IGU TSpring Edition 2018 FINAL

SPRNG 2018 | Volume 9, Issue 6

IN THIS ISSUE

WEWIN 2018

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Honoring Warrior Women

SOVEREIGNTY IN THE 21ST CENTURY

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Topics of discussion, Land into Trust, Sports Betting TRIBAL

NIGA MID-YEAR CONFERENCE

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Focus on Sport Betting

JOHN KIEFFER SOVERIGNTY AWARD PG 12 Pechanga Chairman Mark Macarro Honored

NIGA AT GLOBAL GAMING EXPO Knudson & Native Women Lawyers Honored

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NATIONAL INDIAN GAMING ASSOCIATION HOST ANNUAL SUMMER LEGISLATIVE SUMMIT

National Indian Gaming Association Tribal Leaders, Gaming Professionals, and Board Members at the 2018 Summer Legislative Summit in Washington, D.C. in July.

The National Indian Gaming Association (NIGA) hosted the annual Summer Legislative Summit at their headquarters near Capitol Hill today. The summit was held at the Stanley Crooks Shakopee Mdewakanton Sioux Community Tribal Leaders Center and brought member tribes together to discuss legislative and regulatory issues with members of Congress and administration officials. NIGA Chairman Ernie Stevens, Jr., welcomed the attendees: “It is great to bring our leadership together once again. We are ready to do our job in a diplomatic, straightforward and hard-working manner here in Washington, D.C.” He added, “We know that while we are strong and united in our positions, we stand here on behalf of Indian country knowing we have work to do and we must continue to accept that challenge because it is about improving the lives of our tribal communities. The National Indian Gaming Association and our sister organizations are ready and willing to face these challenges.” Through the day, the leadership heard from Sen. Jon Tester (D- MT); Rep. Raul Ruiz (D-MT); Rep. Markwayne Mullin (R-OK 3rd); Rep. Tom Cole (R-OK 4th); Rep. Frank Pallone, Jr. (D-NJ 6th); Sen. Jerry Moran (R-KS); Rep. Lou Correa (D-CA 46); Rep Tom McClintock (R-CA 4th); Rep. Dan Kildee (D-MI 5th); Rep. Paul Cook (R-CA 8th); Rep. Mimi Walters (D-CA 45th); and Rep. Gwen Moore (D-WI 4th) who provided updates on issues central to tribal leader concerns, including the Department of Interior proposed changes to the 25 CFR 151 Fee to Trust process, the Tribal Labor Sovereignty Act (TSLA), the 2018 Farm Bill, and the Centers for Medicare/Medicaid Services proposals that would diminish tribal sovereignty. John Tahsuda, Principal Deputy Assistant Secretary at the Bureau of Indian Affairs, addressed tribal leadership and provided updates on the proposed fee to trust regulation and reorganization of the Department of Interior. He discussed the consultations hosted by the Bureau of Indian Affairs (BIA). Joel Williams of the Native American Rights Fund (NARF) provided a Supreme Court update on behalf of NARF. The update included a discussion on nominees and cases soon to be heard by the

highest court that could impact tribal sovereignty. The legislative summit agenda also included a panel entitled “Economic Development, Diversification and Taxation Discussion,” facilitated by Mark Van Norman. The group brought together David Bean, Vice President of NIGA, Aurene Martin of Spirit Rock Consulting and Ron Allen, Chairman of the Jamestown S’Klallam Tribe. Jonodev Chaudhuri, Chairman of the National Indian Gaming Commission (NIGC), finished the day’s agenda with an overview on their regulatory initiatives in Indian Country. The NIGC recognized the continuing strength of Indian Gaming’s revenue growth to a record $34.2 billion and the resulting positive economic impacts on our reservation economies. Tribal leaders then joined a roundtable discussion hosted by Rep. Ruben Gallego (D-AZ 35th) and Gila River Governor Stephen Roe Lewis. The day concluded with an evening reception at the NIGA headquarters with tribal leaders and members of Congress and congressional staff. Chairman Stevens recognized Governor Stephen Lewis for his contributions to the Arizona Indian Community and his recent re-election as Governor. Chairman Stevens also recognized the memory of Governor Lewis’ late father Rodney “Rod” Lewis, 77, a giant of the legal profession in Arizona and a champion for Indian Country nationally, who passed away on April 11, 2018. NIGA also honored outgoing American Gaming Association (AGA) President & CEO, Geoff Freeman. Mr. Freeman coordinated with Tribal gaming on common issues across the gaming industry. Chairman Stevens presented Mr. Freeman with a NIGA Tribal Blanket as a memento for his work with Indian Country. Freeman who has led the AGA since 2013, has accepted another executive role. Chairman Stevens said, “Because of Geoff’s leadership at the AGA, we have been successful in building a strong relationship between the two gaming industries. We wish him well in his next endeavor, and we look forward to continuing to build upon that momentum in our coordinated efforts and open dialogue with the new leadership at AGA.”

