This interactive publication including all information discussed int the 2020 Virtual Summer Legislative Summit.
National Indian Gaming Association Hosts First-Of-Its-Kind Virtual Summer Legislative Summit Washington, D.C – July 16, 2020 – The National Indian Gaming Association hosted its first Virtual Summer Legislative Summit on July 13, 2020. The one day, two session, legislative summit was designed for Tribal Leaders from around the country to come together online to discuss today’s myriad of issues central to tribal communities and governments. Chairman Ernie Stevens Jr. welcomed the leadership: "This Virtual Summer Legislative Summit is part of our new normal across Indian Country. This is one of the first-of-its-kind gatherings for tribal leadership at the National Indian Gaming Association. It allows us to continue to conduct our dialogue with the leadership at the Nation's Capital, and more importantly, it is another opportunity to assist our tribal community in combatting the effects of this global pandemic." Chairman Stevens added, "With the pandemic and political climate that Indian Country currently faces, and the upcoming 2020 elections, we must always be ready to deal with our issues head-on, and that means using all means necessary to educate, coordinate, meet and hold our ground with dignity and respect in protecting tribal sovereignty. No matter what comes before us, we are better off confronting this pandemic together." Summary of Virtual Legislative Summit: Presenter Materials Attached Tribal leaders received updates from a panel moderated by Jason Giles, Executive Director of the National Indian Gaming Association. Joining Mr. Giles were John Harte, Partner at Mapetsi Consulting, Aurene Martin, Managing Partner at Spirit Rock Consulting. All materials presented are attached at the end of this document for Tribal Nation use. All speakers urged Indian Country to accomplish as much as possible prior to the August Congressional break. The last two weeks in July may very well be the last chance for COVID Relief Funding in 2020. In the fall, both parties will start to focus on their respective conventions and the November elections. Another important panel brought together the Census Bureau and the mobilization against racism in Indian Country. Continuing the discussion on the Cares Act and PPP information, Jessica Imotichey from the Census Bureau noted that all these COVID relief programs are based upon the Census Bureau counts for Native Americans. It is imperative that Tribal Nations participate in the 2020 Census in order to ensure they are receiving their fair share of federal dollars. With the 2020 elections approaching, the National Indian Gaming Association has been working with other sister organization and tribes with the "My Vote Will Count," campaign. Chairman Stevens and Jacqueline De Leon from NARF, stressed the importance of voter registration outreach, including the efforts by all States to implement voting by-mail this fall. Tribal Leaders are urged to undertake a strong voter registration initiative to ensure our Tribal Citizens are registered and ready to vote in November.
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The afternoon session focused on Best Practices for Reopening and engaging your Congressional delegation this summer. Holly Cook Macarro, Spirit Rock Consulting, and Pete Kirkham, Red Maple Consulting, both stressed that working in a bi-partisan manner is more important than ever during this shortened calendar session due to the COVID-19 virus. Congressional staff are still working remotely while Senators and Representatives commute to and from D.C. This makes communication with committee staff of utmost importance as they may be the only staff in constant communication with each party. The “New Normal”, as stressed by Chairman Stevens in his opening remarks, was more fully explored by the Summit’s final panel. Walt Lamar, former FBI Agent and President of Lamar Associates, joined Seneca Gaming Vice-Chairman Klint Nephew to discuss Tribal safe practices during the pandemic. Their presentation is reviewed in full below and all Tribal Commissioners, Regulators, and gaming personnel are encouraged to review their remarks. Over the two-day session, Members of Congress joined the programming to offer insight and support to attendees included Rep. Raul Grijalva (AZ-03); Rep. Deb Haaland (NM-01); Rep. Betty McCollum (MN-04). The next gathering of the tribal leadership will be at the National Indian Gaming Association’s Mid- Year Conference, October 19, 2020, currently scheduled for Pechanga Resort and Casino. For more information go to www.indiangaming.org
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Summer Legislative Summit July 13, 2020
Address Ernest L. Stevens, Jr., Chairman
Good Morning. Thank you for joining us today! My best wishes to you, your families and your people during this difficult time of the National COVID-19 Pandemic Public Emergency and Economic Crisis. NATIONAL COVID-19 PUBLIC HEALTH EMERGENCY Just after the Tribal Interior Budget Committee was meeting in Washington, DC on March 13, 2020, President Trump called a Press Conference and announced that America faced a National Public Health Emergency and Economic Crisis. The President declared, “The spread of COVID-19 within our Nation’s communities threatens to strain our Nation’s healthcare systems….” INDIAN GAMING TRADE SHOW POSTPONED We immediately reached out to our Tribal Leaders including the National Indian Gaming Association Board, and as we were making the difficult decision to postpone our Annual Trade Show and Convention, the City of San Diego and the California’s Governor announced the stay home policy. We will continue to monitor the situation. It is our hope to announce new dates as soon possible given the current status of the COVID-19 surge. CDC GUIDANCE TO SLOW AND STOP THE SPREAD OF CORONAVIRUS CDC reports: COVID-19 virus is spreading more efficiently than influenza…. [T]he more closely a person interacts with others and the longer that interaction, the higher the risk of COVID-19 spread. The CDC explains the best way to protect yourself from Coronavirus: • Social distance: stay at least 6 feet apart. • Wash your hands often with soap and water, or use a hand sanitizer. • Routinely clean and disinfect frequently touched surfaces. • Use a mask to cover your nose and mouth. So, we must all work to protect our elders, children, families and nations. INDIAN GAMING: TEMPORARY CLOSURES At the onset of the spread of the COVID-19 pandemic, elected tribal leaders made the hard decisions to close their governments and tribal gaming properties when the Federal Government called for closures in March 2019. Almost overnight, Indian Nations and Tribes temporarily closed, recognizing our pledge to protect the environment, public health and safety of our Indian gaming operations. The National Indian Gaming Commission (NIGC) reports that virtually all 420+ Indian gaming facilities were temporarily closed. Many of our Indian gaming facilities have re-opened around the country, with reduced capacity to maintain social distancing, masks required, continuous cleaning, temperature checks for employees and all-important health and safety measures for patrons too.
