Lawmakers Endorse Navajo Gambling Compact

After initially recommending the Navajo Nation and New Mexico Governor Susana Martinez renegotiate their agreed-to gambling compact, the legislative Committee on Compacts changed its mind and endorsed the deal, after Navajo leader Ben Shelly (l.) refused to reopen the talks. At issue was the provision allowing the tribe to open three more casinos over 15 years.

Navajo Nation leaders emphatically told members of the New Mexico Committee on Compacts they would not renegotiate an agreement that would allow the tribe to open three more gambling operations over 15 years. The compact had been worked out by tribal officials and Governor Susana Martinez’ representatives. The committee ultimately voted 12-4 to forward the agreement to the House and Senate for their approval. The U.S. Department of Interior also must approve the compact, which would run through 2037. Currently the Navajos operate two Las Vegas-style casinos near Gallup and Albuquerque under a compact that will expire next year; a third casino offers low-stakes gambling and is not subject to state regulation.

Navajo President Ben Shelly said he was concerned that requests from lawmakers for changes to the compact could prevent the legislature from voting on it in their 30-day session. He explained if a vote doesn’t happen until next year, the existing Navajo compact could expire before a new agreement is approved by the state and the U.S. Department of Interior.

Shelly noted the “number of gaming facilities has been a very important position to the Navajo Nation.” He said the tribe has an unemployment rate of 50 percent and although the tribe has no immediate plans for future casinos, additional ones would help create jobs. “It is the position of the Navajo Nation that the Gaming Compact, in its current form, is fair, reasonable, and will continue to provide great benefits to the Navajo Nation and the State of New Mexico,” Shelley said.

Other tribes and pueblos oppose the proposed Navajo compact, in particular, the Laguna and Acoma pueblos whose officials said a Navajo casino close to Albuquerque could hurt their gambling operations. Under their current compact, the Navajos, Mescalero, Jicarilla Apaches, Acoma and Pojoaques  have no set limit on the number of casinos under they can operate. Nine other tribes have different compacts with the state, approved in 2007, which allows them to operate two casinos each. New Mexico received about $71 million from tribal casinos last year, mainly from slots.

Shelly urged other tribes to drop their opposition to the Navajo compact. He said disagreements among the tribes over gambling agreements “sends a wrong message to the federal government. “I am asking all the tribes to stay united like we have done in the past,” he said.

Under New Mexico law, legislators do not have the power to rewrite the compact; they only can vote to approve or reject a compact that has been negotiated by the governor’s office and tribal officials, or recommend changes to certain provisions. Martinez’ lawyer Jessica Hernandez said the administration is willing to negotiate with each tribe and review their individual needs in regard to gaming.

Meanwhile, lobbyists and their clients contributed more than $400,000 in campaign contributions to Martinez, legislators and other candidates and issues from late April through the end of 2013, according to the Associated Press’ account of lobbyist disclosures. About $8,000 of that came from the Navajo Nation Gaming Enterprise, including $3,000 to Martinez and $2,500 to each of the top Democratic legislative leaders–House Speaker Ken Martinez and Senate President Mary Kay Papen. Nearly half of the contributions came from the oil and gas industry. Combined gambling interests, including Indian tribes and horseracing tracks, gave $55,000 to Martinez, legislators and other candidates. Sunland Park Racetrack & Casino gave $23,000, including $7,000 to Martinez.