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Unpublished Paper
Matching Actions to Words: The Promotion of Tribal Soivereignty Through Negotiated Rulemaking
ExpressO (2007)
  • Joseph M Cottle, American University Washington College of Law
Abstract

On May 25, 2006, the National Indian Gaming Commission (NIGC) proposed a new definition concerning bingo games and new classification standards for Class II games. The proposed rules likely will require Native American tribes to eliminate their Class II games or enter tribal-state negotiations to conduct Class III games. The process of proposing these rules deprived tribes of sovereignty since the tribes were not able to participate in the drafting of the proposed rules, the rules shift many Class II games to Class III games with weighty economic and political costs to tribes, and the ability to object to game classifications was limited to the NIGC chairman. Although the NIGC met potent objections to the proposed rules, the NIGC is moving ahead with the process of codification. This Comment analyzes the NIGC’s tribal consultation policy and proposed regulations, and proffers negotiated rulemaking between the NIGC and tribal governments as a means to promote tribal sovereignty and consent in the rulemaking process.

Keywords
  • Native American,
  • tribal sovereignty,
  • negotiated rulemaking
Disciplines
Publication Date
August, 2007
Citation Information
Joseph M Cottle. "Matching Actions to Words: The Promotion of Tribal Soivereignty Through Negotiated Rulemaking" ExpressO (2007)
Available at: http://works.bepress.com/joseph_cottle/1/