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I want to commend all at the front lines of our tribal gaming properties who continue to work tirelessly to ensure the public safety of their communities and guests at all times. The National Indian Gaming Association has continued to make it a priority to maintain our open communications with Member Tribes, gaming commissioners & regulators, and gaming industry experts as we work our way through this pandemic. Over the past couple of months, we have provided webinar training and discussions about all aspects of reopening tribal casino properties by relying heavily upon our webinar and online technology through our Seminar Series, Gaming Commissioner Trainings, and with our Tradeshow and Convention training sessions, and will commit to continuing to use this resource as long as we must. With these constraints, our economic advisors tell us that we may lose $15 Billion or more in comparing our 2019 Indian gaming revenues to our COVID-19 Economic Crisis 2020 revenues. When considering the resulting losses among Native American hospitality and tourism, the economic damage to Native America could well exceed $40 Billion in 2020. Tribal Governments need more economic relief from Congress. Today, we will hear some of our friends in Congress to work on these issues. While we have very limited in- person opportunities to meet with members of congress, we are in constant dialogue with them.
INDIAN HEALTH CARE INEQUITIES Native Americans, along with African Americans and Hispanics, are the most likely to suffer hospitalization and severe in jury from COVID-19. Here is a CDC graph:
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The Pandemic illustrates the longstanding underfunding of the IHS. The CDC reports that: Long-standing systemic health and social inequities have put some members of racial and ethnic minority groups at increased risk of getting COVID-19 or experiencing severe illness, regardless of age…. As of June 12, 2020, age-adjusted hospitalization rates are highest among non-Hispanic American Indian or Alaska Native and non-Hispanic black persons, followed by Hispanic or Latino persons. United States of America promised, by treaty, to provide health care to Native Americans but health care funding for Native Americans is funded at only ¼ of the National Cost of health care on a per patient basis. In the 21 st Century, a proper respect for humanity requires full funding of Indian Health Care. Those with diabetes, kidney disease, heart disease and obesity are at high risk and age is an independent risk factor. CARES ACT: CORONAVIRUS RELIEF FUND In consultation with our Tribal Government leaders, we immediately mobilized and took action. We realized that our Member Tribes would temporarily close their Casinos, Hotels and Resorts, so we called upon Congress to establish a $20 Billion Tribal Government Economic Relief Fund. Working with our Member Tribes and NCAI and our Washington, D.C, team, we fought for the fund. Speaker Nancy Pelosi brought forth a $10 Billion proposal, and with the support of the Democrats and Republicans, we worked with all of our folks, and we were able to secure the $8 Billion set-aside from the State-Local-Tribal Coronavirus Relief Fund. PAYCHECK PROTECTION PROGRAM: SMALL TRIBAL GAMING We went to bat for our small tribal gaming operations with the Paycheck Protection Program—again we worked together with our Member Tribes and sister organizations. Working with our Member tribes we were able to put together a nationwide effort to restore Congress’s original intent to serve “any … tribally owned business concern” through the PPP. While SBA and Treasury initially sought to maintain their standard operating procedures, our Senators, Representatives and several Governors weighed in and Treasury came out with a new guidance to include small gaming operations. The PPP funds mean several million to some tribes and hundreds of thousands to others.
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HEROES ACT: H.R. 6800 As we continue to work on behalf of Indian Country, we want to make sure that all of our Indian nations and tribes are included in the next round of the HEROES Act or CARES Act vital to our tribal government public health funding and economic relief needs. Naturally, we know that the final bill will be subject to intense House and Senate, Republican and Democrat negotiation. The National Indian Gaming Association strongly supports the House proposal to set- aside $20 Billion from the next Coronavirus Relief Fund and we support: • The Federally Recognized Indian Tribe List Act for the definition of Indian tribes and Tribal Governments—from our viewpoint, Indian tribes are inherent sovereigns and there is no sovereignty in a state-chartered shareholder corporation. • Tribal Membership to measure Tribal Population because tribal members are tribal citizens, our political status, and Census numbers are based on race. • Lost Revenues . Our experts tell us that Indian gaming is likely to lose upwards of $15 Billion in Revenue this year, and we need Federal Government help to cover those lost Tribal Government revenues because those revenues fund essential government services. TRIBAL GOVERNMENT: TREATMENT AS STATES FOR ECONOMIC STIMULUS BONDS Tribal Bonds. Under the State Bond provisions, Congress determined to treat Indian tribes like states, yet Treasury and the Federal Reserve Bank have not implemented that statutory directive. Treasury and the Federal Reserve Bank must do more to facilitate bond issuance by Indian tribes in order to promote access to low interest bonds at 1% above the London Inter Bank Offer Rate (LIBOR) (.4%). TREATY RULE OF CONSTRUCTION Working together with Indian tribes across the country, the National Indian Gaming Association sought the enactment of the Tribal General Welfare Exclusion Act, which excluded Tribal Government programs and services from Federal income taxation. To remedy the IRS’s misunderstanding of Indian nations, treaties, and self-government, Congress included the Treaty Rule of Construction: Any ambiguity in the statute must be resolved in favor of the Indian tribes. See 26 U.S.C. sec. 139D. Our Indian nations need the Treaty Rule of Construction in the CARES Act legislation.
