It was only a matter of time before Rep. Bob Goodlatte's recently introduced Internet gambling prohibition act ruffled a few feathers in the House of Representatives. One of the largest hurdles for Senator Kyl in getting his bill passed in the Senate has been the opposition of Indian gaming backers who want exemption. A similar opposition has surfaced in the House, as expressed through the following letter written by Don Young, chairman of the Committee on Resources, to Henry Hyde, chairman of the Committee on the Judiciary.
U.S. House of Representatives
Committee on Resources
Washington, DC 20515
October 22, 1999
The Honorable Henry Hyde
Chairman
Committee on the Judiciary
U.S. House of Representatives
Washington, D C. 20515
Dear Mr. Chairman:
This letter concerns the proposed Internet Gambling Prohibition Act of 1999, legislation intended to protect consumers from unregulated Internet gambling which Chairman McCollum intends to move forward in the legislative process.
I am concerned about a collateral effect that this legislation may have on Indian tribes and tribal sovereignty, Although it contains an exemption for state lotteries, horse tracks, dog tracks, other pari-mutuel wagering, fantasy sports, and Jai Alai, it does not exempt tribal gaming operations
governed by the Indian Gaming Regulatory Act (IGRA).
Like state governments, Indian tribes have been accorded dependent sovereign status by the United States. Unfortunately, the Internet Gambling Prohibition Act ignores this very important legal distinction and relegates these dependent sovereign governments to the same status as private sector businesses. I note that state lotteries are not treated as private businesses in this legislation.
Regardless of one's position on the propriety of Internet gambling, as Chairman of the Resources Committee, I am concerned about any provision that undermines the sovereignty of tribal nations, IGRA was established to provide clear standards for the conduct of gaming on Indian land, and by so doing to protect Indian gaming as a vehicle for economic development, self-sufficiency, and strong tribal government. Report language accompanying IGRA explained that tribes are specifically authorized to use
electronic, computer, or other technological aids in conjunction with bingo and lotteries. For the House to now propose a prohibition on internet gaming by Indian tribes, as this bill seeks to do, flies in the face of the intent of IGRA and the tribes' ability to achieve economic self-determination through the use of technology. Equally important, it sets a dangerous precedent for the concept of tribal sovereignty.
The Resources Committee has substantive Jurisdiction over all legislation dealing with Indian affairs. Accordingly, I plan to seek sequential referral of this legislation if it is reported out of the Judiciary Committee without an exemption for Indian gaming.
Should you have any questions concerning this matter, please do not hesitate to contact me. Staff inquiries may be directed to Tim Glidden of the Resources Committee at x5-6869.
Sincerely,
DON YOUNG
Chairman