Showing posts with label Dirk Kempthorne. Show all posts
Showing posts with label Dirk Kempthorne. Show all posts

Monday, May 05, 2008

Official Who Tossed Out Gaming Applications Leaving BIA

5.02.08

BIA chief quits unexpectedly
by: Rob Capriccioso

WASHINGTON - After serving for just over a year as assistant secretary for Indian Affairs, Carl J. Artman is leaving the Bush administration. His resignation comes as a surprise to many Indian leaders and U.S. government officials, but some who know him said increasing frustrations with the bureaucracy of the BIA played a role in his early exit.

An enrolled member of the Oneida Tribe of Indians of Wisconsin, Artman was confirmed by the U.S. Senate March 5, 2007, to head the BIA. He previously served as the department's associate solicitor for Indian Affairs since February 2006.

''I believe at the end of this administration, the work we have done within Indian affairs will leave not just a legacy, but an infrastructure upon which American Indian and Alaska Natives can build to secure their governmental, cultural and economic futures,'' Artman wrote to Interior Department Secretary Dirk Kempthorne in a letter announcing his resignation.

''Throughout your tenure, I have appreciated your able insight as we have worked to address important issues in Indian country,'' Kempthorne responded in a letter to Artman.

Artman's official duties included carrying out Interior's trust responsibilities involving the management of tribal and individual Indian trust lands and assets, and promoting the self-determination and economic self-sufficiency of the nation's federally recognized American Indian and Alaska Native tribes. He was the tenth assistant secretary of Indian Affairs to be confirmed since the position was established by Congress in the 1970s.

Artman is most often cited for starting the department's Indian Affairs Modernization Initiative, which served to enhance communications between tribal leaders and Interior on a number of trust responsibility issues.

His resignation stunned many Indian leaders and U.S. government officials, especially given the lengthy amount of time it took Artman to be confirmed by the U.S. Senate.

When Artman was confirmed in 2007, Sen. Byron Dorgan, D-N.D., who chairs the Senate Indian Affairs Committee, said the job should have been filled two years previously, but legislative holdups made that goal untenable. Sen. David Vitter, R-La., a vocal critic of the BIA and off-reservation gaming, ultimately registered the sole dissenting vote against Artman's nomination.

''It's a disappointment and setback for Indian country that Assistant Secretary Artman will be resigning,'' Dorgan said in a statement. ''I am afraid we will not make enough progress on the issues affecting the Native American community, from law enforcement issues to economic development. Mr. Artman took consultation with tribal leaders seriously, and I hope that the future or acting assistant secretary will meaningfully consult with tribal leaders before acting on matters that [affect] our Native American communities.''

W. Ron Allen, secretary of the National Congress of American Indians and chairman of the Jamestown S'Klallam Tribe, said he was ''very disappointed'' to learn of Artman's resignation.

''He truly has been one of our most effective and knowledgeable assistant secretaries,'' Allen said. ''Carl was always forthright with the tribes and was making a significant difference with the BIA and its responsibilities to the tribes.''

Leaders who know Artman expected that he might resign come fall, as the Bush administration tapered to a close. His early departure signaled to some that he may have had ongoing frustrations with BIA bureaucracy.

''I sense that there were things bothering Carl - perhaps just not being able to achieve what he wanted to achieve,'' said Gerald Danforth, chairman of the Oneida Tribe of Indians of Wisconsin. Prior to joining the federal government, Artman worked for the Oneida Tribe as director of federal affairs and as chief legal counsel.

''I suspect he would have liked to see changes within the BIA that would streamline the processes,'' Danforth said. ''His intentions were right, but how they were unfolding within the BIA, I don't know. I just sensed a certain frustration that things weren't moving forward as quickly as he believed they could be.''

Many Indian leaders are skeptical that Interior will be able to soon find a replacement that was as well-versed on Indian issues as Artman, especially before the close of the Bush administration.

''Because he has worked in Indian country, he had a clear understanding of what the tribes are trying to accomplish with respect to self-determination, self-governance and self-reliance,'' Allen said. ''It is hard to have an impact when you are working on a short stint in the system, but because he knows how it works, he was able to make decisions to address a lot of policy matters.''