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COVID-19 CORONAVIRUS IN INDIAN COUNTRY We know that there are many challenges in Indian country. The Navajo Nation has faced high levels of positive cases, medical challenges, and the loss of Navajo people. Now the Pueblos, Phoenix Tribes, the USET Tribes, the Great Plains and the Rocky Mountain Tribes among others, face increased COVID-19 cases. A map of Indian Country COVID-19 cases:
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The New York Times reports, “The Navajo have had more people infected with the coronavirus per capita than any state in the country.” A tragic example is Valentina Blackhorse, a Navajo tribal citizen, at 28 years-old she was Miss Western Navajo Nation Princess, who dreamed of someday becoming the President of the Navajo Nation.” I am so sad when I hear of the loss of Valentina Black Horse, which shows that all of our people are at risk. Through prayer, we must honor the Native Americans and Americans lost in the battle with Coronavirus. Many other Native Nations are facing serious COVID-19 crises, Alabama is a “hot spot.” Florida and Texas are seeing huge spikes. Arizona is now the highest rate of infection in the world. The virus is moving fast. As the CDC says, wear masks, wash your hands, clean with disinfectants and maintain our social distance. This must continue to be our priority all throughout Indian country to help lessen the severity of this pandemic. GEORGE FLOYD: AMERICA MUST END SYSTEMIC RACISM On May 25, 2020, George Floyd feared for his life when he encountered. Minneapolis Police Sergeant Chauvin said, “Put him on the ground.” Chauvin kneeled on Floyd’s neck as George said, “I can’t breathe” and called out for his mother. Onlookers called
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for his release and one young lady filmed the police violence. She filmed 8 minutes and 46 seconds as Floyd’s life was taken. Massive protests took place throughout the world. The House and Senate have competing bills to stop chokeholds, excessive use of deadly force and ensure police accountability. America has subjected African Americans to racism, KKK terrorism, Jim Crow segregation, lynching, massacres and street violence. We stand with our African American brothers and sisters in the fight against systemic racism. AROUND THE NATION, PROTESTORS OF ALL RACES PULLED DOWN CONFEDERATE AND COLONIALIST STATUES General Robert E. Lee is gone from Richmond. So too Stonewall Jackson. The Confederate Flag is gone from Mississippi’s state flag and no longer flies over the Mississippi Statehouse. White Americans supported equal rights for African Americans. At least three statutes of Columbus were torn down. The State of California announced that it would take down its Columbus statue, and on California State Capitol grounds the statute of Father Juniper Serra, who set up the mission system that enslaved California Indians and caused so much suffering, was torn down. California State Legislator James Ramos, former Chairman, San Manuel Band of Mission Indians, asked State Legislative Leaders for a study by California Natives and historians before the statue of Father Serra is replaced. Assemblyman Ramos explained: "California's Native Americans suffered forced assimilation and servitude that included erosion of language, culture, and religion, as well as acts of violence and abuse under the mission system as founded by Serra.”
Photo Description: California Indian Activists singing after the statue of Father Serra was pulled down.
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Last year, my wife Cheryl and I joined Los Angeles City Council Member Mitchell Farrell and the City of Los Angeles celebrating the change of Columbus Day to Indigenous Peoples Day in Los Angeles. At the National Indian Gaming Association, we advocate non-violent protest. The Reverend Martin Luther King, Jr., advocated for non-violent protests because violence often clouds the issue. POLICE REFORM In the House of Representatives, Rep. Karen Bass (D-CA) championed police reform calling for the end of chokeholds and independent reviews of police use of deadly force, oversight by community organizations, and state attorneys general. Rep. Bass, Chair, Congressional Black Caucus, included provisions for Indian country, with NCAI, Native American Police Chiefs Association, and the US DOJ Office of Tribal Justice involved. H.R. 7120 also seeks to end racial profiling and de-escalate conflict. We strongly support these goals. Naturally, many of our Indian nations support traditional peace-makers, and restorative justice to de-escalate community conflict. Indian tribes have long promoted community policing to positively engage with our tribal members. Detoxification, In patient alcohol and substance abuse treatment, and community re-entry programs are needed. Yet, in Indian country, we also face serious drug trafficking, methamphetamine and opioid abuse and violence against women. Tribal Governments continue to need full funding for police officers, detention facilities, and investigative services. We must continue to stay diligent and continue to address the Missing and Murdered Indigenous Women. (MMIW) We call upon Federal, tribal and state law enforcement to work together to stop the victimization of our women. We call upon Congress to affirm our inherent authority to exercise law enforcement over all Indian country crime. That means we must recognize the work of the many honorable tribal police officers serving our communities. NATIVE AMERICANS: NEW HOPE FOR AN END OF SYSTEMIC RACISM Across America, Native Peoples were subject to genocidal wars and massacres, ethnic cleansing under the “removal policy,” Indian lands were stolen under the “Reservation” and “Allotment” policies championed by the so called “friends of the Indians.” Generations of poverty, suffering, and untimely death among Native Americans followed. It’s time for respect. Time for reform to ensure that Indian nations and tribes’ treaty rights, self-determination and self-government are honored.
