Boren, Cole torn between interests
Boren, Cole torn between interests

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By Tony Thornton
Published: February 24, 2008

What's a representative to do when his home state's financial interests conflict with those of an industry that contributed heavily to the congressman's campaigns?

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That's the situation Dan Boren and Tom Cole face as federal regulators ponder new rules governing the lucrative Indian casino industry.

During a congressional field hearing on the issue in Oklahoma last week, Cole, R-Moore, called the proposal "not only destructive, but highly unjust.”

Boren, D-Muskogee, said before the hearing that he was open-minded. However, his questions to witnesses and comments during and after the hearing indicate he opposes the planned rules.

Their stances may put them at odds with state officials, who say the proposal would generate more money for Oklahoma's public education system.

Boren called the hearing of the Natural Resources Committee, held in Miami, OK. He and Cole, a Chickasaw Nation member, were the only House members to attend. Oklahoma's third member of that committee, Rep. Mary Fallin, R-Oklahoma City, sent a staffer.

The four-hour hearing involved the National Indian Gaming Commission's attempt to clarify the difference between Class II and Class III gambling.

Class III games are slot machines like those found in Las Vegas.

Class II involves games based on bingo. Or at least that's what the Indian Gaming Regulatory Act of 1988 intended.

Since then, critics say, technology has allowed tribes and gambling machine makers to bypass the law's intent by crafting games that more closely resemble slot machines than bingo.

What are the consequences?
The difference has huge financial ramifications. Tribes give their respective states a cut to offer Class III gambling. Class II requires no such agreement.

In Oklahoma, tribes must pay the state 4 to 6 percent of their machine revenue from Class III games. The state is on track to make $62 million this year from those machines. That money is earmarked for education.

The Chickasaw, Cherokee and Choctaw tribes are by far the leaders in Oklahoma's gambling industry. All three pay the state, on average, more than $1 million a month in compact fees.

However, the state still has an estimated 25,000 Class II machines — far more than any other state.

The tribal gambling industry has spent untold millions of dollars since 2003 to kill federal regulators' effort at clarifying the difference between the two types.

Most experts say the proposed rules would force Oklahoma tribes to use compacted games exclusively, resulting in millions more per year for education.

Boren said he's not convinced that would happen.

Gambling interests give to campaigns
Both Boren and Cole rank near the top in gambling-related campaign contributions among House members for 2006 and 2008, according to opensecrets.org, a Web site run by the Center for Responsive Politics.

For the 2008 cycle, Cole has received $38,600 and Boren $33,700 from the gambling industry (including tribes), ranking them sixth and eighth among all House members, according to opensecrets.org.

For 2006, Cole received $70,307 and Boren $42,375, ranking them 11th and 17th.

Fallin has received $14,750 from gambling interests for the 2008 campaign and $16,600 in 2006.

Cole said his opposition to the proposed Class II rules should be no surprise, since he's a Chickasaw Nation member and because Oklahoma has the nation's largest percentage of American Indians.

"The belief by some that there is a difference between the interests of the tribes and the schoolchildren of Oklahoma is, in my opinion, a false and misleading dichotomy,” Cole said after the hearing.

"To suggest that it is appropriate to cripple an industry that provides millions of dollars for education, health care, housing, senior citizen centers, wellness centers and a myriad other social services in order to increase money for the state is essentially robbing Peter to pay Paul. It makes no sense.”

He said the Class II changes would cause massive lost revenue, significant job losses and possible casino closures.

"Clearly the adoption of the regulations in question is bad for the tribes, the school children of our state and the economy of rural Oklahoma. I will do everything I can to see that they are not adopted or implemented as written,” Cole said.

Boren also said the proposed regulations would cripple tribes, which are his district's largest employer.

"After review of the testimony by the panelists, it is clear to me the NIGC (National Indian Gaming Commission) proposed these regulations without forethought for the economic impact on rural Oklahoma or in-depth consultation of the affected parties,” Boren said Friday.

"The state of Oklahoma, the tribes of Oklahoma and local communities have long been partners for the continued prosperity in our state,” he said.

