Casino Enterprise Management

For the last decade the National Indian Gaming Association (NIGA) has remained vigilant on the issue of Internet gaming and the many possibilities that may come with its legalization. The debate over Internet gaming has begun anew in the 134th Congress, and NIGA continues to advocate, ensuring that Indian country has a voice in the discussion. During the past 10 years, there have been numerous attempts in Congress to first prohibit and then to legalize gambling online. Many of these bills have included provisions that were not in the best interest of Indian gaming or which failed to recognize Indian country’s unique place within the federal system.

Regardless of one’s viewpoint on Internet gaming, the benefit of Indian country’s position continues to be its experience in the gaming industry. Tribal government gaming has created 628,000 jobs for Native Americans and local communities and comprises 44 percent of all gaming in the United States. Indian gaming alone is responsible for more than $28.7 billion. Expanding to Internet gaming could provide additional revenue for economic development opportunities.

The debate on Internet gaming is of great importance to all tribal governments. Sovereign tribes in 28 states from across Indian country use gaming revenues to rebuild community infrastructure, educate native youth, improve health care for our elders, enhance public safety and much more. Those in the Internet gaming debate are realizing the depth and knowledge that Indian gaming brings to the table.

NIGA has been actively engaged in the Internet gaming discussion as it moves to dialogues of mobile gaming. As the debate intensifies, the NIGA Executive Committee’s Internet Gaming and Economic Development Sub-Committee continues to do its work in Indian country and has established guiding principles.

NIGA’s Internet gaming principles are more than policy recommendations; they are directives from our tribal leadership. As chairman, I have always made it clear that NIGA will not waver from its mission, which is to protect tribal sovereignty and the rights of all tribes to shape their economic future. NIGA’s principles do just that:

1) Indian tribes are sovereign governments with a right to operate, regulate tax and license Internet gaming, and those rights must not be subordinated to any non-federal authority; 2) Internet gaming authorized by Indian tribes must be available to customers in any locale where Internet gaming is not criminally prohibited; 3) Consistent with long-held federal law and policy, tribal revenues must not be subject to tax; 4) Existing tribal government rights under tribal-state compacts and Indian Gaming Regulatory Act (IGRA) must be respected; 5) The legislation must not open up the Indian Gaming Regulatory Act (IGRA) for amendments; 6) Federal legalization of Internet gaming must provide positive economic benefits for Indian country; 7) Indian tribes possess the inherent right to opt in to a federal regulatory scheme to ensure broad-based access to markets.

These leadership directives are just as important now as were the founding principles of the early days of Indian gaming. With many tribes relying on the subsidies of gaming revenue, mobile gaming is an attractive venture that relies on Internet gaming. In California, tribes continue to push for Internet gaming within the state as they hope to join New Jersey, Nevada and Delaware among the jurisdictions that legalized Internet gaming. On the federal level, there is an Internet prohibition bill but appeal among congressional leaders is still being determined to consider such a measure this year.

At the heart of the Internet gaming debate, tribes are simply asking to compete on an equal footing. To protect tribal sovereignty and to ensure equal access to the market, any Internet gaming legislation should be subjected to the full legislative process, including hearings and markups in both the Senate and the House.

Those in the gaming industry, including Indian country, have carefully monitored the mobile gaming phenomenon. The ability to play a game of chance or skill for money using a remote device with a wireless Internet connection is of major interest. Many mobile casinos are in operation, and some commercial casinos are starting to offer mobile platforms. Without a unified mobile gaming legislative framework, mobile gaming is uncharted waters for Indian gaming.

Industry trends illustrate the need to establish parameters as more mobile casinos, lotteries and sports betting providers are emerging in the marketplace. With legalization comes many questions about regulation. Mobile casinos are gambling sites that can be accessed on a mobile device via an Internet connection by way of an app or direct extension of the host site. This raises concerns about security, hosting, authenticity, compatibility, etc.

We can expect the remainder of 2015 to be challenging from a legislative standpoint. NIGA will continue to focus on using existing gaming revenues to help diversify tribal economies. We are hopeful that in the long term, tribal economies will continue to build upon those aspects that make Indian country unique.


Ernie Stevens Jr. is the chairman of the National Indian Gaming Association and a member of the Oneida Tribe of Indians of Wisconsin. He can be reached at (202) 546-7711.