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CHANGE THE WASHINGTON TEAM NAME Amanda Black Horse is a fighter for Native rights. She explains the mascot problem: "At an NFL game in Kansas City, "people yelled, 'Go back to your reservation!' 'We won, you lost, get over it!' 'Go get drunk!' And so many different slurs … I've experienced racism in my lifetime, but to see it outwardly, and nobody did anything?" I spent my whole life watching my parents fight against racism. I myself have continued to fight that fight, in some cases literally, but more importantly today diplomatically and respectfully through education, and understanding. The energy in my heart has never changed and will not change until America is a better place. Today, I am teaming up with Senator Ben Nighthorse Campbell to once again call upon Dan Snyder to see the light, do the right and change the team’s name. I’ve been on the NIKE 7 Champion’s Board for many years, and NIKE and FedEX have weighed in with Mr. Snyder to say, It’s time to change. THE SUPREME COURT MCGIRT DECISION Last week, in the McGirt case, the Supreme Court held that the Creek Nation Treaty setting aside half of Oklahoma as a permanent reservation remains valid. Joining the Court’s “liberal wing,” Justice Gorsuch explained: On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever. ... Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word. We are grateful that the Supreme Court provided justice to the Creek Nation. Rest assured that nobody will invade the law or justice under this system. LOOKING FORWARD For many years, Indian nations have advocated for Indian Self-Determination, as those words are understood generally. My father, Ernest Stevens, worked for President Nixon in the 1970s and later served as the Executive Director of the American Indian Policy Review Commission. From 1968 through 1974, the National Council on Indian Opportunity (NCIO) served as the liaison between the White House, the Cabinet and Indian nations. NCIO returned the Blue Lake to Taos Pueblo. To bring us full circle back to the Constitution and our treaties, the White House Council should be codified to Re-Establish a Nation-to-Nation Policy with Native Nations:
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• Affirm that the United States’ Nation-to-Nation relationship with Native Nations is based on true Indian Self-Determination. • Promote Economic Development for prosperous, sustainable tribal communities.
SPORTS BETTING ON THE RISE With the Indian gaming temporary closures, many Indian tribes have renewed interest in Sports Betting and Internet gaming. Our accountant, Grant Eve, reports: The NFL is on target to earn $2.3 billion annually from legal sports betting. In addition, seven NFL teams currently have relationships with gaming operators and that number will continue to increase. The Chickasaw Nation and WinStar Casino recently signed a deal with the Dallas Cowboys to become their official casino sponsor, the Green Bay Packers expanded their relationship with the Oneida Casino and the Buffalo Bills with Seneca Resorts and Casinos. More states will legalize sports betting. 13 states have passed full scale legalized sports betting with many recent bills introduced and moving in the state legislatures. Many of our Indian tribes will be looking to Sports Betting for a new revenue source. 2020 ELECTIONS On November 3, 2020, we will elect our President and Congress and we must vote for candidates who will support Indian nations. This election will have wide-ranging impacts on our efforts to re-start Native America’s Economy. America’s President and elected leaders must understand Indian gaming and Indian sovereignty. CLOSING In closing, the mission of the National Indian Gaming Association has always been to protect and preserve tribal sovereignty and the ability of tribes to engage in gaming to provide for our communities. We need to re-open our facilities in a safe public health environment and that means wearing masks, washing hands, continuous cleaning and social distancing. Through these times, we are on the frontlines in Washington, D.C. to work on behalf of our Member Tribes. We must promote Indian gaming and economic stimulus right now! My prayers go out to those impacted by this virus. We pray for a safe journey for those who have walked on, for the continued safety of those medical professionals, caregivers, and first responders, and for the continued health and safety for our tribal communities.
