New BIA Rule Meant To Clarify Tribal-State Compact Submission And Approval Process

Last Wednesday a notice was published in the Federal Register of a new rule intended to more clearly define how tribal-state compacts and amended compacts are received and approved by the BIA.

The rule does not really change any core proceedures but it is the first time since the Indian Gaming Regulatory Act was passed in 1988 that the agency has taken steps to define the process.

"The submission process for the tribal-state compact or compact amendment is not clear," the notice stated. "Therefore this proposed rule establishes procedures for submitting tribal-state compacts and compact amendments."

The notice was actually signed by former assistant secretary Carl Artman on May 22, the day before he left office, but review of the regulation by the White House Office of Management and Budget delayed until last week its final publication in the Federal Register.

Because the Bush administration is in its final months the White House ordered federal agencies to stop proposing new regulations by the end of May. Artman narrowly met that deadline to get the rule finished.

Although Artman barely made the deadline, the regulation faces uncertainty should any delays arise in the rulemaking process. Comments are being accepted until September 2, giving the BIA less than two months to publish a final rule before the November deadline.

The BIA pretty much fast-tracked the proposal. The rule didn't even show up on any of the regulatory agendas that federal agencies are required to submit to Congress every six months.

The BIA only held two tribal consultation sessions -- both in April -- before the rule was published.

"The draft regulation was modified to reflect comments received during the consultation, as well as written comments received from Indian tribes," the notice stated.

The proposed rule closely tracks the provisions of IGRA that address review and approval of Class III gaming compacts. The law gives BIA 45 days to consider a compact or an amendment to an existing compact.

The rule states that extensions to existing compacts will be considered an amendment that is subject to review and approval.

The notice of the rule can be found here.

http://www.indianz.com/FederalRegister/2008/07/02/e8-14951.asp

I think it’s a good thing to clarify any process to avoid controversy and helping the Tribes and States understand the process by which they must submit their compacts is great.

Perhaps, though, the BIA should get their own house in order first so that when Tribal-State compacts are submitted to them they don’t lose them like they did last year when the Sycuan, Pechanga, Agua Caliente and Morongo compacts were lost for 3 months which, by law, resulted in automatic approval of the compacts.