Fallin said she generally opposes gambling in Oklahoma.

"However, I am curious about the motivation behind the proposed change which, by some estimates, could render nearly one half of Oklahoma's games obsolete. It appears we are trying to change the rules in the middle of the game,” Fallin said.

Where does state stand?
Governors of two Indian gaming states, South Dakota and Washington, recently urged regulators to pass the new rules.

Oklahoma Gov. Brad Henry hasn't filed an official comment with federal regulators. His com-munications director, Paul Sund, said Henry hasn't reviewed the proposed regulations.

"However, he believes that greater clarity in the definition of and distinction between Class II and Class III games benefits everyone and reduces the potential for confusion and the possibility of protracted, expensive litigation.

"While the governor supports rules that will result in greater revenues for public education, he believes the regulators should listen carefully to the concerns of all interested parties,” Sund said.

State Treasurer Scott Meacham, the state's main negotiator of the tribal gaming compacts, also said he supports greater clarity between Class II and Class III games.

"Obviously if there are more games that would fall under our compact, then the state would receive more revenue for education,” Meacham said.


 


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Floyd from Purtle, not to seem rude or Nosey, but when i read your post it seemed like you have some type of resentment towards Native American Tribes
Jason, Purcell - Feb 25, 2008 at 4:16 pm
Hey Jason from Edmond, I know you dont work for the Choctaw Tribe EDMOND is not within the Boundries. unless you travel to talihina. thats like a 100 miles.
and for your information i do work for a tribe, I work in their nutrition Department. so, please, dont bother touting your mouth off if you dont know what your talking about
Jason, Purcell - Feb 25, 2008 at 4:14 pm
news makes my point..I've made the comparison before but I can't help but mention that Al Capone gave just enough handouts to people in the neighborhood to buy the loyalty of many. But not enough to significantly cut into the bottom line. ---
Floyd R, Purtle - Feb 25, 2008 at 3:34 pm
There are many totally laughable points made in the article and the below posts. You folks actually buy the amount listed as the totals received by the two congressmen from tribal interests? Their support in these hearings is going to trigger a dozen fund raising suppers each, with the attendees tribal employees, officials, and contractors. Despite the fact the tribes negotiated a very favorable compact with the full knowledge the feds intended to make these changes and keep them remotely honest. They get hundreds of thousands. They use that money to leverage their ways into the federal coffers too...check out Senator Coburn's open-government website. Whose idea was it to privatize the dental services for our men and women in the Air Force and hire the CHOCTAW Nation to provide it. People complain about Haliburton. The only fair way to do this is permit a couple of private companies to put in casinos...say between Marietta and Ardmore, and another at Colbert. Miami and Erick. They'd gladly pay 15-25% and I'm thinking out-compete the tribes in no time. Gamblers could even see the actual odds of winning, and more likely, losing. We're still going to be playing this Indian sovereignty game in 100 years when it'll be pretty hard to find a tribal member with more than one-quarter heritage genetically. I've never seen how I could complain of mistreatment because 29 of my 5th generation ancestors mistreated the other 3. Yet thousands have been added to the rolls of the Choctaws for one in the last several years with less claim. _________Oh, yeah??!!
Floyd R, Purtle - Feb 25, 2008 at 3:29 pm
The Great Distraction!!!

No one wants to talk about the BIG WHITE ELEPHANT in the room. Its the Class II gaming vendors! They currently under Class II gaming regulations receive from the tribes 20 to 30% of the tribes profits. The gaming vendors are the ones who are behind this mess and you can follow their contributions to the front door steps of Cole and Boren.
If a tribe compacts with Oklahoma the class II vendors gets NOTHING, because he no longer can lease out the slot machines to tribes...under the class III compact, the tribes have to purchase their own slot machines.....all this mess is to protect the hundreds of millions of dollars that class II vendors receive from the tribes....and both Boren and Cole have sold not only the citizens of Oklahoma down the drain but the members of tribes who have no control over their bought and paid for leaders.

