The Governor of New Mexico, Susana Martinez, explained to the state Supreme Court during a meeting on Wednesday that she has the authority not to approve a contract between New Mexico and the Fort Sill Apache Tribe, as it has not been federally recognized to provide gambling services on its reservation.
The Indian nation had previously filed a request to the Supreme Court, in order for the Governor to eventually sign the gambling compact. Gov. Martinez, on the other hand, asked the state’s highest court to reject the filing.
The Fort Sill Apache Tribe claimed that the Governor should agree to ink certain gambling agreement, just like the ones that were signed with some other local tribes back in 2001 and 2007. Although the tribe is not able to launch and operate a casino at present, an agreement with the state would permit it to open one when the right time comes. Tribal officials also pointed out that the fact it has not been federally approved to offer gambling services yet, should not be such a major issue.
However, lawyers for Gov. Martinez stated that the Fort Sill Apache Tribe’s land should be federally recognized in the first place and only then, a gambling compact could be signed.
This particular court filing has nothing to do with the agreement that the state Legislature approved mere days ago. Under it, several New Mexico tribes, which are currently managing casinos on the territory of the state, will be able to continue their operations after June 30, when their previous agreement was due to expire.
The new gambling compact, however, specifically excludes the Fort Sill Apache Tribe, due to the fact that it obtained 30-acre Akela Flats land back in 1999. Ten years later, the National Indian Gaming Commission ruled that no gambling venue could be built on the land in question.
Gov. Martinez promised that she would commence negotiations for a compact between the state and Fort Sill, once the nation gets the necessary approval from the federal government.
The tribe was repeatedly accused of trying to “manipulate state law and state courts” in order to achieve its goals. For instance, it managed to get itself listed on the official site of the Indian Affairs Department, after it had submitted a request to the Supreme Court. What is more, it even secured itself with an invitation to the annual summit of the state-based Indian tribes from Gov. Martinez herself.
