Official defends rejection of off-reservation Indian casinos

Carl Artman, assistant secretary of the interior for Indian affairs, said his Jan. 3 “guidance” memorandum which led to 11 denials of 30 applications did not change federal regulations or policy.

Instead, Artman said, the memo clarifies the Indian Gaming Regulatory Act of 1988 so that Interior Department officials will exercise greater scrutiny over tribes seeking land away from their rservations.

“Of the 30 applications, some were two to 20 miles away (from reservations); over half were 100 miles away while others were over a thousand miles away,” Artman told the House Natural Resources Committee.

In addition to rejecting 11 of the applications, the department returned 12 more to the applying tribes. Action is expected on the other applications, according to the committee chairman, Rep. Nick Rahall, D-W.Va.

Tribal officials were upset by the decision.

“This is paternalistic and oppressive,” said Hazel Hindsley, chairwoman of the St. Croix Chippewa of Wisconsin that had sought federal approval of a casino project about 330 miles from their two reservations. That effort is now stuck in litigation.

In New York, the St. Regis Mohawk Tribe had long sought the approval to build a $600 million casino in the Catskill Mountains, about 90 miles from New York City and several hundred miles south of their reservation in Akwesasne along the Canadian border.

Local and state authorities supported the plan, but the federal government rejected that application, as well as that of the Stockbridge Munsee of Wisconsin, who also sought to build a casino in the Catskills.

“It was a complete miscarriage of justice,” said Lorraine White, one of three St. Regis chiefs.

Rahall and other committee members asked Artman why he did not consult with Congress or tribes before issuing the Jan. 3 memo.

“We view this guidance as a management tool,” Artman said. “The regulations haven’t changed. The policy hasn’t changed.”

Artman said the memorandum aimed to resolve confusion among Interior Department officials about how to apply the scrutiny test to tribes seeking land far away from their reservations.

Interior Secretary Dirk Kempthorne was aware of and approved the memorandum, but did not order or prepare it, Artman said.

The 11 rejections came one day after Artman issued the guidance memorandum, sparking protests among tribes and raising eyebrows among lawmakers.

Rahall said the memorandum is part of a “disturbing” trend by the Interior Department, indicating a policy to “keep Indians on the reservation.”

“As a result, I intend to introduce legislation that will mandate that the (Interior Department) adequately consults with Indian tribes,” Rahall said.

Rep. Dale Kildee, D-Mich., admonished Artman that tribes are sovereign entities and should not be treated like the “Knights of Columbus.”

The Associated Press contributed to this report. Contact Stephens Washington Bureau writer Tony Batt at tbatt@stephensmedia.com or (202) 783-1760.