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NIGA CONGRATULATES NATIVE WOMEN INDUCTED INTO THE WEWIN “WARRIOR WOMEN CIRCLE.”

National Indian Gaming Association joined the Women Empowering Women for Indigenious Nations (WEWIN) National Conference to support the induction of WEWIN’s four inductees to the WEWIN Warrior Women’s Circle in Milwaukee, Wisconsin. In the photo L-R - Marjorie Stevens, Oneida Nation of Wisconsin, Melanie Benjamin, Chief Executive of the Mille Lacs Band of Ojibiwe, Marlene Helgemo, of the Ho-Chunk Nation and Minnesota State Representative Peggy Flanagan, a citizen of the White Earth Band of Ojibwe.

Milwaukee, WI – July 31, 2018 – The National Indian Gaming Association, a sponsoring partner of the Women Empowering Women for Indigenous Nations (WEWIN) National Conference, congratulates the four recipients of the WEWIN Warrior Women’s Circle honor, which was held at their conference on Tuesday, July 31st. The honorees included Minnesota State Representative and citizen of the White Earth Band of Ojibwe Peggy Flanagan, Mille Lacs Band of Ojibwe Indians Chief Executive Melanie Benjamin, Marjorie E. Stevens of the Oneida Nation of Wisconsin and Marlene Helgemo of the Ho-Chunk Nation in Wisconsin. Each year the WEWIN board selects Native American women who they recognize for their dedication, hard work and contributions to tribal communities, and honor them for their commitment to these efforts. State Representative Peggy Flanagan accepted her award and shared with the audience that this award is more about the native women who inspire her to do the work she does. Flanagan has joined U.S. Rep. Tim Walz’s bid for governor of Minnesota, running for lieutenant governor in this year’s gubernatorial election. Flanagan attributed the honoring to the long legacy of Native women who have been leaders of Native nations throughout history. She indicated that it is essential that the Native women voice be heard. Melanie Benjamin first gained experience in tribal government in 1989 when she was recruited by the late Arthur Gahbow to serve as his chief of staff in the position of Commissioner of Administration, a role which she held between 1989 and 1997, and which is the top appointed position in Band government. After Art’s passing, Benjamin continued in this post throughout 1997 under the late Marge Anderson. Upon accepting her award, Benjamin dedicated her honoring to her mother, who went on the spirit world last year. She received the award with family members who were attending the WEWIN Conference. Marlene Helgemo, who serves as the Executive Director of the Pastor of the All Nations Indian Church and the part-time Executive

Director for the American Indian Ministry (CAIM). Marlene not only is a pastor but also she is nationally known as a defender and advocate of the rights of Indian people and tribes, tribal sovereignty, and the federal trust responsibility toward Indian Nations. Under her direction, the All Nations Church has had a profound impact as a voice supporting Indian tribes and people, as well as organizing other faith traditions to impact our issues at the federal level. Marjorie E. Stevens, a grassroots Native Woman who was instrumental in changing the course of Native American history through her concerted activism and standing up for the rights of Native and Indigenous people was also recognized. Her lifetime achievements span from early activism in the American Indian Movement, to education, to drug and alcohol prevention, to the promotion of hiring of Native American tradespeople and utilizing Native American owned and operated businesses. Her service not only impacted all of Indian Country but her Tribe and her community. Among her accomplishments of service to her community, she was one of the three “Founding Mothers” of the Indian Community School in Franklin (Milwaukee), WI. It was established in 1969 as the result of three Oneida mothers who wanted a better education for their children who were struggling in the public-school system. Marj and the other two mothers were innovative and resourceful, and today many Native American children are enjoying a first- class education in a Native-run school with strong cultural and native language programs inclusive in the curriculum. Now retired, Marjorie has left her work in the hands of new leadership that will carry on her advocacy for generations to come. NIGA Chairman Ernie Stevens, Jr., said, “It is always an honor to be part of this event. This honoring is an amazing event highlighting the powerful ongoing role of Women leaders, who have help mold and shape the success of many of our Native American communities.” WEWIN was established in 2004, to strengthen and sustain tribal cultures for the benefit and destiny of the children and to educate about tribal cultures of the history of native people and the inherent rights exercised for the good of Native people.

