congress should act legislatively to clarify that issue,” McCain said.
“That was my view when Congress had that legislation before it (in 2006) and it’s still my view,” Hogen said.
McCain asked if that view is shared by Indian county.
“Well, not all. They view it as an incursion (on tribal sovereignty),” Hogen said.
McCain started to ask if the absence of NIGC jurisdiction makes Indian gaming vulnerable to corruption such as in the case of Ivy Ong, a non Native man charged with corruption in connection with the Seminole Tribe of Oklahoma.
But he backed off when Hogen pointed out that the NIGC was still exercising jurisdiction over Class III gaming at the time.
“I guess my question is because of the CRIT decision has this made it more or less likely that corruption could creep into Indian gaming?”
“More likely,” Hogen said.
After his exchange with Hogen, McCain asked Tracie Stevens if she has the same concerns as Hogen.
Tracie Steven said the CRIT decision is of concern and her top priority is to review the situation to better understand it, but McCain interrupted before she could complete her thought.
“Do you have any understanding so far?”
Stevens began to respond, but McCain interrupted her again with the same question.
Turning his attention to National Indian Gaming Association Chairman Ernie Stevens, a prickly McCain said, “You probably disagree with some of my assertions?”
Ernie Stevens pointed out that Indian nations spend around $350 million a year on regulation and that MICS imposed by tribal regulators are as strong or stronger than the NIGC standards.
“Phil talks about looking over our shoulder. We have our tribal constituents looking over our shoulder. We have the state and local law enforcement looking over our shoulder. We answer to the leadership of our tribes, and after 25 years, we believe we’re doing a good job.”
In an interview after the hearing, Ernie Stevens said he will pro-actively respond to McCain’s latest claim that tribal-state regulation of Class III gaming is insufficient. He expressed respect for the state of Arizona’s regulations system, but also praised tribal regulators throughout the country.
“If it’s Sen. McCain’s desire to rehash the issue once again, then I’ll reconvene the NIGA/NCAI Taskforce to bring the issue forward again and again we will provide the senator and the committee with all kinds of shining examples of what it takes to protect the integrity of our gaming operations,” Ernie Stevens said.
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Not Me! said on Tuesday, Aug 24 at 12:42 PM
I was a republican for 50 years but have since repented and asked Creator for forgiveness. McCain is a has-been and a wannabe! He has been bought out!
50502954Na He Ga Ta said on Thursday, Aug 12 at 2:59 AM
If there is corruption by the Tribe or Tribal President, then it should be up to all the Tribal memebers to press charges, and bring those people out of office. By approving John McCains solutions, this is just empowering the U.S., in something that the Tribe should already be doing by the votes of the Tribal people. Lets quit being dependent on the US govt. to solve Tribal Problems!
49663962James Minnesota said on Sunday, Aug 8 at 4:59 PM
Tribal Governments use that casino money for themselves and victimize us with this money.
49415692James Minnesota said on Sunday, Aug 8 at 4:54 PM
Get RID of indian gaming!!!!!! i live on the Whire Earth Rez and the tribal clowncil steals this money for themselves. Leech Lake is the same way, they line thier own pockets while families live in substandard housing and children going hungry, all while relying on the counties for help. This does not make sense.
49415547TomS said on Sunday, Aug 8 at 11:26 AM
It would be interesting to note: if some-one would track the campaign contributions into Barrack Obama's campaign from 2008, you could find those elected IGA tribal members had their Indian Nations donation significantly to Barrack Obama's 2008 APPOINTMENT to the White House. Ernest STevens, Oneida tribal member, is a member of his tribe that donated to Barrack Obama (in fact endorsed him). This is NOT about Indian people, rather a battle over the Tribal money being given to the Democratic Party. When REpublicans are in charge of the US Govt., then the DemocraK-addicts will start asking questions as well....this is a Political Game (not about the welfare of Indian peoples....Sorry!)
49401573TomS said on Sunday, Aug 8 at 10:51 AM
The Demo-gogues tell American Indians what they want to hear… but deliver NOTHING. Every A merican lobbyist in DC is dyed in the wool Demcratic-syndicante that just steals, yes STEALS the money from tribes and tribal groups and gives them happy talk. With all the talk and debate into WHY American indian Governments deliver for their constituents, I welcome questions and talk into finding out the relation-ship between Indian Gaming and into Democratic coffers. As long as Democratics both to look the other way in how Tribal Governments mis-manage, mis-appropriate federal dollars into the own personal tribal pockets and jobs into their families, Indian people will continue to come up short...as in who is taking the Gaming dollars! The FEderal "Trust" responsibilities to Indian Tribes are outdated as long as their is Tribes have money.
