Concerns about how Native American gaming is affected by the Kyl bill (Internet Gambling Prohibition Act) continue to grow. IGN has secured letters on the issue from concerned legislators on both the House and Senate side of Congress seeking exemptions for Indian gaming or jurisdictional oversight of the bill. Here you'll find the full text of the two letters.
U.S. House of Representatives
Committee on Resources
Washington DC 20515
April 23, 1998
The Honorable Henry Hyde
Chairman
U.S. House of Representatives
2138 Rayburn HOB
Washington, D.C. 20515
Dear Mr. Chairman:
This letter concerns H.R. 2380, the Internet Gambling Prohibition Act, legislation intended to protect consumers from unregulated internet gambling.
I am concerned about a collateral effect that H.R. 2380 may have on Indian tribes and tribal sovereignty. Although the Senate version of H.R. 2380 (S. 474) contains an exemption for state lotteries, horse tracks, other pari-mutuel wagering, and hotel-casinos, it does not exempt tribal gaming operations governed by the Indian Gaming Regulatory Act (IGRA).
Like state governments, Indian tribes are accorded sovereign status by the United States. Unfortunately, the Internet Gambling Prohibition Act treats tribal governments in the same manner as it treats private sector businesses. Regardless of one's position of the propriety of internet gambling, as Chairman of the Resources Committee, I am concerned about any provision that undermines the sovereignty of tribal nations.
The Senate is also grappling with this issue. It is my understanding that when S. 474 is considered by the full Senate, Senator Larry Craig (R-ID) plans to offer an amendment to the Internet Gambling Prohibition Act which will provide an exemption for tribal gaming that is in accordance with IGRA. A copy of the Craig amendment is attached.
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 H.R. 2380 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 H.R. 2380 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 x56869.
Sincerely,
DON YOUNG
Chairman
United States Senate
Committee on Indian Affairs
Washington, DC 20510-6450
April 23, 1998
The Honorable Jon L. Kyl
United States Senate
Washington, D.C. 20510
Dear Senator Kyl:
I am writing with regard to S. 474 , legislation to "prohibit gambling via the Internet or any other interactive computer device in any State", because I am concerned that this bill will have significant and negative effects on legitimate gaming activities currently conducted by Indian tribes that are authorized by the Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2710 et seq.
In October 1997, as S.474 was pending in the Judiciary Committee, I conveyed to Chairman Hatch my concern that, as written, S. 474 would render illegal certain Indian gaming activities that are authorized by the IGRA. This legislation would make illegal the so-called national Indian lottery offered by the Coeur d'Alene of Idaho which relies on the Internet, and would also criminalize other forms of Indian gaming that rely on electronic, computer or other technologic aids in conformity with the IGRA. These changes to the IGRA would be carried out without this Committee's involvement and the participation of Indian tribes and other affected parties.
As introduced, S. 474 was opposed by most affected gambling interests in the nation including state lotteries, off-track betting, dog and horse racing groups as well as Indian tribes. In reviewing the most recent draft of the bill, it appears that all affected groups, with the exception of the tribes, have been successful in their bids to gain exemptions from the proposed legislation. As a consequence, S. 474 will bring within its purview only offshore gaming operators using the Internet and Indian tribes and, if adopted, would clearly contradict specific provisions of IGRA. As you may know, after hearings held earlier this year in Committee, I introduced S.1870, omnibus amendments to the IGRA that will address the concerns of tribes, states and others in terms of Indian gaming and its regulation. I urge you and others that are concerned about IGRA-sanctioned games and the involvement of the Internet or other electronic media to work with me and the Committee in fully debating these issues.
In light of this, and short of a referral of S.474 to the Committee on Indian Affairs with full discussion of the impacts of S. 474 on Indian gaming conducted under the IGRA, I am inclined to support an amendment to be proposed to exempt from the coverage of S.474 any class II and class III gaming activities as authorized by the IGRA.
Please contact me if you have any questions about this critical matter.
Sincerely,
Ben Nighthorse Campbell
Chairman