The abc of it;
Class II, 20 to 30% of profits goes to gaming vendors (slot machines companies)
Class III, 6% to the state of Oklahoma, no venders involved, the tribes actually make more money.

Do the math folks...
Creek, Oklahoma City - Feb 25, 2008 at 2:36 pm
d in moore, you should do your homework. some tribes actually still collect the school tax on tags and send the $'s to the appropriate schools. not to mention all the federal $'s being pumped. as for road funds look around lot of road improvements are being funded by tribes. and not just federal $'s. many of the $'s are coming out of profits from NA enterprises.
news, Shawnee - Feb 25, 2008 at 11:18 am
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Percy,
I agree. Not to mention all the Federal dollars sent to this school because of the high NA enrollemnt. You shouldn't need to look very far for the source of misapporpriation of funds. All schools recive enough to operate if the money is used properly. It may not be the first class education the kids deserve, but enough to function. Unfortunately the fox is watching the hen house.
news, Shawnee - Feb 25, 2008 at 11:13 am
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hey jason...lexington... i do the choctaws books..you work in food and bev? yeah right i dont know anything...wink...wink..
Randy, Moore - Feb 25, 2008 at 10:41 am
Elected officials are sworn to represent the people who elect them, not the special interest groups that fund their campaigns and line their pockets in a myriad of ways. Boren and Cole should be ashamed of themselves for even considering selling out their constituents so that a very few Native Americans can become rich at the expense generally of those who can ill afford to gamble. The entire concept of the IGRA is wrong. It grants virtual monopolies to an extremely small minority of citizens at the expense of the rest of us. I'd love to sit around and do nothing and receive thousands of dollars every month from my gambling interests and still receive FREE medical services, free schooling, etc. Well, nothing's free. Your and my tax dollars are paying for it. Did you know that Indians living on reservations do not pay any state taxes? Let Boren and Cole and all the other elected officials know we're tired of paying for the free ride that less than 1 million Americans are getting.
clark, santa teresa - Feb 25, 2008 at 9:20 am
Paul,the UKBC and CN donations are to be commended; however they do not solve either the accreditation problem or the environmental deficiences, both of which are long-developing and long-standing problems that should have been addressed by the indian nations. And were not. With 70% native american enrollment this is a school so obviously under the authority of the tribes that money from the gaming casinos should have rectified both of these problems in accordance with the law. I mean the law governing the distribution of tribal funds from the net proceeds of gaming. Including type II. I think Dan got 35k and Tom got 40k just to represent the interests of casino gaming for the tribes. According to them, that doesn't buy anything. So, you draw your own conclusions about how much good those amounts will do Lost City School district. I doubt that this little indian school will ever get the money it is legally entitled to from the tribes to compete with the white-bread schools in its area, and teachers don't go where they have to take a pay cut anymore. As for the mold, asbestos, failing foundations, leaking roofs, etc., these people deserve better treatment by the very people they are dependent upon for their funding. The more we learn about this, the more I tend to agree with the suggestion that we need a good oldfashioned grand jury investigation like the one that exposed the county commissioners years ago.
Percy F., Ardmore - Feb 25, 2008 at 9:15 am
The United Keetoowah Band of Cherokees gave the school $40,000 Friday, and the Cherokee Nation donated $35,000 to ensure the school makes Monday's payroll and can pay its vendors.
Paul, Tecumseh - Feb 25, 2008 at 8:33 am
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Jason from Edmond, I know y7ou dont know what your talking about, I* work for a Oklahoma tribe, and I can tell you that they spend the Tribes Money Wisley, so you and your so-called church whats the name of your "Church" any way
Jason, Purcell - Feb 25, 2008 at 8:29 am
Gambling perpetuates a disease, however, if it can fund the school system I'm sure it is needed and if they can't get it from the property taxes it has to come from other agencies.
Candace, Lakeland - Feb 24, 2008 at 10:04 pm
d, Moore...In the area of operations, our state is really pretty inefficient. Inefficiency is not necessarily the equivalent of graft or corruption. It would be great if state agencies were able to coordinate such things, but the agencies are not set up to transact in the way that you seem to suggest is lacking. In some ways, that may actually serve as a kind of safeguard, though perhaps inadvertently. Maybe...but then again, maybe not. _____If we aren't personally involved in these areas of operation, can we really expect to know and understand the procedure and the whys and wherefores?.
