Montana Tribes to seek gaming expansion law
Pub Date: 10/1/2006
Montana Indian tribes will apparently press the Legislature in the coming session for substantially expanded authority over gaming on their reservations, as well as an expanded wagers, prizes and game options, including craps, roulette, slots and blackjack.
Montana Tribal Gaming Association Chairman (MTGA) Jami Hamel wrote the State-Tribal Relations interim Committee of the Montana Legislature a letter July 19 thanking the committee "for their interest in advancing legislation that would assist Montana Tribes in developing economically viable gaming operations."
The letter continued, "As per the committee's request that MTGA propose legislation that would address the concerns raised by MTGA with the committee at your meeting of May 16, 2006, MTGA has met and discussed possible legislation."
Attached to the letter was draft legislation which the committee considered and subsequently endorsed 4-2 at a late August meeting. The complete bill draft text is available at _2006/st_trib_rel/LC9997.pdf>.
The bill draft is entitled "Authorization of Certain Gaming for the Exclusive Benefit of Montana Indian Tribes for Play on Tribal Lands."
In essence, it says, "The intent of the legislature in enacting this Act is to authorize certain Class III games for the exclusive play on Indian lands to be included in the Tribal
-State Gaming Compacts as described in the Indian Gaming Regulatory Act.
"This Act shall be construed, to the maximum extent possible, as being consistent with Montana law regulating gaming and with Article III, Section 9, Montana Constitution, and in no way shall this Act be construed to permit gaming activities that otherwise are prohibited under Montana Law."
The draft specifies new Class III games to be allowed exclusively to the tribes include "roulette, craps, slot machines, blackjack and other house banked card games commonly played."
On the issue of jurisdiction, the draft says, "Tribal Gaming Commissions as established by Tribal law, code, ordinance or resolution adopted by the governing body of the Indian Tribe having jurisdiction over such lands, are recognized by the State as the primary regulators with exclusive jurisdiction over all gaming within the external boundaries of the respective Indian reservation's 'Indian lands' as defined by the Indian Gaming Regulatory Act."
It continues, "The legislature specifically authorizes the Governor to negotiate and represent the state in any gaming negotiations concluded pursuant to (law).
"Tribal Governments shall use the net revenues from gaming for: Funding tribal government operations or programs'; the general welfare of the Indian Tribe and its members'; Tribal economic development'; donating to charitable organizations'; assisting operations of local government agencies'; and payment to members of the Indian Tribe in accordance with the Tribe's revenue allocation plan approved by the Secretary of interior."
Non-tribal gaming interests have said they acknowledge they have no standing in state-tribal negotiations, but remain "interested observers" in tribal gaming compact negotiations and legislation. Montana Governor Brian Schweitzer has stated on several occasions that he opposes any expansion of gambling anywhere in the state, on or off Indian reservations.
A number of tribes are currently in negotiations with the state, most notably the Confederated Salish and Kootenai Tribes of the Flathead Reservation, whose current compact expires Nov. 30. The Tribe's opening position in those negotiations called for essentially what is contained in the bill draft. The state has offered an increased ceiling on the number of machines and wagers and payouts, but negotiations are at an apparent standstill.
Should the compact expire, all Class III gaming on the reservation would have to cease, including for non-tribal licensees. The Flathead tribes are operating the Class II "bingo" machines that play like traditional slot machines and have theoretically unlimited payouts and would be permitted under the Indian Gaming Regulatory Act to continue to operate them in lieu of a compact.
Source: The Montana Tavern Times, Oct., 2006, published monthly by Continental Communications, 125 W. Granite St., Suite 102, Butte, MT 59701.