"There's been no decision with respect to video poker. There's been discussion, but it's the least-favored option," said attorney Jay Bender. "The most-favored option, by far, is still Class II Bingo at Santee."

Southern Property Management mailed a letter to tribal members offering them an opportunity to apply for one of 18 positions at the video poker operation.

"While Class II bingo in Santee remains the Nation's preferred method of revenue generation and economic development, we now must prepare for alternative programs in the event the governor and others continue to block the Nation's efforts," the letter stated. "Accordingly, the Nation and SPM, as their development and management partner, is preparing for the opening of a gaming facility on the reservation that will feature the operation of video poker games as permitted by the settlement agreement between the Nation and the state."

The tribe is recognized by the United States as a limited sovereign Indian nation. The recognition came with the 1993 federal and local settlement referred to in the letter. The settlement stopped a barrage of legal filings that could have brought as many as 60,000 landowners in York, Chester and Lancaster counties into a court fight over compensation for 144,000 acres of Indian land taken in the 1840 Treaty of Nation Ford.

The settlement also granted the York County-based tribe special licenses to operate two bingo parlors, one of which must be in the boundaries of the original land claim. The Catawbas opened their Cherry Road bingo parlor in 1997.

The anticipated opening for the video poker operation on the reservation is December, the letter stated. Tribal members can apply through Saturday for positions ranging from general manager to cook. Interviews will be conducted Monday through Nov. 28, the letter stated.

Catawba Chief Gilbert Blue was out of town Wednesday. When reached by phone, he referred all questions about the letter to the tribe's attorney.

The letter is a direct response to Gov. Mark Sanford's opposition to the tribe's request for a second bingo operation in the state, Bender said.

In August, Catawba leaders announced a proposal to operate a second bingo hall in a former outlet mall in the Santee area off Interstate 95. The 24-hour, seven-day-a-week bingo hall operation in Santee could help the local economy there as well as members of the tribal lands in York County, Catawba leaders said.

"If as a consequence the governor continues opposition at Santee, then the tribe, if it chooses to exercise video poker, will have to hire people and have someone to run it," Bender said.

York County Sheriff Bruce Bryant said his department will be there when and if the Catawbas open a video poker operation and will do whatever is necessary to enforce the law. Video poker was banned in South Carolina in July 2000.

"I don't care if it's the Catawba Nation or a local convenience store," Bryant said. "Video poker and possession of video poker machines is illegal in South Carolina."

Bryant has the support of 16th Circuit Solicitor Tommy Pope and Sanford.

"If they (the Catawbas) want to go forward, the sheriff will be there to do what he needs to do, and I'll be there to support him," Pope said.

After reviewing a copy of the letter, a spokesman from the governor's office said state law is clear in not allowing video poker.

"If the Catawbas are determined to break the law," said Sanford spokesman Will Folks, "the governor will be equally determined to enforce it."

Sen. Wes Hayes, R-Rock Hill, has long said he'd do what he could to stop the Catawbas from successfully operating a video poker establishment on their York County reservation. On Wednesday, he said the Cataw-bas should not be treated any differently than anyone else in South Carolina.

"I just don't think there's a legal basis for the tribe's claim of special privilege," Hayes said. "What they can and can't do on the reservation is spelled out in the agreement and the law."

Bender said the tribe has to protect its economic survival.

"The settlement has been good for York County because it allowed for expansion. But the Catawbas came out on the short end of the stick," Bender said. "I think the tribe would be foolish to sit back and do nothing. They have to explore options."

Contact Denyse Clark at 329-4069 or mailto:dclark@heraldonline.com Contact Jason Cato at 329-4071 or mailto:jcato@heraldonline.com