It's expected by some insiders that Majel Russell, an enrolled member of the Crow Tribe of Montana and Artman's principal deputy assistant secretary, may be tapped to fill out the remainder of his term. That would likely mean she would have to relocate to Washington, D.C., from her current home in Montana.

Artman's last day on the job is expected to be May 23. It's unknown at this point where he will land, but Danforth said an invitation is open for him to return to the Oneida Nation. He did not respond to requests for comment.

Saturday, January 05, 2008

Interior Secretary Kempthorne denies casinos; proposed sites too far from reservations

1.05.08


Interior Secretary Rejects Catskill Casino Plans

By ANAHAD O’CONNOR

The federal government rejected plans for two casinos in the Catskill Mountains on Friday, saying that the reservations of the two tribes that submitted the plans were too far from where the casinos would be built.

The decision was a major setback in the 30-year effort to bring gambling to Sullivan County, which proponents hoped would breathe new life into the area’s depressed economy.

One of the proposed casinos, at Monticello Raceway, received the support of Gov. Eliot Spitzer and was expected to attract six million visitors a year, generate 3,000 jobs and provide New York State with an estimated $100 million a year. But the plans faced intense opposition from the Natural Resources Defense Council and other environmental groups, and required the final approval of Interior Secretary Dirk Kempthorne.

On Friday, Mr. Kempthorne sent a letter to the St. Regis Mohawk tribe saying that the proposed casino in Monticello was too far from its Akwesasne Reservation, which is about 300 miles away, near Massena, on the Canadian border. He also sent a nearly identical letter to the Stockbridge-Munsee tribe, which is based in Wisconsin and had planned to build a large casino in the town of Thompson, not far from Monticello.

Mr. Kempthorne, who has long opposed Indian casinos on nonreservation land, said in his letters that the casinos would be too far away to offer jobs to tribal residents and that forcing residents to relocate would hurt the reservations.

“The departure of a significant number of reservation residents and their families could have serious and far-reaching implications for the remaining tribal community and its continuity as a community,” he said in the letters.

In a statement released Friday night, the Natural Resources Defense Council called the decision a major victory and said the casinos would have burdened the Catskills with pollution, traffic congestion and sprawl.

Representative Maurice Hinchey, a Democrat from New York who has strongly supported the proposed casinos, said proponents of the plans would not give up. “It is clear that the next opportunity for these proposed casinos to move forward and be objectively evaluated will be under a new administration by a different secretary of the interior, who under current law has the final determination in this matter at this time,” he said in a statement.

Wednesday, November 14, 2007

Interior to take distance and history into account when considering off-reservation gaming applications

11.13.07

Let the games begin
St. Regis sues Kempthorne; NIGC's 'bright line' between classes II and III
Tom Wanamaker / Indian Country Today

SYRACUSE, N.Y. - Frustrated with continued delays in the processing of its application for a casino in New York's Catskill Mountains, the St. Regis Mohawk Tribe has filed a federal lawsuit against Interior Department Secretary Dirk Kempthorne.

The secretary, a former Republican governor of Idaho, is on record as opposing ''off-reservation'' casinos. The St. Regis application for a casino at Monticello has been ready since last February, and despite approval from New York Gov. Eliot Spitzer, Kempthorne has taken no action on it. Over the past several months, Mohawk leaders have repeatedly requested meetings with him; they have not been given the courtesy of an answer, much less a decision.

But we may have a clue as to Interior's future take on this supposed ''reservation shopping.'' On Oct. 1, Legal Times newspaper revealed the text of a letter sent to tribes with pending ''off-reservation'' casino applications by Interior Deputy Associate Secretary James Cason. In the letter, Legal Times reported that Cason said Interior is pondering a model ''where the likelihood of accepting off-reservation land into trust decreases with the distance the subject parcel is from the Tribe's established reservation or ancestral lands, and the majority of tribal members.'' [emphasis added]

Apparently geography matters. So the question now becomes: ''Will Interior take history into account?''

The ancestral Mohawk homeland lies along the majestic river that today bears the tribe's name. In the years leading up to the American Revolution, encroaching colonial settlers forced most Mohawks out of the area. Today, the tribe's sole American reservation is at Akwesasne, which sits along the St. Lawrence River, roughly 225 miles due north of Monticello as the crow flies. Other recognized bands of Mohawks reside in Ontario and Quebec.