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INFRASTRUCTURE REVITALIZATION MUST INCLUDE INDIAN COUNTRY
Background. The Covid-19 Pandemic has exacerbated the longest standing barrier to economic development in Indian Country: the lack of infrastructure. While self-determination has helped tribes begin to attain economic self-sufficiency, without working infrastructure, businesses will continue to avoid investing on Indian lands and tribal economies will continue to lag behind the rest of America. Indian Country’s infrastructure backlog is estimated to stand at more than $50 billion, covering the entire range of basic structures and systems. For example, 40 percent of on-reservation housing is substandard, compared to six percent outside of Indian Country. There is a multi- billion dollar backlog in Indian school construction. More than 80 percent of the 40,000 miles of reservation roads are unpaved. In far too many Native communities the water systems, municipal buildings, and telecommunication systems, including broadband and access to and control of spectrum over Indian lands, are either non-existent or in severe disrepair. This lack of basic infrastructure deters outside investment, leads to the loss of critical business opportunities and economic development projects, handcuffs Native entrepreneurs, and generally leaves much of Indian Country behind as the national economy grows out of the Recession. Include Indian Country in National Infrastructure Revitalization. As Congress and the Administration consider the HEROES ACT legislation, Indian Country must work to include legislative proposals to revitalize our Nation’s infrastructure, it is critical that such proposals include direct federal funding to address the significant unmet infrastructure needs of Indian Country. Investing in Indian Country infrastructure will repair unsafe reservation roads for school children and public safety officials, spur short-term job growth through construction, foster long-term economic development by opening doors for Native entrepreneurs, and stabilize and diversify tribal economies for generations to come. These direct federal investments in Indian Country infrastructure should be coupled with innovative financing mechanisms to establish and strengthen tribal government-private sector partnerships and access to capital. The U.S. Tax Code provides broad tools to state and local governments to spur investment in infrastructure projects. The $1.5 trillion Tax Cuts & Jobs Act of 2017 failed to include any tax reforms for Indian Country, including the long-standing need to provide tribes with direct access to critical tools for economic development that are offered to state, local, and territorial governments—such as federal tax credits, preferred bonds, and other provisions that provide governmental entities with access to capital. Infrastructure revitalization provides Congress with a new opportunity to reform the Tax Code to extend tax incentives to tribal governments, better enabling them to address long-standing infrastructure needs. Indian Country holds significant untapped economic potential, job growth, and small business development that could be unlocked with investments in Indian Country infrastructure—which can be built, in part, with targeted tax reform measures. Potential capital improvement proposals include: developing an investment bank to pool direct funding with private investment incentives to meet tribal infrastructure needs;
enhancing existing federal loan guarantee programs that enable tribes to leverage limited capital; and focusing on telecommunications infrastructure to effectively increase opportunities for small Native businesses, streamline tribal government operations, and improve access to tele-healthcare and education. Reforms to federal tax programs should address the lack of tribal access to or benefit from the Low Income Housing Tax Credit and New Markets Tax Credit programs; limitations imposed on tribes by the tax-exempt bond provisions of the Tribal Government Tax Status Act; ensuring that the Build America Bonds program provides direct funding to Indian Country; and including Indian tribes in any new tax incentives added as part of an infrastructure package during this Covid pandemic. Direct access to these programs will spur tribal government-private sector partnerships to help rebuild Indian Country infrastructure, develop small business, and improve tribal government systems. PROTECTING NATIVE AMERICAN VOTING RIGHTS Background. The Fifteenth Amendment of the U.S. Constitution provides that “the rights of citizens of the United States to vote shall not be denied or abridged by the United States or any by any State on account of race, color, or previous condition of servitude. The Congress shall have power to enforce this article by appropriate legislation.” Congress passed the Voting Rights Act of 1965 to ensure that state and local governments uphold the Fifteenth Amendment and to further guarantee the right of every American citizen the equal right to vote and to participate in our democracy. The first Americans were the last to be granted voting rights in the United States. The Indian Citizenship Act of 1924 recognized all Native Americans as U.S. citizens with the right to vote. However, Indians struggled to exercise their right to vote for decades after enactment of the law. States continued to deny Native Americans the right to vote, because they lived on Indian lands, were enrolled members of an Indian tribe, and/or were not subject to state laws. Native Americans in Arizona and New Mexico were finally granted voting rights in 1948, Maine in 1955, and Utah in 1962. Even today, tribes continue the fight to fully exercise the voting rights of their Nations. States continue to put up barriers to the exercise of Indian voting rights. Some states refuse to locate polling locations on Indian lands, which are often located hundreds of miles from reservation communities. Ballots and voter information guides are not offered in Native languages. States also require state-issued ID cards and a physical address to vote, however, many Native Americans have only tribal government ID cards and P.O. Boxes. These American citizens are turned away at the ballot box. Enact the Native American Voting Rights Protect Act . Senator Tom Udall (D-NM) and Congressman Ben Ray Luján (NM-03) have introduced the Native American Voting Rights Act, S. 739 and H.R. 1694, to remove many of the barriers listed above. The Native American Voting Rights Act establishes a number of voting reforms. The bill designates federally funded facilities on Indian lands as voter registration sites, which will expand in-person registration; mandates at least one polling place on tribal lands for each voting precinct; prevents states from eliminating or moving in-person registration and voting locations in Indian Country where motivated by a discriminatory purpose or where state action would have limit voting opportunities for Native Americans; permits Native voters to pick up
and drop off mail-in ballots at their local tribal government buildings; requires election officials to accept tribal government-issued or BIA identification cards; and it requires written translations in indigenous languages for ballot information upon a request by a tribal government. The bill also enables tribal governments to request federal election observers to prevent discrimination against Native voters, and it requires the U.S. Attorney General to consult annually with Indian tribes regarding issues impacting the ability of Native Americans to vote. The Native Vote is non-partisan – Indian affairs issues cross all party lines. At its core, tribal governments fight for local control, freedom from state government infringement on tribal sovereignty, decreased impact from federal actions, and for parity and respect as governments for purposes of all federal laws and programs. At the same time, Indian tribes demand that the United States fully fund and meet solemn treaty and trust obligations. Indian tribes and tribal organizations nationwide call on the House and Senate to advance the Native American Voting Rights Act to final passage prior to the November 3, 2020 election. Re-Opening In The Covid-19 Era: by Walter Lamar As we have reopened or plan to open or are readying to expand a limited opening, it is critical every aspect is examined through the lens of Threat - the thing that causes, destruction, harm or injury. Risk, the likelihood or probability of the threat occurring. Vulnerably, the gaps or openings giving threat a way in. Of course, the threat we are facing is COVID-19, aka the Coronavirus and in our context those threatened are our tribal citizens - where the greatest danger is - employees, vendors and patrons. Aside from the health threat, there is also a threat to reputational integrity and even the threat of liability. Risk is a trickier to assess - first there is the unknown - how exactly is COVID transmitted - we now have more evidence that it is airborne, but still there is much to be learned. Because of its 5 to 14 day incubation period, we could be involved in a major outbreak and not even know it. Is there a risk, absolutely - all we have to do is just look at the numbers, infections and death - I don’t even like to use stats because I think we in this country are getting calloused and are starting to just see digits and not lives. Vulnerability - we are vulnerable and each of our populations have different aspects of those vulnerabilities - what does that mean? A vendor may only be in an area after hours or just at a loading dock, limited contact. While a tribal member employee at the player loyalty counter might be engaged with a significant number of patrons. So, we must understand everything there is to know about the threat - and that is an ever changing terrain. Contact surfaces verses airborne - the various behaviors of airborne microbes. Imagine what we have learned in this past 6 months and what we will learn over the next 6 months. We have to be constantly evaluating risk, no matter how elusive that may be. Just monitoring infection numbers in your area is not enough.