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NIGA HOSTS MEETING AT SANDIA PUEBLO IN ALBUQUERQUE ON TRIBAL SOVEREIGNTY IN THE 21ST CENTURY

National Indian Gaming Association Chairman Ernie Stevens, Jr., joins moderates a panel about the economic potentials in broadcasting Indian stories to wider audiences. In the photo L-R - Chairman Stevens, Dr. Joley Proudfit, Elizabeth Bell, Attorney- at-law and Native American film and T.V. Director, Chris Eyre.

Albuquerque, NM – August 16, 2018 – The National Indian Gaming Association (NIGA) held a historic meeting at the Sandia Pueblo located near Albuquerque, N.M., to discuss Tribal Sovereignty in the 21st Century. With a critical November election rapidly approaching, Tribal Leaders saw a need to come together and discuss how Tribal Sovereignty is evolving in this era of political turbulence. The naming of a new Supreme Court Justice is also in the mix and will greatly impact Indian Country. The Sandia Pueblo graciously offered to host this important meeting at their Resort and Casino. Sandia Pueblo Councilman and NIGA Board Member, Stuart Paisano, welcomed tribal leaders to the Sandia Reservation and thanked them for discussing this important subject at Sandia. Councilman Paisano stressed the impact of where Tribes were 40 years ago and how far they have come economically and politically without sacrificing those sacred Treaties signed with the United States. He held Sandia Pueblo up as just one of many examples in Indian Country where adherence to the principle of sovereignty has led to long lasting positive change for its Tribal citizens. The meeting began with an address from one of Indian Country’s emerging political leaders, Debra Haaland, candidate for the New Mexico’s 1st Congressional District. A citizen of Laguna Pueblo, Ms. Haaland stressed the importance of remembering our forefathers that fought for, defended, and preserved, our way of life. She recounted her own father that fought for this country in Vietnam and took a job off the reservation but worked tirelessly to instill his Laguna Pueblo culture in his children. This family scenario has been part of Indian Country’s story since the first treaties were signed: Native American citizens trying to survive and

figure out where their cultures and families can peacefully exist in an era of change. Ms. Haaland’s inspiring words come at a time when Native American women are poised to make incredible political inroads this November. Paulette Jordan, Coeur D’Alene Tribal member, NIGA Secretary, and candidate for Idaho Governor, would be the first Native American governor in U.S. history. In Kansas, Ho-Chunk Tribal citizen Sharice Davids, is a candidate for the 3rd Congressional District and hopes to join Ms. Haaland in Congress in November. Finally, Peggy Flanagan, a White Earth Band of Ojibwe citizen, won the Democratic party’s nomination for Lieutenant Governor in Minnesota and her opponent, Donna Bergstrom, a member of the Red Lake Band of Ojibwe, won the Republican nomination. No matter the result, history will be made when, for the first time, a Native American Woman will be the Lieutenant Governor of Minnesota. Thanks to these outstanding Native American women candidates, this election cycle could be a truly transformative year for Indian Country and protecting tribal sovereignty. Tribal Sovereignty and Current Economic Challenges Facing Tribes One of the longest and enduring challenges to Tribal Sovereignty is the power to tax activity on Indian Reservations. Carrie Frias, Chief General Counsel of the Pueblo of Pojoaque, provided a very thorough presentation on the interplay between the IRS and fair treatment of Tribes under this country’s tax code. Equally as important, is the fair treatment of Tribes under this nation’s labor laws. Tribal leaders received a briefing from Mr. Dave Devendorf,