polly, nantucket - Feb 24, 2008 at 8:03 pm
The money must travel back and forth. The tribes cut the state a check for gambling money and the state cuts the tribes a check from fuel revenues. The tribes take money away from the schools and road funds with their sales of license plates and then cuts a school district (not necessarily the one they took the money from) a check. Now why am I specious of this whole thing?
d, moore - Feb 24, 2008 at 7:39 pm
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Percy, Ardmore...you have offered us the tools (questions) we need to use to define the situation and chart the proper course. You posed the questions that need to be answered. I appreciate your input. It is helpful. ________On the surface, it does seem it would be best for Rep.Cole to recuse himself from such decisions. ...it would relieve the pressure he will encounter. I know that sometimes what appears to be an easy solution or out is really not. I was serious when I said I feel he is a man of good character. Even men of good character can fall victim to a conflict of interest. I hope he does not. I hope whatever he does is the best thing...the appropriate thing for Oklahoma and his constituents. Maybe he can define the problem better than others can...maybe he has a handle on this. I would prefer he recuse himself....but he may feel he has a responsibility to carry the duties which is charged to fulfill. Excusing himself would certainly appear to be the thing easiest for him to do and the thing which would cause less controversy. Some people do the hard thing because it is the responsibility they have been given and they feel a commitment to accept that duty. I hope if he does not excuse himself, it is for that reason and not to appease a special interest group. I would be disappointed. Yet, I realize that on the surface, things might appear one way and yet be another. ________ Percy, I appreciated your other comments, too. Had our posts not crossed in cyberspace and I had read your post first, I would not have made any comments of my own in regard to the negative comments offered me. I am only making this post to thank you for your wisdom and your urging us to think and to think properly on this issue. I intend to follow your advice and see if I can find the answers to the questions you posed. Thanks, Percy. Good job!
polly, nantucket - Feb 24, 2008 at 5:58 pm
Hmmmmm........I have to wonder. Are you the "real" Jason, Edmond? Or the imposter? _______Whoever you are, it's certain that your minister doesn't have a clue when it comes to me and, obviously, neither do you. You have no discernment. It's obvious it is not one of your gifts. Now...I'm done with you. Narrow minded people such as you deserve no response. You obviously cannot engage in intelligent conversation... Goodbye, jason, edmond.
polly, nantucket - Feb 24, 2008 at 4:20 pm
Once more, stay focused people. People like Jason just get us lost in the muck they toss around. If the type II gaming, which produces no income for the state of Oklahoma, is producing the benefits for the state of Oklahoma, prove it. If the type III money is where the state is getting the benefit, that is what Tom Cole is opposing. How much money is derived from Type II gaming and how much from Type III gaming? How much of each goes to the state of Oklahoma for the education of Oklahoma children? No snake handling or scripture quoting or other irrelevant nonsense will answer those questions. Just facts. Get them. Share them. Seond, once the facts are straight, would Oklahoma school children benefit from greater dependence on Type III gaming than on Type II gaming? Facts will suffice here as well. Third, specifically, how will the reduction or elimination of Type II gaming and the simultaneous increase in Type III gaming "cripple" the indian nations? What numbers of people will stay away from casinos without bingo, but with slots, and what numbers of people will attend casinos with slots than currently stay away from bingo? Once again, no snake handling or name calling will answer this question. And is there an increased income from the nature of Type III gaming as opposed to Type II or is it the reverse?
Now for all those who want to get into the namecalling and snakehandling part of it, here it comes: why is Tom Cole's position not considered a "conflict of interest," and why should Tom Cole not be asked to excuse himself from voting on this issue?
And thanks, Jason, for the vote of confidence. I have never wanted to be associated with those people who have "business sense." I may frame your comment just to show it to my "scumbag, babbling idiot, crack addict" buddies at the reformatory. But you shouldn't lie about C. The minister of your church doesn't think.