49399803Deborah Sevenwolves said on Saturday, Aug 7 at 7:07 PM
Of course there is corruption,anytime there is a lot of money to be had, corruption follows, including Las Vegas. Trust me when I say, that John McCain's goal isn't to clean up Indian gaming but to get rid of it altogether. He and his supporters would like nothing more than to get rid of the reservations, and Indian busineses that compete with Euro=Americans.
49373864Scotty Simpson, Ponca Tribal Member said on Friday, Aug 6 at 11:16 AM
In the United States constitution, the Commerce Clause, Congress has " the right to regulate commerce among the several states and with Indian tribes", not for us with us, this means we must agree to it. But, you must take note the Congress will ties every law now to the United States Governments "TRUST RESPONSIBILITY" with the Native American Tribes, just check the NIGC law..
49293179David Velarde Jr. said on Friday, Aug 6 at 4:36 AM
you can never trust a republican.
49272169TomS said on Thursday, Aug 5 at 9:26 PM
With ramphet corruption and a decrepited political system involving most Tribal Federal Reservations, indian peoples have no legit claim to blame the Federal Govt exclusively without first looking at their own Tribal Govt. What fundings are being doled out amongst families and interests to Tribal Governments? How is the DemoKratic Criminal SYndicate being "paid" by Tribal Governments in support of their special interests in light the of Jack Abramoff scandal? For as long as indian peoples cry "Foul" against the Federal Govt., their elected Tribal Representatives get away with pay offs to special interests.....It is time the US Govt. begins looking at Indian Tribal Governments because it is soo blatently obvious living on the Reservations.
49257198CATO said on Thursday, Aug 5 at 2:09 PM
MCcain has nothing to offer to Indian Country,before and for the future of Native Americans. Today he is a hang-around the Fort politician looking for photo-oped case in mind showing up the last 15 minutes of a 90 minute meeting at an indian gaming conference. F...him
49230123Fly on the wall said on Wednesday, Aug 4 at 4:30 PM
For those who have nothing to hide, oversight would not be a problem...for those who do, you have the ability to FIX UP your house and minimize the damage to your foundation. Once the pest control people are allowed to make an assessment, you will need to do major repair. Forced inspections happen in every neighborhood.
49164084Crazytalk said on Wednesday, Aug 4 at 3:20 PM
McCain is a racist!
49159068Get Rid of McCain! said on Wednesday, Aug 4 at 1:03 AM
This is why John McCain did not win the presidency, an this is why he's going to lose re-election because he has been holding us natives back for far too long.
49117392Candace Colbert Odom said on Wednesday, Aug 4 at 12:41 AM
I'm not running for anything, but Russell Pearce's law is really makes me wonder what makes him think he has the right to be here??? I bet if you look into his background you will find all kinds of different people, some who were here legally, maybe some who were not here legally. He needs to clarify his real reasoning for this new law he thought up to oppress people. Sounds to me like he likes to play the role of the "oppressor..." The politicians just say what will get people to throw money at their elections.
49116824whathe..... said on Tuesday, Aug 3 at 11:32 PM
To Zagaska, and nepotism will continue as is the tribal gov't....
49114637fan of elouise said on Tuesday, Aug 3 at 5:19 PM
A whole bunch of NDNs need to launch a broad based attack on the BIA and the Dept of Interior. Their corruption has stolen money from individual indian accounts forever. Just ask MS Cobell.
49095974Zagaska said on Tuesday, Aug 3 at 4:26 PM
There is a lot of talk about Indian gaming and the corruption that is involved in it. But when you get politicians involved in anything that will happen. Look at Mr Rangle and others who are going through hearings right now. Who do you you have looking over their shoulders but one of their own. Kind of the fox watching over chicken house. We as Indians must step up to the plate to protect ourselves as the white man only wants to use us to get richer. Why don't we use more of our tribal people to provide the products for our casinos and government programs. Because we don't believe that Indians are capable of doing so or maybe we just want to see the white man get richer and we Indians stay poor. Its time we start trusting our own people to do the job and stop trusting so much in the non-Indians to do it for us. Wake up tribal leaders and trust your own people more. Indian people are very good people who have a lot at stake to prove to us that they can do the job right.
49092362SparrowChirp said on Tuesday, Aug 3 at 11:03 AM
If Sen. McCain is aware of corruption, shouldn't he report it to the proper regulatory authorities? This political rhetoric against a whole people is a safe avenue for his political agenda. The whole purpose of a gaming operation is to generate revenue and elevate the wealth for the ownership of the gaming operation. But, if it is an Indian operation, the purpose is to support the well being and the operations of the Indian tribe or nation. If he purports himself to be a potential candidate for leadership, shouldn't he concentrate on the recovery of this nation from this economic devastation. Wouldn't we be better off if he were to seek the beneficiaries of the illegal war that we are involved in. Has he forgotten the allegations of the profiteering off the deaths of so many young Americans. Isn't there more compelling concerns which this country should be concentrating on. I guess the continual subjugation and suppression of indigenous people is the only safe political route.
