Chumash protest bingo rules

 

Dozens of tribes across the nation, including the Santa Ynez Band of Chumash Indians, have filed comments protesting the U.S. Department of the Interior’s latest attempt to define bingo gambling rules. Public comment has been extended to Jan. 24 for the proposed regulations, published in late October by the National Indian Gaming Commission.

Vincent Armenta, tribal chairman for the Santa Ynez Band, in a fax to the National Commission, said the tribe is opposed to the proposed regulations and that, because public comment was allowed during the holiday season, there has not been sufficient time to respond adequately to the regulations. He asked that the commission withdraw these regulations and “release a meaningful consultation schedule prior to re-publishing.”

 

Armenta said it is the belief of the Santa Ynez tribe “that the commission has violated the Government Performance and Results Act” and has “provided no opportunity for any meaningful consultation on these proposals.”

He added, “The classification standards represent little more than a thinly disguised attempt to administratively amend the Indian Gaming Regulatory Act and reverse the Tribes’ hard fought Class II federal court victories. The game classification regulations add arbitrary requirements to the play of bingo such that they reclassify all existing Class II games as Class III. The classification standards must be withdrawn immediately.”

If approved, the rule would clarify the terms Congress has used to define Class II gambling. States have asked for further revisions to the term “electronic or electromechanical facsimile,” which was proposed in October.

 

Adding a new section to the regulations to explain the basis for whether bingo or lotto meets the statutory requirements for Class II gambling when played electronically, the Commission is attempting to list this form of bingo as Class III gambling, which would give states more leverage.

Tribes with Class III games are required to negotiate with the state and contracts often include payment of funds in lieu of taxes.

The Commission’s 13-page list of definitions and comments from the various tribes throughout the U.S. can be viewed at www.regulations.gov after a entering the search term “bingo.”