But the ancestral Mohawk homeland lies only some 75 miles north of Monticello, one-third of the distance to Akwesasne. All ''off-reservation'' Indian casino applications are different, each with its merits and circumstances.

Cason's model should not be the sole deciding factor in the St. Regis application, or any application for that matter. But if it is going to play a role, Interior must take the historical displacement of tribes from their homelands into account. Many Indian nations, through no fault of their own, are today located on reservations distant from their original homes. If geography is to be a critical determinant in deciding the fate of a tribal casino, historical factors must carry equal or greater weight.

Proposed regulations

The National Indian Gaming Commission in late October issued a set of proposed regulations intended to clarify the distinction between Class II and Class III gaming machines.

The basic difference between the classes can be boiled down to whom the player is competing against. If the machine is linked to others and players play against each other, it's a Class II game. If the player is playing against the house, it's a Class III game. But the technological complexity of many new gaming devices; the fact that machines of different classes may appear to be identical, legal challenges regarding the classification of certain games; and confusion over whether a machine itself is the game or merely a tool through which to play the game has forced the need for a clearer demarcation between the two classes.

''These proposed standards will clarify the distinction between the technological aids tribes may use to play Class II games - bingo and the like - which may be utilized without compacts with their states, from that equipment used for the play of Class III games, such as slot machines, which may only be played when there is an approved tribal/state compact for that activity,'' said NIGC Chairman Philip Hogen in an Oct. 24 press release.

Hogen stressed the need for a clear distinction, a ''bright line,'' between the classes, citing disputes over technology that could challenge the ''dominant market position'' that many gaming tribes hold in Class II.

''Those challenges could come in the way of allegations that technology for Class II has gone beyond its limit,'' he said in the release. ''It could come as well by increased competition for this market where states expand their limits on bingo-type technology, if they see no meaningful constraints on tribal activity in this area.''

Of equal significance might be the potential impact on revenue sharing. Tribes offering Class III games must, of course, enter a tribal/state compact. Such compacts, more often than not, contain provisions for tribes to pay some percentage of their profits to the state that surrounds them.

But Class II gaming requires no tribal/state compact - tribes may offer Class II games free from state oversight and without revenue sharing. Thus anything perceived as weakening Class II and strengthening Class III gives gaming tribes the impression that state hands will sink deeper into their pocketbooks. Hogen said that the proposed rules should allay such fears.

''Bingo and Class II gaming is the bedrock upon which Indian gaming was built, and its integrity needs to be maintained,'' Hogen said. ''With the bright line that will be drawn when these regulations are finalized, tribes may confidently invest in equipment, lenders concerns over challenges in this area will be allayed, and tribes will have a clearer basis from which to negotiate with states for Class III compacts.''

To view the proposed regulations, visit www.nigc.gov. The regulator will accept public comments on them for 45 days after their publication in the Federal Register.


Monday, August 06, 2007

Secretary Kempthorne opposed to off-reservation gaming; told Sen. Schumer that approving one would lead to approvals for all


According to reports by the Mid-Hudson News Network in New York, U.S. Interior Secretary Dirk Kempthorne has indicated to New York Senator Chuck Schumer that he opposes off-reservation casino proposals; and Secretary Kempthorne, in his role as Trustee for all Indian lands, shared his belief with Senator Schumer that if he approves one of the 32 pending off-reservation casino proposals that are before the Bureau of Indiab Affairs/Interior Department, he would have little choice but to approve them all.

Sen. Schumer has attempted to assist the St. Regis Mohawk Tribe with approvals the tribe needs to open a casino in the Catskills, more than 500 miles from the Tribe's reservation. The project has the support of the local community and Gov. Eliot Spitzer (D).

While Kempthorne was Governor of Idaho, he rejected off-reservation casino proposals.

Sen. Schumer’s office trying to show Interior Secretary Kempthorne why St. Regis Mohawk casino should fly

8.06.07

Mid-Hudson News Network

Washington – There is a full court press on Interior Secretary Kempthorne in an effort to pursuade him to approve an off-reservation Native American casino at Monticello.

Most recently, the St. Regis Mohawk Tribe, which wants to build the facility, asked the secretary for a sit-down to discuss it with him.

US Senator Charles Schumer is also in the lobbying effort. He met with Kempthorne recently and told him he wants to justify why the secretary should sign off on it.