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Nighthorse Consultants, and John Harte at Mapetsi Consulting, on the respect Tribal Governments are due under our Treaties and the U.S. Constitution. State and local government enterprises, incorporated under state charter, are not subject to Federal labor laws. Tribal Government-owned entities are owned in the same respect and should also be exempt. Fair treatment under the labor laws and tax laws of this country is central for Tribal entrepreneurs doing business in Indian Country. Tribal leaders heard from two of the most successful Tribal businesspeople in Indian Country on their challenges raising capital and diversifying their tribal economies in the face of historic and discriminatory regulatory burdens on Tribal enterprises. Mr. Derek Valdo, CEO of AMERIND, a native-owned insurance company based in Indian Country at the Santa Ana Pueblo in New Mexico, encouraged Tribal Leaders to stand their ground on Tribal Sovereignty and look to their own tribal governments and agencies to protect tribal enterprises. Similarly, Cherokee citizen Mr. Shane Jett from the Citizen Potawatomi Community Development Corporation in Oklahoma, stated that Indian Country has had to work twice as hard to obtain financing for capital ventures. Mr. Jett cited the opportunities available to Tribal Government leaders to tap into community development by helping to fund our Native youth entrepreneurs. He encouraged Tribal leaders to educate their politicians and federal bureaucrats on the Sovereign status afforded to Tribal Government entities under Treaties, the Constitution, and the Indian Reorganization Act (IRA). Mr. Jett has been successful in obtaining financing from the Community Development Financial Institutions Fund (CDFI), a federal government grant program, to help jump start economic activity on Indian lands in Oklahoma. Tribal Leaders also heard from guest speakers at lunch looking to employ mass media to enhance the perceptions of Tribal Sovereignty. Native American film and T.V. Director, Chris Eyre, is seeking to use Native-owned companies to broadcast Indian stories to wider audiences. He is working with Elizabeth Bell, Attorney-at- Law, working in Hollywood to secure Tribal financing for Native American themed films and TV shows. Dr. Joley Proudfit made a special appearance to give her story about how Indian gaming helped her tribe completely change their economic opportunities and presence in California within the last decade. The message from our speakers in regards to the importance of increasing our perspectives in media was this: taking control of Indian stories and histories, and presenting them on platforms such as cable TV and world-wide release at theatres, would allow Indian Country to tell the story of preserving Tribal Sovereignty through Indian eyes. John Echohawk, Executive Director of the Native American Rights Fund (NARF) presented a Supreme Court update of cases before the Supreme Court and lead a discussion of how these cases could have large potential impacts on Tribal Sovereignty. Another focus of his presentation was the nomination of Brett Kavanaugh to the Supreme Court and his record on Indian Law. Finally, as the leading voice for the Indian Gaming Community, NIGA focused the end of the meeting on two gaming subjects that impact Tribal sovereignty directly: Class II gaming and Sports betting. Longtime tribal advocate and former NIGC Commissioner, Elizabeth Homer, Osage Nation, told Tribal leaders that Class II gaming is the bedrock of Tribal gaming. She said, “As the sole form of gaming that is completely regulated by Tribes, Indian Country must remain committed to offering this class of games as an

