Vitter Introduces Indian Gambling Reform Act
Press Release
Vitter Introduces Indian Gambling Reform Act
Bill would increase community input in Indian casino approval process
U.S. Sen. David Vitter today introduced his Common Sense Indian Gambling Reform Act of 2008. The bill is similar to legislation he offered last session and seeks to increase the input of local communities in the Indian casino approval process.
"Indian casino gambling has expanded significantly in the last decade, with many tribes locating casinos in communities to which they hold no historical ties," said Vitter. "This forum shopping is done strictly to enable tribes to obtain an economic advantage, and my bill includes provisions to protect local communities from being exploited by these activities."
The bill would prohibit Indian tribes from opening casinos on lands to which the tribe has little or no connection and seeks to prevent tribes from acquiring new land specifically for the purpose of placing a new casino in a more economically advantageous location - a process known as forum shopping. Vitter's bill would require that tribes have a geographic, social and historical nexus with the land they intend to use as the site of a casino.
"We have seen attempts at forum shopping first hand in Louisiana. When residents of southwest and northwest Louisiana fought efforts by the Jena tribe to locate a casino in their regions of the state - land to which the Jena had no historical connection - the residents were ultimately successful but faced uphill battles in having their concerns heard. My bill will give local communities like these more of a say in whether they want gambling," Vitter said.
The Jena Band of Choctaw Indians has attempted to open off-reservation casinos in Calcasieu and DeSoto parishes, two areas which were not historically part of the tribe's historical lands. The Jena were recently granted land with reservation status in Grant Parish, and the tribe has applied to open a casino there, despite the fact that the parish rejected a gambling initiative during a 1996 local referendum.
Vitter's legislation would require Department of Interior officials to consult with all of a community's officials before establishing a gambling area in a specific location - not just a select few community representatives. In addition, the bill requires an economic impact study on all money-making activity within a 60-mile radius of the proposed casino site. The study would survey the impact the potential gambling site may have on surrounding businesses and the greater fabric of the community at large.
Vitter's bill would also enable the state legislature to play a role in the application process. The current application process for tribes seeking to establish a casino requires a determination by the Department of Interior that opening an off-reservation casino would be in the best interest of the tribe and that casino operations would not be a detriment to local communities. Once the department makes a positive determination, only the approval of a state's governor is required for the tribe to move forward with its plans. Vitter's bill would add more layers of local input to this process.
"This bill will help prevent forum shopping ‑ providing states and local governments the input they deserve in their communities," said Vitter.
Vitter's Common Sense Indian Gambling Reform Act of 2008 also places oversight of Indian casino operations in the hands of the National Indian Gaming Commission, by reinstituting Minimum Internal Controls Standards, which help shield tribes from organized crime and other corrupting influences.
"There are several hundred Indian tribes across the nation operating casinos in 28 states, including three in Louisiana," Vitter said. "Each year, more applications are made or approved and this sort of growth requires further regulation to minimize the funneling of gambling revenue to special interest groups who have no official relationship with Native American tribes."
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