Casino Enterprise Management

As the new Congress convened in January 2011, a slew of new faces, ideas and backgrounds filled the offices on Capitol Hill. To some, change is seen as a threatening move that thrusts them into the unknown. For leaders of the National Indian Gaming Association, this change looked more like an opportunity to educate and get engaged in the process, using the voice they’ve earned in Washington, D.C. And Ernie Stevens Jr., chairman of NIGA, and Kevin Leecy, vice chairman, see great opportunity.

The 12-person NIGA office in Washington, D.C., continues to keep in touch with numerous government committees and agencies. They also connect tribal representatives with lawmakers by facilitating meetings between the two. NIGA legislative staff members in D.C. spend their time focusing on communication with the federal government.

NIGA leaders believe it is their duty to reach out to newly elected leaders and educate them about Indian country. Leecy, who is also the tribal chairman of the Bois Forte Band of Chippewa in Minnesota, says he and others must do this, “so that when politicians are casting their votes that impact Indian country, they’re well-versed or well aware of our situation.”

Stevens says it’s important to make sure government leaders know how their proposals can create a real impact throughout Indian country. He explains, “It’s really important for us to tell Congress that it’s not just about folks playing a slot machine; the impacts of tribal government gaming resonate through our communities in so many ways.”

NIGA leaders say the association’s voice has been well received since the Obama administration has been in office. Stevens explains: “With this administration, we have familiar faces, we have people who walk their talk and we have people who are standing by tribal sovereignty and listen to tribal leaders, and that’s what we’re here for. That’s the point we’ve tried to make for years and we continue to do so. We really like the atmosphere on where we are with that.”

Since President Barack Obama’s statement regarding tribal consultation, it has been top of mind for many. Leecy plans to pay close attention to the NIGC consultation process with tribes, looking forward to the proposal that will follow the commission’s current review of the matter. He adds, “There is new leadership at the National Indian Gaming Commission, so I see it as a pivotal year for Indian country to come together and work out some regulatory issues with the NIGC.”

Stevens says that although NIGA leaders may not always agree with government agencies, they find common ground through education, understanding and listening. Specifically, he says, “It’s a good thing right now, what’s going on with consultation, especially with the NIGC and Department of the Interior; I have nothing but good things to say about the NIGC and their leadership role.”

 So far, Leecy and Stevens have been impressed by the Obama administration’s attention to consultation. Stevens says, “I think it’s a new day, and I’m hoping that that will help us strengthen our economy, strengthen our position in Indian country and Washington, D.C.”

The Issues

Last year, as Native American gaming leaders prepared for the trip to the annual NIGA conference and trade show, Internet gaming was the topic receiving much of their thought and time. Since then, a lot has changed. In October 2010, NIGA passed a resolution on the matter. Some had hoped to accomplish that in April 2010, but the topic was touchy. Some NIGA members see i-gaming as holding potential money-making opportunities; others see it as a threat to their brick-and-mortar operations, while others yet see it as a combination of the two.

The consensus is that i-gaming has to be done in a certain way to avoid hurting tribal gaming. Stevens breaks down the resolution. “I think it boils down to tribal sovereignty and respect for tribal governments,” he says. “I think that’s the bottom line. Once you wrap yourself around that, all the other points of the resolution wrap in there quite comfortably and it speaks very clearly on behalf of tribal leadership.”

Stevens says it’s no coincidence that the resolution was passed in time for G2E 2010 and the lame-duck session. After many meetings and discussions, NIGA set the table for the discussion that took place in December in Washington, D.C. Stevens says, “We had marching orders and we had established a very strong position on behalf of Indian country, and the leadership knew exactly what they were going to work with based on direction that they received.”

What may remain the same this year is a focus on i-gaming at the annual conference in April. The difference now is that federal i-gaming regulation appears to be off the table, from what most experts say, for the next couple of years. The focus will now be on states that may chose to regulate i-gaming within their borders.

On this matter, Stevens and Leecy say they and other NIGA leaders will rely heavily on state and regional Native American gaming associations to keep track of developments, provide input and share information with NIGA leaders. NIGA leaders will keep an eye on things as they evolve and assist when needed.

The general stance on the issue remains. Leecy explains:  “Any Internet gaming authorization must protect the existing tribal rights in the IGRA and the tribal-state compact. And, you know, any rights that states have, tribal governments should have equal access to. That’s why we’re going to pay attention to this and make sure that tribal governments are included in any language. Also, when we make these, consistent with long-held federal law and policy, tribal government revenues must not be subject to tax.”

As each state addresses i-gaming on its own, the need for communication among NIGA members is highlighted. But so is the fact that its members may not always agree. Leecy, who is also a member of the Minnesota Indian Gaming Association board, elaborates: “People have to also recognize that we’re not the states of the union, we’re individual nations that sometimes look at things differently. And as the National Indian Gaming Association, we respect that sovereignty of the tribes. That’s why we’ll defer things and certainly talk about them and how they’re going to affect everybody across Indian country, but we also need to respect the local decision.”