entertainment option.” Russell Witt, Director of Class II Gaming at Ainsworth and NIGA Board Member, and Jerry Danforth, V.P. of Aries Gaming (formerly Rocket Gaming), both described for Tribal leaders the technological innovations taking place in the Class II industry. Jerry Danforth said, “There is no better example of exercising your sovereign rights, than the opportunities for tribes and their operation of Class II gaming machines.” Witt said, “With the technological advancements in the development of Class II gaming machines, we are adding new dimensions to the gaming experience on the gaming floor.” Since the Supreme Court overturned the statutes outlawing Sports Betting, Tribal Leaders have been sorting through how that decision impacts their gaming compacts with the States and their casino operations. Chief of Staff at NIGA, Debbie Thundercloud, led a discussion on the impact of sports betting in Indian Country. She was joined by New Mexico State Representative, Georgene Louis, and Apache Tribal Member Richard Frias of Capitol Hill Policy Group, to discuss the “on-the ground” movements in Indian Country towards operating a sports betting operation. It is likely that the Mississippi Choctaw Nation will be the first Tribe to offer sports betting in Indian Country. The panel members noted the uniqueness of the Mississippi Choctaw position as a self- regulating Tribe in a Class III gaming state that does not require them to have a compact. In New Mexico, similar to other states such as Washington and Oklahoma, the Governors and legislatures are very interested in authorizing sports betting under State law. However, the compact ramifications for Tribal casino operations and the potential that it will violate Tribes’ exclusivity to offer gaming, strikes directly at Tribes’ sovereignty to regulate their own affairs on the reservation. As Tribes look to the future, these types of intricate economic and technological issues are likely to continue to impact Tribal sovereignty and what it means to exercise tribal sovereignty in the 21st Century. Chairman Stevens stated: “Our work here today and the information provided by these esteemed panelists will help to define and further Indian Country’s defense of Tribal Sovereignty. Our forefathers never intended for their people to be stuck in time when they negotiated Treaties with the U.S. Tribal citizens have the sovereign right to engage in economic activity free from undue State and Federal regulatory burdens. This has been a centuries- long struggle, but with hard work and perseverance, our reservation economies continue to grow and help improve the lives of our citizens and neighbors.” NIGA will continue discussing Tribal Sovereignty in the 21st Century at our Mid-Year Conference from September 25-27 at Pechanga Resort in Temecula, California. We hope you can join us at Pechanga and we look forward to continued dialogue and input from Tribal Leaders throughout Indian Country.

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NIGA MID-YEAR CONFERENCE 2018 MAJOR FOCUS ON SPORTS BETTING AT NIGA MIDYEAR CONFERENCE AND EXPO IGNITES RECORD BREAKING ATTENDANCE

NIGA Mid-Year’s focus on Sport betting closed out with the panel “The Road Ahead: Tribal Gaming After PASPA.” In the photo L-R Victor Rocha, President of Victor Strategies Moderator, NIGA Chairman Ernie Stevens, Jr., NIGA Chief of Staff Debbie Thundercloud, Greg Sarris, Chairman of the Federated Indians of Graton Rancheria and Mark Macarro, Chairman of the Pechanga Band of Luiseño Indians.

The National Indian Gaming Association (NIGA) is pleased to announce record-breaking attendance for the 2018 NIGA Mid-Year Conference and Expo, hosted at the Pechanga Resort & Casino on September 25 – 27, 2018. With a significant focus on Sports betting, close to 700 attendees participated in the annual event. On May 14, 2018, the United States Supreme Court overturned the Professional and Amateur Sports Protection Act (PASPA), which prohibited tribal and state governments from legalizing sports betting within their jurisdictions. In the wake of the Court’s decision tribal leaders have continued to analyze the impacts on tribal-state gaming compacts and on Indian gaming operations. To enhance discussions, NIGA coordinated the annual Mid-Year event to place a focal point on potential opportunities and challenges posed by legal sports betting. Panel discussions examined the economics and business of sports betting, the potential regulatory structure, and policy considerations for the emerging market. National Indian Gaming Association Chairman Ernie Stevens, Jr said, “While the Indian gaming industry has a strong seat at the table, it remains critical to maintain our focus on sports betting and

the many aspects of this new part of the national gaming market. We will continue working to ensure that tribal governments have the opportunity to offer this activity as part of their overall entertainment package and as an additional source of revenue for Tribal Government Gaming to promote tribal economic development, tribal self- sufficiency and strong tribal governments.” While the three-day conference hosted an array of dynamic topics and top-notch presenters on all aspects of Sports Betting, it was the meeting with the NIGA’s Member Tribes that brought the opportunities and challenges of sports betting to the forefront. On Wednesday afternoon, September 26, 2018, the member tribes of NIGA came together to discuss further the potentials of sports betting across Indian country. In late August, the Mississippi Band of Choctaw Indians became the first Tribe in the United States to add sports betting to their gaming operation portfolio. Mississippi Choctaw Chief Phyllis Anderson spoke of the success of their sportsbook’s first weeks in business and guided attendees through their process and next-steps for those tribes interested in venturing into Sports Betting entertainment.