49067089Anonymous said on Tuesday, Aug 3 at 10:57 AM
of course their is going to be corruption where their is big money their is going to be corruption what what would you rather have one of these fat cats like john mccain skimming money he dont need it he is already a millionaire or would you rather have a tribal member working at a casino on their own reservation at their tribal casino and them skimming money? iam not saying thats right stealing is flat wrong but sorry to say thats the way it is now days seems like everyone steals money where their is big money whats up with that now days?
49066738TomS said on Tuesday, Aug 3 at 10:27 AM
Clark said today at 10:02 AM...EXACTLY MY SENTIMENTS! You are correct in your analysis. Indian Nations and their Governments are about as corrupt as what gets reported in International news. Indian people complain about the lack of services and resources available to tribal members because of complaints against Tribal Leadership. No when some-one or an organization attempts to only ask questions, then tribal people complain these are attacks against....'sovereignty'! For far too long money is being siphoned off from Indian people by special interest groups particularly if you consider how depended for example the Democratic Party is on securing funds and money from those East Coast Casino Revenue Tribes.
49064344Clark said on Tuesday, Aug 3 at 10:02 AM
Ernie Stevens speaks with a forked tongue. I worked for a tribe that allowed their surveillance personnel to track attractive women around the floor and wrote up employees for having a shirt tail out instead of watching the games. Lots of nepotism between the business council, gaming commission, surveillance and tribal employees. There was virtually no control. The gaming commission members had no understanding of what oversight meant and were to lazy to find out. They just showed up and collected their paychecks. Sure, there are well run Native American casinos, but for every good one there are probably 2 or more poorly run ones. They need consistent rules and regualtions with adequate oversight to ensure everyone is doing their job. I'm sorry, but many of you are not qualified to work in gaming. You lack the training and experience and until someone makes you get it, Native American gaming runs the risk of corruption. Tribes don't oversee because of confidentiality.
49062343WAMP1MASHPEE said on Tuesday, Aug 3 at 9:41 AM
WELL I DO READ ALL ARTICLE IN ICT AND I WILL CONTINUE TO FOLLOW UP ON MCCAIN AND ALL THE CORRUPTION I READ HERE IF NSOMETHING NEED TO BE FIXED LETS DO IT AMONGST OURSELFS THE TRIBES WITH GAMING AND LEAVE UNCLE DADDY AND MCCAIN OUT OF THIS WE DON'T NEED THE WHOLE WORLD TO KNOW OF OUR SHORT COMING MADE BY THE WHITE MAN WE ARE ALWAYS TAKEN ADVANTAGE OF BECAUSE WE WANT TO GO THE SORT ROUE AND NOT ALWAYS THE BEST ROUTE
49060884Anonymous said on Tuesday, Aug 3 at 8:46 AM
McCain is just a very tired very old very nothing washed out old man who is still trying to have power over someone or something... ANYTHING! Indian peoples have the right to their own means of subsistence, and do not need tired old men looking over their shoulder in a violation of their human rights. His leering glances over to Sarah Palin when she was his running mate tell us loudly who he is.
49056864Crazytalk said on Tuesday, Aug 3 at 7:26 AM
Tribes need to start giving cultural classes. And tests just like for U.S. citizenship. You don’t pass, your out! Indian culture is what makes an Indian Nation, if you don’t have it you become weak and soon you will be no more. Or worse, you become like Americans!!!!
49052259TomS said on Monday, Aug 2 at 9:22 PM
Follow the money....For as much as this article puts McCain in a bad light, it is time to see where the money is going in Indian Gaming; whose behind and or pulling the strings; and who ultimately is getting funded particularly those CRIMINAL SYNDICATES like the Democratic Cacus and the Obama White Organization. Unfortunately, the subject AGAIN has nothing to do with INDIANs rather pulling the wrong out from under and seeing what crawls back into the shadows.
49034593anonymous said on Monday, Aug 2 at 8:38 PM
Replying to "n8v", You mean Slade Gorton (R-Wash.) who was known as an "Indian fighter." And still is actually. And he is the former U.S. Senator. But now we have McCain to take his place.
49032543n8v said on Monday, Aug 2 at 6:01 PM
Is McCain the rebirth of Gordan Slate?????????????
