An Arizona tribe with a tradition of resisting authority has been turned down by a federal judge for a request that would have established a gaming compact without the approval of the state. The Interior Department is responsible for approving gaming compacts under the auspices of the Indian Gaming Regulatory Act of 1988 that requires agreement between a state and a tribe within its borders.
U. S. District Court Judge James Parker ruled that Interior Department regulations that allow a tribe to go to the agency for a gambling agreement when it’s failed to negotiate a compact with the state were invalid, and said the Pojoaque Pueblo, south of Santa Fe, must go back to the state to negotiate. Pojoaque Pueblo Governor George Rivera says he’s considering an appeal.
“We are looking at the long term for the win,” he said.
Time is becoming short, however, because the state’s compact with the tribe expires in June 2015. The state said it would allow a compact equivalent to what it negotiated with the rest of the state’s tribe in 2007, which gives a higher share of gaming revenue to the state.
New Mexico Gov. Susana Martinez’s administration sued the government in August to prevent a gaming compact approved by Interior to go into effect. The suit contended that the Interior secretary doesn’t have the authority to approve any compact, absent state approval. The suit also objects to the end of gaming payments to the state, the serving of alcohol in gaming areas, and a lowering of the gambling age from 21 to 18.
Jessica Hernandez, an aid to Martinez, said the governor was pleased that the legal process reiterated the rights of the state.
“As we have from the beginning, we look forward to continuing negotiations with the Pueblo of Pojoaque as well as other tribes whose compacts are close to expiring,” Hernandez said.