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tribal leadership mid-year agenda. This session provided updates from around Indian Country, including further discussions of the Mississippi Band of Choctaw Indians’ sports betting operation. Moderated by Jason Giles, Executive Director of NIGA, and Valerie Spicer, founding partner of the Trilogy Group, the panelists included Steve Bodmer, General Counsel to the Pechanga Band of Luiseño Indians, Tauri Bigknife, Attorney General of the Viejas Band of Kumeyaay Indians, and Kevin Quigley of Foley Quigley PLC. The issue of sports betting was also examined throughout workshop sessions and education tracks, as well as a member tribe specific panel. OnTuesday, September 25, workshop presentations included “Big Data: Analytics in Sports Betting & Gambling.” The discussion centered on the value of data in a sports betting context, and how casinos, especially tribal operations, can stand to benefit by utilizing data to understand and engage the large and growing segment of avid sports fans willing to wager on sports. Moderated by Solange Jacobs Randolph, Senior Director of Marketing & Communications at VizExplorer, panelists included Stasi Baran, PhD, Co-Founder & COO of Qube Data Science, Inc; Chris Dougan, CCO of Genius Sports; Stuart Kerr, Chief Data Scientist at Pechanga Resort & Casino; and Dr. Laila Mintas, Deputy President of Sportradar U.S. The “Mobile Gaming: Disruption or Innovation in Tribal Gaming” panel examined the split in thinking about how mobile gaming (sports betting and mobile on-premise) can bring innovation to or disrupt the flow of the casino floor. The panel included Melissa Blau, Director of iGaming Capital, Brett Calapp, Chief Social Gaming officer of Pala Interactive, Richard Carter, CEO of SB Tech, Charles Cohen, Vice President of Mobile PlaySpot and North America Sports Betting at IGT and Daniel Kustelski, Co- Founder and CEO of Chalkline Sports. The panel was moderated by Frank Pracukowsky, Director of iGaming Capital. Attendees also heard from a top-notch group of panelists who discussed the “The Business & Economics of Sports Books,” which examined the delicate business of running a successful sportsbook, how new technology is changing the game, and provided insights for tribal gaming operators. Gene Johnson, Vice President of Victor Strategies moderated the panel which included Joseph M. Asher, Chief Executive Office at William Hill, Kip Levin, President and COO of FanDuel Group and CEO of TVG and Vic Salerno, President of US Bookmaking. To close out the day’s focus on Sports Betting, NIGA presented an Industry Roundtable and the Business Opportunities in Sports Betting panel. This panel, brought together experts who discussed the rollout of sports betting across Indian Country, the role of in- play-betting, internet, and mobile channels, factors to consider when choosing an operator, tribal exclusivity provisions in tribal-state gaming compacts, and regulatory regimes for sports betting.The panel also examined how sports betting can draw new customers to Indian Country casinos and build a new customer experience. Moderated by Russell Witt, Director of Operations at Ainsworth Gaming

Mississippi Choctaw Chief Phyllis Anderson presented the afternoon keynote address, where she spoke about the aggressive timelines the tribe took to bring sports betting to the Timeout Lounge at the Pearl River Resort.

In her Keynote Address, Chief Anderson shared the aggressive timelines they took to bring their sportsbook to fruition. The process included adopting and gaining approval of an amended Class III ordinance, creating a sports betting division within their gaming commission, amending tribal regulations, bringing consultants to the team to provide expertise and initiating their vendor selection process. She went on to say that because of the need to quickly roll out the process, they were able to begin with a traditional in-person counter to accept wagers, and described plans to add on-premises mobile and kiosk wagering in the coming months. Of the Supreme Court ruling to overturn PASPA, Anderson said, “We saw this as an opportunity to pursue Sports Betting at a time of the year when football is key and in Mississippi people love to bet on their teams. It is a great accomplishment to become the first tribe to open an independently operated Sports Book.” She added, “It takes a bunch of people working together to make these things happen. We had to start from scratch and our team had a very sharp learning curve, but they delivered.” Anderson proudly spoke of the outstanding venue available to their gamers to enjoy as a prelude to presenting a brief video clip unveiling the introduction of their sports book at their Timeout Lounge located at the Pearl River Resort on the Tribe’s Reservation. The “Sports Betting in Indian Country” panel closed out the

