U.S. House of Representatives Seal U.S. Congressman
Congressman James E. Clyburn
Sixth District, South Carolina

Capitol Column

1703 Gervais Street  •  Columbia, SC 29201  •  (803) 799-1100  •  Contact: Hope Derrick
 

S.C. Lottery Nullifies 1993 Catawba Settlement 

October 18, 2003

 

            There appears to be a stalemate in the Catawba Indian tribe’s efforts to fulfill the 1993 land claim settlement with South Carolina and the federal government that entitles them to operate two high-stakes bingo facilities in the state.  The tribe has run a bingo operation in Rock Hill since 1997, and this year asked for federal approval of a second site in the Orangeburg County town of Santee. 

 

            Santee sits along the shore of Lake Marion near the intersection of I-95 and I-26.  It is a prime location for tourist-related industry, and there is a long history of Native American culture in the area.  I encouraged the tribe to locate their second bingo facility along the I-95 corridor because their operation would help attract tourists to this region and provide jobs, two things this region is sorely lacking. 

 

            In order accomplish this goal, I have championed the Catawbas’ efforts to be brought under the federal Indian Gambling Regulatory Act (IGRA), which controls the operation of tribal bingo and casino operations.  The tribe must join IGRA in order to offer high-stakes, multi-state pots, much like playing the lottery’s Powerball.  Without inclusion in IGRA, the Catawbas will not be able to compete with the South Carolina lottery nor will it be financially feasible for the tribe to build a second bingo facility.  Since the lottery was established, it has robbed the tribe of more than half its annual revenue. 

 

            I mentioned that IGRA governs high-states bingo and casinos.  Opponents of this action claim this will open the door to Las Vegas-style casinos in South Carolina.  That is not the Catawbas’ intent, and legally they are prohibited under IGRA from engaging in forms of gambling that are prohibited under state law.  In addition, the IGRA designation is site specific to the Santee location and will have no effect on the Catawbas’ Rock Hill operation.

 

            Still the governor and other state leaders are not pacified, and argue the state government should control any gambling in South Carolina.  However, the tribe can not become a player in high-stakes bingo without federal approval to join IGRA.  So we are left in the unfortunate position that the state and federal governments are at odds, and without resolution the Catawba Nation cannot fulfill the 1993 promised settlement without again returning to court. 

 

            In order to reach the original settlement, the tribe endured a 13-year legal battle.  The Catawbas accepted the state’s request that they not join IGRA at the time (making them the only federal recognized tribe in the country not under these gaming regulations), because the lottery was illegal in South Carolina and the Catawbas’ gambling operation would have no competition.  Now that same state government, that limited the tribe’s ability to expand their livelihood under IGRA, has dealt a crippling blow by becoming a competitor with the implementation of the lottery. 

 

            It is the State of South Carolina that has nullified the intent of the 1993 settlement by getting into the lottery business.  The Catawbas are seeking the only recourse they have to protect their livelihood and insure the state upholds its agreement to allow the tribe to operate two bingo facilities in South Carolina.  I will continue to champion their effort because I believe the tribe deserves to earn the livelihood granted by the original agreement.  I also believe a bingo operation in Santee will provide economic opportunities for an area that continues to be neglected by the state. 

 

            Another lengthy, expensive trial is not in the best interest of the tribe or our state.  However, without a fair resolution to the current stalemate that appears to be the road we are headed down again.  The Catawbas have had to fight for centuries to protect what is rightfully theirs.    I don’t expect them to back down now. 

 

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