Vulnerability - this is the lynchpin of gaming's responsibility - shutting down the gaps and openings. Key still is the basic - physical distancing and hygiene. Everything else that has been done has been in reaction to what we thought we knew at the time. Create a whole disinfectant cleaning protocol and CDC then says contact surfaces are not a significant vulnerability - doesn’t mean what we’ve done is wrong or not effective - but there is still too much unknown to guide significant investment. 2. It is common practice that organizations and businesses are trying to hurriedly adjust procedure to safely accomplish a function or activity and not analyzing ways to adjust the function or activity. Here is an example - my wife’s employee identification card recently expired and she had to go and get an updated card. Made an online appointment, travelled to an administrative workspace. Tiny little space with an employee behind a plexiglass shield. As my wife entered this tiny space the employee pulled up her face covering - so already filled the room with microbes. Then asked my wife to sign in on a paper ledger only feet away from the employee, not protected by the plexiglass. Wife had to produce two forms of ID that the employee physically took for scanning and handed them back. Then she was asked to remove her face covering and sit for a photograph. The employee was not ready and my wife sat without benefit of face covering for an additional 5 to 10 minutes. So, let’s look at this function/ or activity. - simple ID renewal - what safety procedures were enacted, plexiglass shield and required face covering. It seems no effort was given to adjusting the function of ID renewal, nor was the process adequately assessed. What could that process have looked like? The whole building was empty - everybody teleworking - the function could easily have been moved to a larger room. My wife could have scanned her two forms of ID and sent an encrypted email along with a recent photograph. The online appointment could easily have replaced the paper sign in sheet. My wife could have appeared displayed her ID for verification - behind a shield. Stepped back a safe distance and removed her face covering to confirm the photo sent was indeed her - face covering back on - take her new ID and be gone. Less contact points limited time without a face covering - in a larger space - safer for my wife and the employee. So, the take away from my wife’ story for me - we must absolutely evaluate every function or activity in our operations and look for ways to actually adjust those functions or activity. And we must be preparing for the long haul - the new normal. Secondly, as we enact process, we must continually evaluate and assess the process. If we require employees to wear face coverings - are they and are they wearing them properly? 3. Crisis brings out the best humanity has to offer along with the worst - hucksters, frauds and criminals will crawl out from under their rocks during crisis - beware - due diligence and vetting vendors and opportunists is more important now than ever. And this too amounts to lessons learned for the playbook.
4.The Indian Gaming industry must understand health and safety does not equate to competitive advantage - now is a time to share information regarding best practices, promising practices and lessons learned regarding COVID-19. Everyone is in this
together and only by sharing that of information will the industry be better protected, responsible and profitable. So how does that happen - Well I think there needs to be a published COVID-19 Best Practices for Indian Gaming and Hospitality document that evolves through lessons learned as we progress into the coming months. As Klint mentioned the Playbook. Such a document might also serve to provide guidance if a second wave materializes. NIGA should consider being the clearinghouse for best practice and lessons learned information. 5. Loud talkers, supposedly have a higher propensity for transmission - meatpacking plants are noisy which means employees are shouting or speaking loudly and we’ve seen they have high rates of virus transmission. We’ve all heard of the South Korean night club patron who infected at least 80 folks, he was in loud nightclubs. Casinos are typically noisy environments in which people speak louder than usual - maybe as we are transitioning through this learning experience there might be an effort to lower the volume of noise from machines. Calm the environment. Washington Professional Football Ending 87 year Racist Era Is the Washington pro football team name racist? Yes. It’s racist! “Redskins” is a racial slur against Native Americans based on perceptions of our skin color akin to all the past exploitive racial references used to depict minorities in this Country. We do not normally say it, but we do here to retire the “R” word from use. Bounty hunters collected “Redskin” scalps to prove how many “Redskins” they killed: “The Dutch governor of Manhattan, Willem Kieft, offered the first bounty in North America for Indian scalps in 1641, only 21 years after the Puritans landed at Plymouth Rock. The Massachusetts Bay Colony first offered $60 per Indian scalp in 1703,” Indian Country Today reports. In 1789, President George Washington signed into law, the policy that “the utmost good faith shall always be observed towards the Indians.” Yet, by the late 1800s, popular dogma said, “the White Man’s Burden” was to “civilize” the “Redskins.” In the 1868 Treaty, to end Red Cloud’s War to save the Black Hills and the Powder River Country, the United States pledged its “honor” to keep the peace and vowed war “shall forever cease.” In 1873—just five years later—President Grant said, it must be “civilization … or a war of extermination.” In 1876, General Sherman persuaded President Grant to approve a “scorched earth” war to steal the Black Hills for gold. At the Little Big Horn, Custer met his fate attacking our Lakota and Cheyenne village after his soldiers shot our women and children in our tipis. Sitting Bull, the great Lakota leader, asked why the United States made war upon his people: “What law have I broken? Is it wrong for me to love my own people? Is it wicked for me because my skin is red? Because I am Lakota? Because I was born where my father lived? Because I would die for my people and my country? God made me Lakota.”