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“The Road Ahead: Tribal Gaming After PASPA,” panel discussion closed out NIGA Mid-Year 2018. This session included discussion of some of the most critical The “Regulating Sports Betting & Emerging Gaming” In the photo L-R: Chris Stearns, Commissioner of the Washington State Gambling Commission moderated the panel, which included Billy David, Owner of Bo-Co-Pa & Associates, Ron Flores, Chairman of the Pechanga Gaming Commission, John Roberts, Commissioner of the Nottawaseppi Huron Band of the Potawatomi Gaming

Technology, panelists included Vernon Finley, General Manager of Grey Wolf Peak Casino in Montana, Debbie Thundercloud, Chief of Staff at NIGA, Lee Torres, General Manager of Pechanga Resort & Casino and Seth Young, Executive Director of Online Gaming, Foxwoods Resort and Casino. On Thursday, September 27, NIGA Mid-Year discussions continued to target the opportunities in Sports Betting. To kick off the discussions, a panel entitled, “Technology & Responsible Gambling: The Casino in Your Hand.” Panelist included Cameron Conn, Founder and CEO of GameSecure, Connie Jones, Director of Responsible Gaming at AGEM, Robert Jacobson, Executive Director of the California Council on Problem Gaming and moderated by Kevin Mullaly, Vice President of Governmental Counsel, GLI. The panel discussed the hard questions regarding the alignment of technological tools with peer-reviewed research, the measurability of results from using the tools, their impact on a diverse consumer base and how to prevent unintentional harm. The “Regulating Sports Betting & Emerging Gaming” panel came together to focus on the future of sports betting in Indian Country, and identify the mixture of sports betting products that are entertaining but also safe, secure, and legal. Tribes and tribal regulators will be on the front lines of providing oversight of new channels, including mobile and online, as well as evolving products like in-play wagers. The panel provided considerations regarding the necessary tools and best practices for regulating sports betting. The group also explored what tribes can learn from other jurisdictions already governing sports betting. Chris Stearns, Commissioner of the Washington State Gambling Commission moderated the panel, which included Billy David, Owner of Bo-Co-Pa & Associates, Ron Flores, Chairman of the Pechanga Gaming Commission, John Roberts, Commissioner of the Nottawaseppi Huron Band of the Potawatomi Gaming Commission and George Rover, Managing Partner at Princeton Global Strategies.

questions facing Indian Country today related to Sport Betting, which included discussions on opportunities, issues facing smaller tribes, tribal exclusivity, gaming compact renegotiation potentials, new stakeholders, new Constitutional Amendment in California on sports betting, and realistic timeline for the rollout of sports betting in states. Victor Rocha, President of Victor Strategies moderated the panel that included Mark Macarro, Chairman of the Pechanga Band of Luiseño Indians, Greg Sarris, Chairman of the Federated Indians of Graton Rancheria, Ernie Stevens, Jr., Chairman of the NIGA and Debbie Thundercloud, Chief of Staff at NIGA. As the Indian gaming industry and tribal leadership gathered for NIGA’s Midyear Conference, a subcommittee of the House of Representatives Judiciary Committee held a hearing to examine sports betting in the United States in the post-Murphy v. NCAA era. While some witnesses pressed against federal oversight, conservative members of the subcommittee pressed for a strong federal regulatory role over sports betting in America. As noted by the content of our Mid-Year Conference, it is clear that Sports Betting is an important matter on our radar. All of Indian Country will continue to monitor this as it moves forward. Chairman Stevens concluded the Mid-Year by saying, “Our Mid-Year attendance is proof that we are ready and willing to take our place at the table when it comes to opportunities in Sports Betting and to enhance tribal government gaming revenues.”

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NIGA MID-YEAR CONFERENCE 2018

NIGA BOARD MEETING KICKS OFF THE ANNUAL MID-YEAR GATHERING AT PECHANGA RESORT & CASINO

National Indian Gaming Association Treasurer Andy Ebona provides his annual report to the board of directors during the Mid-Year Conference at the Pechanga Resort & Casino in Temecula, CA