"He has a western view of things where the reservations are thousands of miles," he said. Kempthorne told Schumer he had 32 off-reservation casino applications and if he does the Monticello proposal, he would have to do them all. Schumer asked him to “let us show you why this one is different.” The catch is Schumer has his staff researching all 32 applications.

If Kempthorne is leaning toward disapproval of the application, Schumer would just as soon have him wait.

"If it’s going to be a bad decision, and I don’t know that it is at this point, it might be better to wait rather than to get a ‘no’ and have to start everything all over, but we’re not ready for that yet."

If approved, the casino would be built in partnership with Empire Resorts, owners of Monticello Raceway, which already has a video slot machine operation at the track.


Sunday, July 15, 2007

Indianz.com: BIA: Off-reservation casino faces 'uphill battle'

as posted 7.10.07 at Indianz.com:

"BIA: Off-reservation casino faces 'uphill battle'

Off-reservation casinos face an 'uphill battle' with Interior Secretary Dirk Kempthrone in charge, a Bureau of Indian Affairs official said.

The BIA is reviewing two off-reservation casino proposals in Wisconsin. But George Skibine, the number two at the BIA, said it's not clear either will win Kempthorne's support.

'Given the secretary's position on off-reservation gaming, it is an uphill battle,' Skibine told The Milwaukee Journal-Sentinel.

The Menominee Nation hopes Kempthorne will say yes. The tribe and its supporters launched a newspaper ad and web site (http://www.casinocompetitionforwisconsin.com/) to counter attacks from the Forest County Potawatomi Tribe, which operates an off-reservation casino in Milwaukee.

The other off-reservation casino is being proposed by two Chippewa tribes. Skibine said a BIA decision on the Menominee casino could come by the end of the summer..."

Off-Reservation Casino faces uphill battle

posted 7.09.07 at JS Online:



"Tribe counters casino criticism

...The campaign comes as federal officials are wrapping up their study of the casino bid. Interior Secretary Dirk Kempthorne might issue a decision before the end of the summer, said George Skibine, who oversees the Bureau of Indian Affairs' Office of Indian Gaming Management.

If Kempthorne approves the project, it would go to Gov. Jim Doyle, who has veto power over off-reservation casinos in the state.

Doyle has not said whether he would approve the Kenosha casino or the gambling hall planned for Beloit by two Chippewa tribes. Skibine, however, was not optimistic that either would win Kempthorne's blessing.

'Given the secretary's position on off-reservation gaming, it is an uphill battle,' Skibine said.


What secretary has said
Skibine noted that Kempthorne has talked about how as Idaho governor, he told a tribe in that state that he would veto its off-reservation casino bid.

And in February, the Bureau of Indian Affairs told numerous tribes seeking off-reservation gambling halls that the bureau frowned on 'reservation shopping' - searching for land far from reservations to open casinos.

The Kenosha site is about 200 miles from the Menominee's reservation near Keshena..."

Tuesday, June 12, 2007

Secretary Kempthorne true to form hasn't approved Catskills casino

6.12.07


Catskill casino a waiting game
By Victor Whitman

Times Herald-Record

Monticello — It's been nearly five months since Gov. Eliot Spitzer OK'd a Catskill casino, in what many saw as a watershed moment.

Now, five months later, the paperwork is ready to go, but still no word from Interior Secretary Dirk Kempthorne on whether he'll approve the St. Regis Mohawk casino at Monticello Gaming & Raceway.

The Bureau of Indian Affairs completed its review more than a month ago.

"Governor Spitzer has spoken on several occasions to Secretary Kempthorne, and he'll continue to press the secretary for his approval," Spitzer's spokeswoman, Christine Pritchard, said. "The conversations were substantive in nature, including the governor's explanation as to why the casino would benefit both the tribe and New York state."

Kempthorne is touring Guam and other American possessions in the Pacific. Spitzer is planning another call when Kempthorne returns this week.

"The Tribe has remained confident and optimistic ," the Mohawks said in a statement yesterday. "We are hopeful approval is in fact imminent."

BIA spokeswoman Nedra Darling said that the paperwork is now on the desk of James Cason, a top Interior official who is regarded by the Mohawks and casino supporters in Congress as friendly to the project. He will make a recommendation to the secretary. But Kempthorne opposes off-reservation casinos, concerned that if he approves one, he must approve them all.

