I

t wasn’t too long after stepping foot inside the Beltway that

I began to question the sanity of my decision to uproot

my family from Santa Fe and its majestic Sangre de Cristo

mountains. Some of the best skiing is to be found in New

Mexico, yet I had arrived in Washington, D.C. just in time

to experience “Snowmaggedon.” This being the blizzard that

shut down a town where closure is simply an unwelcome

impediment and estimates for lost productivity run at a $100

million per day. In spite of it all, I could only embrace this

unscheduled intermission as time to contemplate the opportunity I have been given with the National Indian Gaming

Commission (NIGC).

As a Chickasaw woman, my determination to accept

opportunities as presented is firmly rooted in my concern for

the well-being of our tribal community. In my first sixty

days I understand how recent policy objectives of the Commission have placed a strain on relationships with the regulated community, the gaming industry, and federal policy makers. I am particularly concerned about the tension in some

of our relationships with tribes and their leaders. Thus, I

believe we are in an opportune period where the commissioners will be asked to examine the past and to repair and

strengthen these fractured relationships so that the dialogue

stems from a position of mutual respect.

The first step thus will be an aggressive effort to confer

with tribal leadership, tribal gaming regulators, and indeed

within the NIGC to examine our efforts at consultation. I

do believe that tribal consultation is the hallmark of healthy

government-to-government relations. I also understand that

tribal consultation stems from “the responsibilities that arise

from the unique legal relationship between the federal

government and Indian tribal governments” as set forth by

President Obama (Sec. 3 of EO 13175). It is clearly an important responsibility during this administration and the NIGC

has a history of engaging in tribal consultation. However, I

am aware of the perception by some that our process can be

superficial.

Tribal governments have asked that the NIGC not view

consultation as merely a process – i.e., something to check

off a list of requirements. I agree. An effective consultation

process must be in place to ensure a collaborative, meaningful process. Jefferson Keel, Chairman of the National

Congress of American Indians, has commented that tribal

consultation should be defined as a process of decisionmaking that works in a cooperative manner toward reaching

a consensus before a decision is made or an action taken.

Moreover, the end result of consultation should be that

these decisions and actions acknowledge the interest of both

federal and tribal governments.

The comments of NCAI, tribal leadership, tribal regulators, and the industry are well heeded. I believe that it is

imperative this agency undertake a careful examination of the

current consultation process with the ultimate goal of looking at how we involve tribes in the identification of issues and

the range of options. This will require revisions to our existing consultation policy. It will also require further discussions

with the tribes. It is therefore an important policy priority

for me during my term. It is an important opportunity that

I accept as presented. ♣

Steffani A. Cochran is Vice Chairperson of the NIGC.

She can be reached by calling (202) 632-7003 or email

steffani_cochran@nigc.gov.

22 Indian Gaming April 2010

SPEAK OUT

Strengthening the Tribal Consultation Process

by Steffani A.Cochran