49025344bad breath said on Monday, Aug 2 at 3:14 PM
the rumor is mccain with his wife run a beverage distributing business, and that beverage is alcoholic drinks. this should have many implications for many families. its time for unity among 'indians'.
49014574Archaeoace said on Monday, Aug 2 at 1:28 PM
McCain--bad for Indian Country--bad for the environment.
49007684Storm Cloud said on Monday, Aug 2 at 10:39 AM
Many laughed when I said in 2008 that neither Obama or McCain would be good for Native American tribes. This gaming issue is only one example of new efforts to have gaming controlled by the gov't. I know it's useless to suggest again (but I will say it)that, before the roof falls on your heads tribes need to demand full recognition of their treaties and restore their sovereignty. If you do not do that, you will be fighting these battles every few years until you disappear.
48995974northern cheyenne said on Sunday, Aug 1 at 5:39 PM
mccain the same as the republican shame a bunch of hateful racist i would say the whiteman goverment dont want the american indian to have nothing anything the indian trys to do the whiteman stops it or limits it tabacco sales limit that! gaming limit that! our own resources in our favor limit that! ect.! reservation nations need to be self independent and keep the whiteman goverment out of tribal affairs until then nothing is going to change what taxes we should not even be paying taxes on anything period!
48962774Crazytalk said on Sunday, Aug 1 at 12:42 PM
What’s wrong with Indian country anyway? We should be just like the good old U.S. and not have any corruption in our government! What are they feeding us? Loco weed or something?
48951219Trust but Verify said on Sunday, Aug 1 at 10:10 AM
As long as Indian Tribes accept Federal grant money and operate Hotels and Casinos tribal leaders should be required to account for their use of that money just like everyone else. “Self Regulation” is viewed outside of Indian Country as license granted to Tribal Leaders to steal from their tribal members, the Government and the public in general. Tribes are only being asked to upgrade their financial reporting to the standards maintained by others operating similar enterprises. Outside review of tribal finances is good for tribes and tribal members and increases the public’s confidence in our enterprises. Sunshine helps keep our leaders honest.
48944039Na He Ga Ta said on Sunday, Aug 1 at 4:53 AM
I don't care wHat type of gambling is out there. There is always the threat of influence/corruption (Look at Las Vegas in the 40' -60s). Why cant the same polcicies that Govern Neveda, govern American Indian Tribes? I do not care for the NAIGC, as it is political influencable. Since Federally recognized tribes are considered independent nations, then the States have no say-so, in taxing them. Why does everytime an American Indian business or enterprise produce dollars, than everyone wants to either control it, tax it, or limit it? We are indepedent Nations, and lets all stand up and not be taxed or regulated!
48934768yellowhawk said on Saturday, Jul 31 at 8:47 PM
he's a bohemian grove member or so ive read as are a few others so anything they say means nothing. evil is as evil does.
48921883kunsi said on Saturday, Jul 31 at 3:51 PM
It doesn't matter whether you support McCain or not - doesn't change the fact that there is corruption in Indian gaming and commercial gaming and whether we as Indian people want to admit it, we know that we need more accountability and OPEN RECORDS OF OUR GAMING REVENUE AND EXPENDITURES to expose the little corrupt dictators, whether they are on the council or the gaming commission or management or all of the above - because who we really supposed to be protecting are all the little Indian kids going hungry, living in deplorable conditions, being neglected, etc. Our gaming profit should all be used to help them, no matter if they are enrolled in our tribe or not.
48910949Defrauded Tribal Member said on Saturday, Jul 31 at 12:47 PM
Indian Gaming is openly corrupt. It must be fixed or it must be eliminated. Some tribal leaders and their lawyers must go to jail as a matter of public hygiene.
48903614Tapout said on Saturday, Jul 31 at 9:27 AM
Yes! McCain is no king, nor is the United States his kingdom! His little albino hands and arms flail, when he does not get his way, matter of fact the dang things shrink at the podium when he is angry, when one of his novelty bought-off white indians, haven't been paying attention to him. He is an ole albino joke of a man!!!! That's all I can say!
48893368TwoEagles said on Saturday, Jul 31 at 4:07 AM
If John survices the election, he will try to change the IGRA and deflect the CRIT ruling.
48884144Skinwalker said on Saturday, Jul 31 at 12:04 AM
New clown hamburger McCain do what ever it takes to pretend he stands for anything.
48878189mim said on Friday, Jul 30 at 4:50 PM
what does mxcain have of offer the indian people? Nothing but getting in the indian peoples way! He has nothing to offer and never did! Why shoud the arizona indians even back this whatever u want to call him! He and his wife do nothing good for the indians but sell their killings beers to the indian people! So there Mr.Nut head mcain
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