U.S. Sen. Chuck Schumer says he doesn't have a good sense of what Kempthorne will do. Kempthorne still must agree to take just less than 30 acres of land into trust. With roughly 30 applications pending across the country for off-reservation casinos, Schumer fears Kempthorne might take no action, delaying the decision for at least another 18 months.

"There will be little to gauge the process at this point until the final call is made," said Charlie Degliomini, a vice president with Empire Resorts, owners of the Raceway.

"This application is under active and imminent consideration. From our perspective, failure is not an option."

Wednesday, May 30, 2007

Mayor doing damage control for gaming syndicators says casino deal not yet a bust

The Eureka Times Standard reported "Big Lagoon's Barstow casino project a bust?" on May 20th following an interview with Big Lagoon tribal Chair Virgil Moorehead.

Moorehead had indicated that if the tribe didn't have a hearing before the CA Senate Committee overseeing Indian Gaming by May 24, he would abandon plans for a Barstow casino and resurect the tribe's plans for a modest casino at home on their Humboldt County Reservation. It appears that was another in growing list of idle threats the tribe's chairman has made over the last five years.

Attempting once again to quiet rumors that the casino project had hit a fatal milestone, Barstow Mayor Lawrence Dale reports a conversation he has had with representatives of the Detroit casino syndicators (Barwest). The statement they prepared for him is flawed, but listen for yourself.


Barstow Mayor Lawrence Dale fronting for Detroit casino syndicators
attempts to quiet headlines suggesting dual off-reservation casinos deal is a bust



The tribe has a gaming agreement signed by Governor Arnold Schwarzenegger two years ago which the legislature has refused to ratify since. An Assembly committee voted to deny ratification to the agreement in June 2006.

The agreement includes a May 31st deadline that the tribe has failed to meet by which the Interior Department was to have taken land in Barstow owned by Detroit Casino syndicators into trust for the tribe's proposed casino. Current Interior Secretary Dirk Kempthorne is not likely to approve any such move during his tenure.

An extension of the May 31st deadline through August 2007 buys nothing as the tribe will still not have the land in Barstow taken into trust by that time.

Through Barstow's Mayor, the Detroit casino syndicators are suggesting that Governor Schwarzenegger has agreed to make modifiactions to the agreement he signed with the tribe in 2005. Subsquently the Governor has approved and is backing other gaming compacts that are anticipated to bring $500 million in new and much needed revenue each year to the state; the Big Lagoon tribe and its Detroit backers have worked to block those agreements.

Thursday, May 10, 2007

BIA official cites changing climate on gaming

George Skibine, an Interior Undersecretary who heads the Bureau of Indian Affairs, indicated wed. that Secretary Dirk Kempthorne is no fan of off-reservation gaming. He characterized the forecast for any off-reservation casino approavls as "gloomy and bleak." Skibine said new regulations governing off-reservation proposals are due out this summer.



read more digg story

Monday, March 12, 2007

Casino approval would rest with Secretary of Interior

Cason said final approval is not guaranteed, noting that the casino would be 450 miles from the tribe's reservation and that the department was worried about the proliferation of off-reservation casinos. Sources in government say Kempthorne is behind the tough talk."I think Secretary Kempthorne is very appropriately and legitimately concerned a



read more digg story

Saturday, March 10, 2007

Kempthorne delt 'spanking' to 42 tribes chasing off-reservation gambling

But now you can blame California tribes for the cold shoulder a Catskill casino is getting in Washington.In 2006 alone, tribes there filed 10 applications. To date, 19 California tribes want to build casinos, and 14 of those are off-reservation casinos. California has more than 50 Indian casinos located on reservations.

Earlier this year, Interior Secretary Dirk Kempthrone dealt a spanking to all tribes with dreams of an off-reservation casino. Don't bet on approval, he told 42 tribes seeking casinos, including The St. Regis Mohawks, who want to build a casino at the Monticello Gaming & Raceway. In reality the Mohawks are caught in a backlash that is not of their making. The Mohawks submitted their original application for a casino at the track in 1999, the oldest on the books. In 2005 and 2006, though, tribes flooded the BIA with off-reservation proposals, attempting to beat new federal rules that might rule out any casino beyond 50 miles of the tribe's reservation. California has the most.


read more | digg story

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