Attorney General Stenehjem of North Dakota Cannot Stop Tribal Casinos

Generally, Indian Tribes across the United States are permitted to put up businesses for their tribes like casino establishments and stuff by the officials of whatever state that they are living in with the conditions like that the businesses that they will put up be located on their reservation lands or a place near it. Sometimes, they even enjoy the privilege of not paying so much money to the state, keeping their revenues intact.

The problem comes when, for instance, some of these indian tribes wants to use electronic video bingo machines which really bears a strong resemblance to a slot machine. These video bingo machines are classified as "Class II" machines which, if used, cannot be subjected to the states regulation and taxation.

This is exactly what is happening in North Dakota. Attorney General Wayne Stenehjem has admitted that if the Indian Tribe of Turtle Mountain Band of Ippewa push through with their plan of constructing a casino which uses and offers electronic bingo to its customers, even if the machines strongly resembles slot machines, he cannot stop them.

Even if he voices his objections to an off reservation gaming, because the casino will be built south of Grand Forks, which is not considered a trustland; he is powerless to stop them from constructing a casino classified as "Class II"

Fortunately, in this situation, Governor John Hoeven can still stall if not completely stop the planned construction of the casino in Grand Forks so the tribe cannot think that it is off the hook yet.

Turtle Mountain Tribe officials needs to convert the land in Grand Forks in to a trustland if they want to put up their casino on that place so that it can come under the jurisdiction of the Turtle Mountain Band tribe. Even if the federal government agrees to the planned conversion of the lands by the Turtle Mountain Tribe, Gov. Hoeven can still veto the whole idea.

Governor Hoeven refused the Turtle Mountain officials plan of having slot machines on their casinos that they are planning to build earlier this year because he is not too keen on the idea of expanding gambling operations in their state.

The state gaming compact also has to be revised if they would be allowing slot machines to be used because they are categorized as "Class III" gaming machines unlike the electronic video bingo machines that falls on the "Class II" category and does not need any amendment.

The Tribe then decided that they would replace the slot machines with the electronic video bingo machines after learning from their consultants that it is the same as a slot machine but it is not regulated as a "Class III" equipment for bingo gaming purposes. So there is no need to modify the state gaming compact.

However, after consulting with his legal consultant, Duane Houdek, Gov. Hoeven begs to disagree; saying that because the two machines are still the same, there is no point in simulation.

Attorney General Stenehjem said that the Governor will do whatever it takes in his power to stop the planned casino. Though it does not mean that he can officially treat the video bingo machines as "Class III" machines because it is still a "Class II" machine. It is just his position on the matter and he will exercise his veto power accordingly.

Tribe Chairman Ken Davis said that his tribe might put electronic video bingo machines on their existing and established trustland in Williston, N.D., and in between Minot and Bismarck. In doing this, they would remove the governor's veto power from the equation and the attorney general also has no power to regulate bingo machines because it does not apply on those lands.

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