National Indian Gaming Association Wants Hogen Out - Passes Resolution

A couple weeks ago at the National Indian Gaming Association’s annual Trade Show and Convention, a resolution was passed calling for the immediate resignation of National Indian Gaming Commission Chairman Philip Hogen. The resolution also asked that the Obama administration make sure that any future appointees will respect tribal governments by following the laws governing federal agencies.

NIGA has, for years, been very unhappy, to say the least, with Hogen and believe that with the election of Mr. Obama the time may be right to ask for a change of leadership at NIGC.

The tribes see Hogen as a loose cannon with no oversight and that his policy of not consulting or collaborating with the tribes when making decisions flies in the face of the tribe’s basic fundamental right of self-determination as sovereign governments.

NIGA Chairman Ernie Stevens Jr. said,” We had to fight tooth and nail to defend aggressive positions against our tribal sovereignty, a lack of consultation and things of that nature. In my personal opinion, his (Hogen’s) era is over. It’s time to move on.”

Hogen’s attempt to push through a controversial set of regulations that, in his opinion, would have drawn what he called “a bright line” between Class II and Class III gaming has been one of the main issues that NIGA has had with Hogen. Hogen withdrew the proposed regulations last fall, but still would like to see it happen in the future.

The resolution also states that under Hogen the NIGC has failed to follow specific federal laws including the Unfunded Mandates Act, the Regulatory Flexibility Act, the Small Business Regulatory Flexibility Act, the Federal Advisory Committee Act, the Indian Gaming Regulatory Act’s mandates that protect tribal self-government, and the Federal Indian Employment Preference laws.

The resolution asks the Obama administration to “recognize that Indian gaming is the single largest governmental revenue generating activity in Indian country and to act expeditiously to name a new NIGC chairman and commissioner and immediately call for the resignation of the current chairman who is holding over since the expiration of his term in December 2005.”

NIGA believes that NIGC’s main focus, under Hogen, has been to issue bureaucratic regulatory mandates, “many of which contravene the language and spirit of the IGRA” and that a new direction where training and technical assistance for tribal governments and tribal regulatory agencies should be undertaken.

The resolution came two days after Hogen presented an update on NIGC activities where he stated that the NIGC was in the process of updating standards for Minimum Internal Controls for Class III gaming…..this despite the fact that a couple years ago a court decided that the commission has no enforcement authority in that department.

To me it looks like a federal bureaucratic entity trying to justify its existence….hanging on for dear life and trying to keep funded, even though nobody is really sure what purpose they actually serve.

Hogen even admitted that he is worried about the NIGC’s future stating, in reference to the tribes becoming more self-regulated, that,” It may be the place of NIGC to lead that charge, but one of the things that, certainly as a bureaucrat has troubled me about that approach, is we’re funded by the tribes and if all of a sudden all these tribes are self-regulated and they’re not paying any fees, we won’t be able to operate.”

The tribes envision Hogen going to congress and telling them that the NIGC has these MIC’s but no authority to enforce them and then asking them to pass a law that would empower them to do so.

NIGA Executive Director Mark Van Norman said the tribes were also concerned about the U.S. Supreme Court’s Carcieri decision. The tribes were concerned that the NIGC was drawing up a list of tribes that, under the court ruling, would not qualify for land into trust.

Hogen’s reply was,” Well, the Supreme Court may have got it wrong, but they are the Supreme Court.” He also said that the commission was consulting with the departments of justice and interior in the hope that the “federal family” would speak as one.

He dismissed Van Norman’s concern that NIGC was drawing up a list of tribes that would not qualify for land into trust under the court ruling.

Uh… I may be wrong but I don’t think the NIGC has anything to do with the land into trust process…..aren’t all the applications handled by the Bureau of Indian Affairs? What are they making a list for?

The President challenged the U.S. government departments last Monday to find $100 million in savings and told his Cabinet to identify the spending cuts and report back in three months.

Perhaps the Department of Interior should take a long hard look at the NIGC and decide whether or not it may be a candidate for cutting costs.

At the very least, clarify its role and give who ever is at the helm clear direction and prioritize the organizations objectives.