McCain aims to strengthen oversight of tribal gambling

Suzanne Struglinski

Thursday, Sept. 22, 2005 | 11:08 a.m.

WASHINGTON -- Sen. John McCain, R-Ariz., said Wednesday that it is either time to abolish the National Indian Gaming Commission or give it the authority it needs to execute oversight responsibilities.

McCain, Senate Indian Affairs Committee chairman, said at a Senate hearing that when his Arizona constituents visit casinos on Indian reservations, he wants to make sure they get a fair gamble.

He said Congress can clarify the commission's role and will work with the committee's top Democrat, Sen. Byron Dorgan, N.D., on a bill to toughen the NIGC's enforcement ability. He was not sure when the bill would be introduced and could not give specifics on its contents yet, because it is still in the early stages.

"If there is not sufficient regulation, corruption seeps in," McCain said.

A federal court decision handed down in August said the commission does not have the authority to issue rules for slot machines, black jack, craps, roulette or other games at reservation casinos. The ruling only specifically applied to the Colorado River Indian Tribes in Arizona, but Commission Chairman Philip Hogen said it could be used in arguments to eliminate the commission's role in regulating gaming.

Hogen said the ruling can make the commission a "toothless tiger" when it comes to regulating casinos.

The National Indian Gaming Association and the National Congress of American Indians created internal control rules for gaming based on those in Nevada and New Jersey.

"Let me be crystal-clear," Hogen said in his prepared testimony, "We are not asking Congress to expand the role NIGC has played in the past...We merely ask that the law be clarified so that we may continue what has proved to be a very successful coordination of tribal, state and federal participation in the oversight of (gaming)."

But Mark Van Norman, executive director of the National Indian Gaming Association, opposes the commission's efforts for a legislative "quick fix." He said the matter is still in litigation, because appeals can still be filed.

He said the commission should work with tribal governments to figure out how to implement rules and not just go to Congress for a change.