State must uphold tribal deals
In 2003, the Ho-Chunk Nation signed a compact with the state of Wisconsin that allows for expanded gaming in Wittenberg. The terms of the Ho-Chunk Nation’s expansion in Wittenberg were set by Gov. Jim Doyle more than 14 years, ago and the tribe has operated a gaming facility there since 2008.
Since taking office, Gov. Scott Walker has been clear that to approve any potential application for a new casino in the state, the application must have support from the community, consensus from the 11 tribal governments and no increase in overall gambling.
When Walker has had the opportunity to consider new gaming, he has stuck by his criteria. The governor had the authority to stop the expansion of gaming in Kenosha, but he does not have the same broad authority to approve or deny gaming expansion in Wittenberg.
The Kenosha and Wittenberg gaming expansions are two completely different situations.
In the Kenosha casino proposal, the governor was asked to approve the transfer of nontribal land for the purpose of new gaming. Any new off-reservation casino requires an extensive application and review from the federal Bureau of Indian Affairs before sign-off from the governor. The Kenosha proposal did not meet the governor’s criteria for new gaming on non-tribal lands.
Recently, the state of Wisconsin was made a party to a dispute between the Ho-Chunk Nation and the Stockbridge-Munsee Community over the expansion of gaming in Wittenberg. In this dispute, the land in Wittenberg has belonged to the Ho-Chunk Nation since 1969 and was long ago classified tribal trust property by the federal government. This means the land was eligible for gaming and gaming expansion as soon as the 2003 Doyle compact was signed.
Each of the tribal governments in Wisconsin have separate and distinct compacts with the state. The compacts are legal agreements. After an extensive review, the state concluded the Ho-Chunk Nation is in compliance with its 2003 compact.
I do not know what the Doyle administration’s reasoning was in agreeing to the expansion of gaming in Wittenberg, but I do know the state has an obligation to uphold the 2003 compact.
It is the state’s goal to maintain a good relationship with all of the tribal governments in Wisconsin. Our position on the dispute between the Ho-Chunk Nation and Stockbridge-Munsee Community has been clear: we will respect the terms of the compact. The issue is now before a federal court, and the state looks forward to a timely ruling. We continue to be guided by the compact language, the governor’s principles on new gaming and the law.
Scott Neitzel is the secretary for the state Department of Administration.