Another hot topic that has evolved in the last year is discussion surrounding the Carcieri v. Salazar ruling and off-reservation gaming. One year ago, NIGA leaders were hoping for a legislative fix of the Carcieri decision, which addressed the ability of tribes to take land into trust, separating tribes that were federally recognized before 1934 from those recognized after. This ruling froze action in the Department of the Interior, until recently.

The 2010 legislative session and lame-duck session came and went without the fix being passed. Now, many are wondering if the decision’s impact can be fixed without legislative action. Leecy explains, “I think we need to turn our attention to the Interior Department, which must implement the Carcieri decision administratively, and I think we need to work closely with the Department of the Interior to provide guidance or maybe a rule that clarifies implementation of land-into-trust policy and go that route.”

NIGA is still working with the National Congress of American Indians to push for a clean, legislative Carcieri fix. However, many see that as a challenge, especially now that Sen. Byron Dorgan (D-N.D.), who was a champion of the issues, is now retired.

More and more news has come up in the last year regarding off-reservation gaming. NIGA took a stance on this issue back in 2006 by passing a resolution that says tribes should have an aboriginal or historical connection to the land and respect the rights of any nearby tribes. “We continue to assert that within the Indian Gaming Regulatory Act there is a process, and while we’re not promoting any specific sites, we continue to advocate for all tribes to be able to exercise their sovereign rights under the Indian Gaming Regulatory Act,” Stevens says.

Jobs and the Economy

A major topic of discussion at the NIGA conference this year is sure to be related to jobs and the economy. Leecy will be asking members what long-term legislation they want to see from the federal government to help boost their community’s economy and provide long-term adjustments to help tribes. Job creation and overall economic improvement is a top issue in Washington, D.C., and NIGA leaders intend to share Indian country’s input with legislators.

Leecy believes tribes should continue to diversify, as he has done with the Bois Forte Band of Chippewa. “We have to look, and are looking at, different projects such as alternative energy. But we still need the help and support and funding to look at these projects from the federal government.”

Leecy also looks forward to the economy improving, so the availability of credit will as well, which gives tribes the opportunity to look into various health, welfare and infrastructure projects.

Stevens says, “We continue to look forward and analyze how we can put our best foot forward, whether it’s small business acts or working with the administration and recognizing what Indian country is doing to strengthen tribal sovereignty, I think, is very important.”

Stevens would like to see a renewed effort for tribal businesses to do more economic endeavors and partnerships together. This is something Stevens will be focusing on in 2011, by raising awareness of the American Indian Business Network. He points out that it is not just for tribal businesses. “It’s really important and vital to know that everybody is a part of this. If you’re in business related to and in support of tribal gaming, you are a part of this American Indian Business Network, ” he says.

Beyond the economic health of tribes, the overall American economy is of utmost importance to tribal gaming. Clearly, as an entertainment-based business, gaming depends on the public’s ability to spend money on something extra. Stevens says tribal communities are used to financial struggles, yet, “We continue to be concerned about those tribes that continue to find challenges in this economy, but at the same time we’re encouraged by tribes that continue to work their way through this.”

Stevens is proud of what Native American gaming has done to help the economy during this challenging time. “What we’ve been able to do is almost unbelievable in some areas,” he says, “where we’ve been able to not just be a major part of keeping our economies rolling, but with the kind of employment members we have, with somewhere around half of our employees being non-Indians, how much of a role we played in the recovery.”

NIGA will also continue using its voice in Washington, D.C., in 2011 to promote programs that will benefit Indian country when it comes to health care and other community issues. Stevens says, “The bottom line, whether it’s in Indian health care, law and order, or defending against any attempts to dilute sovereignty, communication is our key component to keep Indian country healthier, stronger and economically better fit. It shouldn’t always be looked at as a fight; it really is about education, dialogue, communication and understanding.”

Education Brings Success

As always, Stevens says he will continue looking to elders in the Native American community for input. He and other NIGA leaders believe their duty is to listen to community members and take their voice to Washington, D.C. Stevens says, “Having a more consistent opportunity to express our viewpoints from Indian country is really something that’s special and it’s a blessing. It makes us feel like when we get to Washington we’re making some inroads and accomplishing things to be able to bring back to our tribal communities.”

Education is key to Native American gaming success, Stevens says. “When we think we’re talking until we’re blue in our face and everybody has heard it all before, it’s important to understand that at every session—especially this one—we have new legislators in there.”

With a team dedicated to making sure communication happens, Stevens says, “It’s real important to know that where there is an Indian country issue, there will be several areas of expertise that will immediately move toward dealing with it.”

Sarah Klaphake Cords is the New Media Editor for Casino Enterprise Management. She can be reached at editor3[at]aceme.org.