Gaming Pueblos, Tribes Pay $6 Million in Taxes to New Mexico
Story-Date: 02:56 p.m. PST Tuesday  , February 3, 1998

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Gaming Pueblos, Tribes Pay $6 Million in Taxes to New Mexico


By Karen L. Testerman, Indian Country Today, Rapid City, S.D.
Knight Ridder/Tribune Business News

SANTA FE, N.M.--Feb. 2--Is it illegal taxation? The state of New Mexico
continues to bully the gaming Pueblos and tribes with an imposed 16 percent
revenue-sharing provision.

Seven Pueblos sent payments to the state, while one says its payment will
be late. The other four Pueblos and Tribes have not sent in payments. The
due date for the second quarterly payment under last year's law legalizing
Indian gambling in New Mexico was Jan. 26.

The state hasn't heard from the Pueblo of Isleta or the Jicarilla and
Mescalero Apache Tribes.

But, of the seven that did pay, the state reeled in more than $6 million
according to State Treasurer Michael A. Montoya.

The Pueblo of San Juan sent in $420,500; Pueblo of Pojoaque, $593,395;
Pueblo of Santa Ana, $721,630; Pueblo of San Felipe, $797,252; Pueblo of
Acoma, $825,579; and the Pueblo of Tesuque paid $893,813. The largest check
came from the Pueblo of Sandia, totalling $1.8 million and $204,700 in
regulatory fees.

The Pueblo of Taos notified Mr. Montoya that their payment would be in by
Jan. 30 if the tribal council approves it.

The Mescalero Apache Tribe took its stand in October when the first
payments became due, by putting the funds into escrow, and challenging the
revenue-sharing requirement through arbitration with the state.

Now, the Jicarilla Apache Tribe is following suit, by holding their payment
pending a separate appeal to the Department of the
Interior.

All the pueblos and tribes have reiterated that the revenue-sharing
provision of the 1997 New Mexican Indian Gaming Compacts violates the
federal Indian Gaming Regulatory Act, which doesn't allow states to tax
Indian gaming.

Representative James Roger Madalena, D-Jemez Pueblo, is expected to
introduce a bill during the legislative session that would provide a
recourse to amend the compacts between the pueblos, tribes, and state.

The gaming pueblos and tribes of New Mexico support the bill, because
the compacts were devised by the state without negotiations or input of the
pueblos and tribes.

"The federal Indian Gaming Regulatory requires each gaming compact be
negotiated between a State and a Tribe," wrote former Governor Ron Shutiva
of the Pueblo of Acoma, in a letter that accompanied its first payment.

"The 1997 Compact and Revenue Agreements were not negotiated in good faith.
They were legislated by the state, and became available to the tribes on a
"take it or leave it" basis.

"To keep our casino open and operating, this Pueblo's Tribal Council
expressly authorized the Pueblo governor to sign the documents "under
protest" and asked the Secretary of the Interior to approve the Compact and
Revenue Sharing Agreements "to the extent consistent with IGRA."

The next payment is due April 27.

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(c) 1998, Indian Country Today, Rapid City, S.D. Distributed by Knight
Ridder/Tribune Business News.



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