WASHINGTON - U.S. Sen. Lindsey Graham has pulled his support for
proposed federal legislation that would allow the Catawba tribe to
expand its gaming operations in South Carolina.
Graham said Thursday he still wants to find a way to permit the
tribe to build a second bingo hall off I-95 in Santee, but he needs
to study more carefully the potential implications of the measure
with Gov. Mark Sanford, who is opposed to it.
"The lawyer in me is making me ask questions," said Graham,
R-S.C. "What consequences will this have for the state when I'm dead
and gone?"
Graham's retreat from the measure, which would have allowed the
Catawbas to operate a higher-stakes bingo hall than the one they now
run in Rock Hill, was met with disappointment by the tribe.
"That's a shame," said Jay Bender, an attorney for the Catawbas.
"The only reason he's putting the brakes on it is that the governor
has articulated his opposition."
Graham and Sanford, also a Republican and a close friend, had
come to an impasse on the measure in the past few days.
Graham supported it, and had been trying to find a Senate bill to
attach it to. Sanford opposed it, and had called at least one other
U.S. senator, Nevada's John Ensign, to express his concerns.
Increasing reticence about the proposal from Graham and others
means the support of U.S. Sen. Fritz Hollings, D-S.C., might not
mean much.
"We had been working with Senator Graham on this," said Hollings'
spokesman, Andy Davis. "This is a notable setback. It makes it
difficult to pursue."
At issue is a proposed law sought by the Catawbas and pushed by
Graham - along with Hollings and U.S. Rep. Jim Clyburn, D-S.C - that
would place the tribe under the Indian Gaming Regulatory Act.
That would allow the tribe to pursue Class II gaming, which
includes a type of higher-stakes bingo currently prohibited under
its 1993 agreement with the state and federal governments.
That agreement gave the Catawbas the right to open two bingo
halls. They opened one in Rock Hill in 1997 and are eyeing land for
a second one in Santee, off I-95 in Orangeburg County.
But Gilbert Blue, chief of the Catawba Indian Nation, said the
Santee project isn't economically feasible if the tribe isn't
allowed to run the sort of bingo game permitted under the Indian
gaming act.
"We can't go with regular bingo," Blue said, adding that the
project would require an initial $8 million to $10 million
investment by the tribe.
The higher-stakes bingo Blue envisions would electronically
connect the Santee operation to other Indian bingo games across the
nation, raising the potential payoff for players over the $100,000
limit imposed by the 1993 agreement.
But Sanford has said he doesn't want the Catawbas to run a
gambling operation any different from what's described in the 1993
accord. He is worried, he said, that placing the tribe under the
Indian gaming act would allow the federal government to wrest
control of gambling away from the state.
Gambling foes have expressed fears that coming under the federal
act eventually could bring full-fledged casino gambling - including
games such as blackjack and roulette - to the state.
Blue said he had heard that Sanford was trying to block the
measure by calling on Ensign, Sanford's friend.
A Sanford spokesman Thursday said the governor called Ensign
after learning that the Nevada senator had problems with the measure
to expand Catawba gaming rights. In the call, Sanford expressed his
own concerns about the measure.
Bender, the lawyer for the tribe, sees Ensign as a biased
obstacle. "Nevada senators see their life's work as preserving
Nevada's gaming monopoly," he said.
Ensign could not be reached for comment Thursday.
The Catawbas, the only federally recognized tribe in South
Carolina, met with Sanford on Thursday morning to try to allay some
of his fears. Blue said he was upfront with Sanford.
"I told the governor, 'Yes, we would like casino gambling, but we
will do without it,'‘" Blue said, adding that he knows opposition in
the state runs too high to achieve that goal.
And he promised Sanford that the legislation the tribe seeks from
Congress would expressly prohibit casino gambling.
That, said Graham, is one key concern he has about the measure he
was once pushing: The Catawbas could challenge a statute that placed
it under the Indian Gaming Regulatory Act but prohibited it from
pursuing casino gambling. Graham opposes casino gambling in South
Carolina.
On the other hand, Graham said, the 1993 agreement currently
governing the Catawbas' gambling rights also could be called into
question. It gave the tribe the right to earn money with bingo
halls, but then the state, by starting a state lottery last year,
began to compete with the tribe.
Since the lottery was established, Bender said, the Catawbas'
bingo revenues have dropped 60 percent.
Graham said he still believes federal legislation is the best way
to address the state's gaming issue, but that it's going to take
several weeks before he and Sanford decide on a strategy.
Reach Markoe at (202) 383-6023 or lmarkoe@krwashington.com