Percy, Ardmore - Feb 24, 2008 at 4:16 pm
C, the minister of my church thinks your a babbling idiot. i think your a crack addict. congresspeople are scum of the earth________just like you.
Randy, Moore - Feb 24, 2008 at 3:16 pm
jason, Edmond...I don't attend a snake handling church. I don't have any snake bites. I stand by my assessment of our congressional delegation. _______I don't know what decision they will make. I don't know the answers. I do believe that we have sent people to Washington that seek to represent the best interest of Oklahoma. _____I am not hallucinating. ________Strange that you attack me because I see positive attributes in our representatives. I assure you that you can find good if you are willing to look for it. Try using Philippians 4:8 as your standard for a change. I contend that even your church most likely does not condone making up negative, insulting statements about others.
polly, nantucket - Feb 24, 2008 at 1:02 pm
Ah, the race card got played early. For those who can get past their prejudices, let's try to stay focused. How will removing bingo from the ticket destroy casinos? Does Vegas play bingo? How will sharing a measly 4% of the total take with all of Oklahoma's schoolchildren bring the apocolypse Tom describes? If Type II gaming income is not shared with the State, and it is Type II gaming income that supports all of these activities listed by Tom, exactly which senior centers, education, wellness centers are we talking about? Are they maybe not for ALL Oklahomans? Would that mean that some people here are against meeting the needs of ALL Oklahoma children with resources earned in and supported by Oklahoma in order to meet the needs of a select group of Oklahoma children? Now, if Tom meant that all those things were being supported by the current dispensation from the dreaded Type III gaming, isn't that interesting? Using the benefits of what you oppose in order to oppose it!
Percy, Ardmore - Feb 24, 2008 at 12:19 pm
wow. ballon statements from armchair psychcologists!! you people are way off base, and are getting none of the facts straight. the article isn't even right. the indians are not living up to the "spirit" of the pact. they are begining to feel the pressure all over the country. not only in oklahoma. they have been taking advantage of what they were given. they have not put in one cent to the education fund and the state does not regulate them. (which was supposed to happen with the passage of of HB712). yes Paul. if the indians paid there share it would be hundreds of millions of dollars. as for david thanks to the racetracks and lottery over 150 million has been put into classrooms in the past 2 years. and love the balloon statement about GA? you ever had a beer? then go to AA you alcoholic! grant you seem to be on target. percy you have no business sense, and you figures are off about 80%. C in pv seems to attend snake handling church and appears to be hallucinating from ten to many snake bites. martha your mislead...the compact money is pennys compared to the churn these casinos turn. jeff. thats right. its kind of funny how these crooks dont get audited huh? the keatings are in on it too. point is the casinos are a license to print free money that the state should be getting a piece of. did you people know that not even the tribes themselves know how much money they make? with all the kick backs paid im surprised more people arent ending up "scalped" in the trunks of cars. tribes need auditors. tribes need to pay there share. tribes and racing need expanded gaming. if you dont like gaming then dont go....church is down the street. but i bet more praying is done in the casino! peace out okies...you get what you deserve.
Randy, Moore - Feb 24, 2008 at 12:04 pm
At least the tribes do something for all the citizens. The Creek Nation does a lot in my area. Can't say the same about the state of Oklahoma.
Margaret, Holdenville - Feb 24, 2008 at 12:00 pm
Instead of blaming the tribes who are following the rules set forth in the compacts. Why not blame the guy who threw out the ridculus estimations of what the states part would be????? Do you even remember who said the casinos would generate hundreds of millions of dollar. No it's just easier to blame the tribes isn't it. Acceptable prejudice. Why? Would you be bashing the black community if it was them who were being attacked by the state?
Paul, Tecumseh - Feb 24, 2008 at 11:41 am
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Let's let both of these bums post some real stats on how much of the gaming revenue actually reaches the classrooms of Oklahoma. I love how they frame all gambling legislation is "for the children", all while their parents are attending gamblers anonymous meetings.
David, San Diego - Feb 24, 2008 at 11:03 am

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