The modern history of the “Redskins” name confirms its racist legacy. In 1932, a year before I (Sen. Campbell) was born, a Washington, DC laundry operator, George Preston Marshall purchased part of the National Football League's newest team, the Boston Braves. Perhaps inspired by the era's Saturday matinee westerns where “bloodthirsty Redskin savages” fought “cowboy heroes,” the next year Marshall gave the team a new name: "Redskins." In 1937, Marshall moved his "Redskins" to Washington, DC. After World War II, professional sports franchises faced pressure to integrate. In 1946, Bill Willis and Marion Motley in Cleveland and Kenny Washington and Woody Strode in Los Angeles broke pro football’s “color barrier.” The next year, Jackie Robinson broke the major league baseball “color barrier.” Marshall was strongly opposed to integration and the "Redskins" were the last NFL team to integrate, holding out until 1962, when pressure from NFL owners, Commissioner Pete Rozelle, President Kennedy's Interior Secretary, Stewart Udall, and a groundswell of public opinion finally pushed Marshall to integrate, trading Cleveland for Bobby Mitchell, one of the great players of all-time and a Hall of Famer. Mitchell, an African American, recalled his introduction to Marshall at a welcome luncheon that opened with everyone participating in a sing-along of "Dixie." Jack Kent Cooke owned the Washington football team sometime after Marshall's death in 1969, until he passed in 1997. With new ownership came new hope that the racism would end, yet NFL Merchandising became big business in the 1970's and 80's, and Cooke had a financial incentive. When pressed, he "doubled down" saying “Redskins” was a "tribute to the courage and strength of American Indians." Mr. Cooke needed a new stadium in the District on federal land and I (Sen. Campbell) introduced a Senate bill prohibiting any new stadium from being built on federal land by any “organization exploiting any racial or ethnic group or using nomenclature that includes a reference to real or alleged physical characteristics of Native Americans or other groups of human beings." Cooke's response was to move the team to Landover, MD where FED-EX Field was born. In the late 1990's, Daniel Snyder became the latest owner to thumb his nose at the requests of Indian people for respect, even when his team's trademark was revoked by the U.S. Patent Office in Harjo and Blackhorse v. Pro Football, Inc . It was restored by a Supreme Court decision. Snyder said, "We'll never change the name. It's that simple. NEVER —you can use caps." I (Chairman Stevens) welcome Mr. Snyder to the land of NEVER. The name change is long overdue, and we hope Dan Snyder 'sees the light' and has been touched by the Creator to do what is right. We know FedEX and NIKE brought the light by doing the right thing and pulling corporate sponsorships, including sponsorship of FedEX field. Today, I am more proud than ever to sit on the NIKE N-7 Board of Advisors (Champion) Supporting Native American Youth.
