WASHINGTON -- Tribal officials complained to a Senate panel Wednesday that an expanded federal Indian gaming commission is overstepping its regulatory authority.

Sen. Ben Nighthorse Campbell, R-Colo., the chairman of the Senate Indian Affairs Committee seemed sympathetic to the complaints.

"Here in Congress, we have what we call the law of unintended consequences," Campbell said. "I can tell you right now that we intended for the (National Indian Gaming) Commission to help in training, oversight and regulation, but we never intended it to be used as a punitive mechanism."

In 1997, Congress allowed the regulatory commission to increase total assessments on tribal gaming operations, including casinos, from $3 million to $8 million per year.

The fee hike enabled the commission to more than double its staff from about 30 to 77, and paid for the opening of five regional offices outside its headquarters in Washington, D.C.

"This is, no doubt, a far cry from just two years ago when, as you know, the (commission) had a handful of investigators `working out of their cars,'" said Monte Deer, the chairman of the National Indian Gaming Commission.

Deer told the Senate panel the expansion was necessary to regulate a rapidly growing tribal gaming industry. From $500 million in gross revenue in 1988, Indian gaming operations have increased their annual gross take to $9.6 billion, Deer said.

But the commission's ruling that the Siletz Tribe of Oregon violated federal law by "comping" its gaming customers drew a bitter protest from tribal chairwoman Delores Pigsley. Comping is a gaming practice of providing free meals and entertainment for customers.

"This is an unacceptable assertion of power by the commission and, if not challenged, would lead to the business management of tribal gaming enterprises by commission regulation," Pigsley said.

Rick Hill, chairman of the National Indian Gaming Association, also said he was uncomfortable with the commission's expansion.

Gaming tribes paid for the commission's expansion through assessments and continue to submit financial audits to the commission, Hill said. He said tribes should be allowed to see the commission's audits but aren't.

"Specifically, our member Indian nations sought some insight regarding the (commission's) recent actions and its plans to implement the new resources at its disposal," Hill said. "To date, no satisfactory explanation has been given."

Deer chose not to respond to the charges during the hearing but said afterward, "The truth will come out."

Tracy Burris, chairman of the Oklahoma Indian Gaming Association, urged the committee to clarify that electronic bingo does not qualify as casino gambling. Since Oklahoma tribes have not yet negotiated a gaming compact with the governor, they are not allowed to operate casinos.

While the commission has agreed that electronic bingo is not casino gambling, the Department of Justice has not, Burris said. This has required the tribe to spend millions in legal fees, he said.

"We respectfully request that the committee pass legislation to resolve this issue or direct the (commission) to enter into a rulemaking process to bring greater clarity," Burris said.

(Las Vegas Review Journal)