Skip to main content

Costa introduces legislation amending The Indian Gaming Act

May 18, 2007

WASHINGTON,D.C.- Calling for acommonsense approach to Indian gaming policy, Congressman Jim Costa, D-Fresno,has introduced legislation in the House of Representatives to amend the IndianGaming Regulatory Act.

Costa's bill, HR 5125, wouldamend Class III of the Indian Gaming Regulatory Act to require the Secretary ofthe Interior to withhold approval of new or additional Tribal-State compactsuntil each state first develops a long-term plan to administer Class IIIgaming. "Too often," the Fresnolawmaker contended, "Indian tribes are at the mercy of the shifting politicalwinds of state government."

In his statement accompanying the bill's introduction Costavoiced disapproval of "let's make a deal" time and detailed the hurdles facedby state policy makers and Indian tribes. "Negotiating a Tribal-Statecompact for the right to engage in Class III gaming on tribal lands is aprocess complicated by elections, changing attitudes towards the tribe - not tomention the understanding that gaming can be a lucrative business for thestate."

Costa's amendment would require states to enact legislationcreating a master plan for gaming. Eachstate's Class III gaming master plan would have to include provisions detailinghow many gaming locations the state will authorize, where those gamingfacilities will be located, how each state will regulate its gaming compacts,how mitigation efforts will take place and be enforced, along with provisionsallowing input from local communities, as well as tribes.

Although Costa highlighted the benefits of this new process,he did call attention to precedent, "historically, merging the perspectives oftribes and local communities has been a process recognized by state and federalgovernment as necessary, but noticeably missing from the present applicationprocess for Class III gaming. Gettingevery party of interest involved in the process - state, local and tribes -- isa major objective of this legislation."

Noting concerns of those who have already received stateauthorization, Costa pointed out that his legislation will not prevent tribesfrom engaging in the application process or affect already approvedTribal-State compacts.

Numerous tribal groups are based in the 20thCongressional District, which Costa represents. HR 5125 is indicative ofCosta's commitment to strive for a middle-ground in public policyimplementation.

# # #