In the 21 st Century, the name “Redskins” must go like all other slurs against human dignity. Standing United—even while social distancing—we, Americans, have the power to promote human dignity. Ben Nighthorse Campbell, Northern Cheyenne, U.S. Senate Retired, and Ernest Stevens, Jr., Chairman, National Indian Gaming Association, Oneida Nation of Wisconsin
Summer Legislative Summit July 13, 2020
Panelist Power points
National Indian Gaming Association - Legislative Summit - - July 13, 2020 -
Election 2020
• On the ballot on Nov. 3, 2020: • President of the United States • All 435 seats in the House of Representatives • 35 of the 100 seats in the U.S. Senate • 11 state governorships • Drastically changed political environment • How candidates reach voters • Issues • Voting logistics
Election 2020
• Republican Convention: Aug. 24 - 27 • Official convention business remains in Charlotte, NC • Celebration moved to Jacksonville, FL • Democratic Convention: Aug. 17-20 • Milwaukee, WI • Almost entirely virtual
Election 2020: Debate Schedule
• Sept. 29: 1 st Presidential Debate (South Bend, IN)
• Oct. 7: Vice Presidential Debate (Salt Lake City, UT)
• Oct. 15: 2 nd Presidential Debate (Miami, FL)
• Oct. 22: 3rd Presidential Debate (Nashville, TN)
Summer-To-Fall: Key Dates / Legislative Outlook
• Sept. 30: • Deadline to pass approps bills or adopt a continuing resolution • NDAA expires – annual, must-pass bill • Expiring authorizations: • FAST Act • WRDA • CDBG • Several immigration programs
Summer-To-Fall: Key Dates / Legislative Outlook
• Nov. 30: • Several Medicare, Medicaid, & public health provisions expire • Could possibly become a larger vehicle • Dec. 31 • Tax Extenders: 2019 extension expires • Suspension of Medicare sequestration • Expiration of period for spending of PPP funds to be eligible for loan forgiveness
Legislative Landscape for Tribes
• Next COVID-19 Package: • Additional CRF Funds
• Business Liability Protection • Business Interruption
• VAWA in holding pattern • Justice in Policing Act 2020 • Approps bills
Summer-To-Fall Outlook
• Calendar Pressure • July 2—31: Both chambers in session • August Recess: • House: July 31 • Senate: Aug. 7 • Remaining days in session: • 14 days until govt. funding expires • Post-election: 13 days jointly in session
Thank you
Miigwech. Holly Cook Macarro
2020 Census Briefing: National Indian Gaming Association (NIGA) July 13, 2020
Jessica Imotichey Partnership Coordinator Los Angeles Region #661-578-2278 Jessica.A.Imotichey@2020census.gov
2020CENSUS.GOV
2020 Census – Respond NOW!
The 2020 Census is currently open for self-response and there are 3 ways to respond:
§ Online at 2020Census.gov § By phone at (844) 330-2020. Phone lines are open every day from 7:00 a.m. to 2:00 a.m. Eastern Standard Time. § Returning a paper questionnaire.
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The U.S Census Bureau is committed to a complete and accurate count of the American Indian and Alaska Native (AIAN) population, wherever they live. American Indians and Alaska Natives are among the most historically undercounted in the census. The Census Bureau has been working closely with tribal governments to change this – and make sure everyone counts in the 2020 Census.
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Census Operations on Tribal Lands
January 2020 - First 2020 Census enumeration began in Toksook Bay, Alaska March 2020 - Census forms were mailed to 95% of nation’s households with mailable addresses. Field operations were suspended in mid-March throughout the nation due to the coronavirus pandemic. May 2020 - Field operations began restarting in areas deemed safe between May 8 and June 11. All areas nationwide are now open. Census takers began dropping off census forms at non-traditional mailing address locations. Timing for specific operations on tribal lands is determined in collaboration with each tribe’s leaders. July 2020 – Group Quarters field operations count people living in college dorms, nursing homes, jails and prisons, and other group living facilities. August 2020 - Census takers begin visiting households that have not yet responded to the census. This is the largest 2020 Census field operation and involves approximately 500,000 temporary employees. October 31, 2020 - 2020 Census data collection concludes.
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Update Leave • Update Leave is conducted in rural areas that primarily use PO Box or Rural Route mailing addresses. Nationwide, Update Leave represents 5% of the nation’s total addresses. Many tribal areas are part of the Update Leave field operation. • Census Takers go door to door, update each address on a census laptop, and leave a questionnaire package at each household’s door. Householders are encouraged to self- respond to the census with the paper questionnaire, online, or over the phone. • Each enumerator will carry a laptop device, laptop bag, an “OFFICIAL BUSINESS” notice for their vehicle, and confidentiality notices for each address. • Enumerators will deliver the census form by sliding it into the water-resistant plastic bag and hanging the bags on or near the front door.
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Response Rate Map
Use the map to review response rates from 2010 and 2020 in your tribal area. When response is underway, encourage others in your community to respond and spread the word.
Downloadable AIAN web graphics: https://2020census.gov/en/partners /outreach-materials/badges/aian- badges.html
https://2020census.gov/en/response- rates.html
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Tribal Self-Response Rates *As of 7/6/20 1. Colusa – 83.3% 2. Kootenai – 78.8% 3. Oneida (WI) – 77.9%
4. Port Gamble S’Klallam – 77.9% 5. Pamunkey -76.2% 6. Pokagon – 72% 7. Saginaw Chippewa – 69.8% 8. Upper Skagit – 69.7% 9. Puyallup – 68% 10. Lower Elwa – 65.2%
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Recruiting for Temporary Census Jobs Continues
2.9 million applicants nation-wide for 500,000 temporary jobs.
We have many applicants from tribal lands, but we can use more to ensure we have enough local people to conduct field operations this summer. People apply online at https://2020census.gov/jobs.
Apply now, as selections conclude in the next few weeks.
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What’s Next • Enumerate people living in Group Quarters starting July 1. • Conduct Service Based Enumeration for those experiencing homelessness September 22-24. • Conduct nonresponse follow-up, including tribal areas, from August 11 through October 31. • Self Response closes October 31.
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AIAN Campaign
ü Research Based
ü “Shape our Future”
ü Advertising ü TV ü Radio
ü Billboards ü PSAs ü Social Media
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“Who Am I?” PSA
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Creative Development Social Distance Powwow
Team Y&R developing an asset delivering Census messaging and acknowledging the current COVID-19 situation. Released in market in May 2020. Formats: Television/Video (:30), Radio (:30) Messaging Priorities: • Community and coming together • Sensitivity to COVID-19 represented by Social Distance Powwows
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