The National Indian Gaming Association (NIGA) is hosting its annual Mid-Year Conference this week at the Pechanga Resort & Casino. The Conference includes a wide array of workshops, sessions, and the mid-year tribal leadership meeting along with Tribal leadership awards luncheon. The kick-off event occurred last night at the NIGA Board of Directors meeting followed by a reception hosted by the Pechanga Tribal Council. National Indian Gaming Association Chairman Ernest Stevens, Jr. welcomed the Board and acknowledged the tremendous support of the Pechanga tribal leadership. “We are so glad to be here at this beautiful property. It is one of the finest examples of the success of tribal government gaming there is.” Chairman Stevens added, “when you look around, you can see the tremendous positive impact Pechanga has had on the city of Temecula. This economic machine has continued to turn this community around.” “We have a great schedule planned over the next few days at our Mid-year, and we have set records for attendance. We welcome this opportunity to bring our member tribes together and keep them informed on the trending issues confronting the Gaming Industry.” As part of the meeting, the Board heard a presentation from a representative of the National Law Enforcement Museum, which included former Chairman of the Sycuan Band of Kumeyaay Indians, Danny Tucker and retired Senator Ben Nighthorse Campbell. The National Law Enforcement museum, anticipated to open in the fall of 2018, will include an honoring of Indian Country policing. Senator Campbell who is a former law enforcement officer and authored the law to establish the National Law Enforcement museum said, “The Museum will tell a story of American law enforcement and will include content on the important role that Native Americans and Indian Country law enforcement officers have played in our nation’s history.” Ray Hord, Chief Development Officer of the National Law Enforcement Museum, provided an overview of the project and the honoring of Indian country law enforcement. He said, “The museum will strive to impart the Tribal Nations history of success.” Presentations also included a preview a clip of the upcoming movie “The Pipeline,” based on true stories surrounding the building of the Trans-Alaska Oil Pipeline, written and directed by

Caitlin Kazepis. Native American actor Wes Studi joined Kazepis and the film’s producer, Alexis Iacono, to garner tribal support for the film. Studi said of the film, “Storytelling is done in many ways that will pass along who we are to future generations, enabling ourselves to continue in the true stories of our lives.” Adding, “Filmmaking has become a method of doing so. This feature film tells our true story of the effects the pipeline has had and the effects of the generational trauma.” Jason Giles, Executive Director of NIGA, provided his bi-annual report to the board with legislative updates and a report on the upcoming Indian Gaming Tradeshow in 2019 which is to be held at the San Diego Convention Center, April 1 – 4, 2019. Giles also provided an overview on the proposed reorganization of the Department of Interior and the importance of the 2018 elections. Andy Ebona, Treasurer of NIGA also provided a 2018 budget update and presented the proposed 2019 budget for adoption. The Board unanimously approved the following resolutions: • PEC-BOD-09-24-17, “Supporting the National Law Enforcement Museum to Create a Changing and Traveling Exhibition and Permanent Learning Center to Showcase and Teach the Proud Story of Tribal Government Policing.”The resolution requests tribal nations to support the museum to ensure the highest quality learning center and policing of Indian Country Exhibition, including support for the touring exhibitions. • PEC-BOD-09-2417 – “Opposing the Department of Interior Reorganization Plan as Presented” The resolution calls on the Department of Interior to thoroughly consult with Indian tribes on the proposed reorganization on a government-to-government basis and calls upon the House Natural Resources Committee and the Senate Indian Affairs Committee to exercise their oversight authority and request a detailed reorganization plan from Department of Interior Ryan Zinke and its impact on Tribal nations.

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NATIONAL INDIAN GAMING ASSOCIATION HOSTED 2018 MID-YEAR MEMBER TRIBE MEETING

The National Indian Gaming Association hosted the annual NIGA Mid-year Membership Meeting at the Pechanga Resort & Casino on Wednesday, September 26, 2018. NIGA Chairman Ernie Steven Jr., opened the gathering, welcoming the leadership to the annual meeting. “We are here ready to work, to update our Tribal leadership, continuing to showcase our presence in Washington, D.C., and to stand firm in the protection of tribal sovereignty and our rights throughout the country.” He added, “We are here at the newly expanded Pechanga Resort & Casino, one the most successful tribal gaming properties and a great example of how far tribal gaming has come.” Stevens acknowledged the upcoming milestone of the 30th anniversary of the enactment of the Indian Gaming Regulatory Act (IGRA.) He said, “Clearly, IGRA did not come from Indian Country. The Act was a compromise that tried to balance tribal, federal and state government interests. While the Act is far from perfect, Indian Country has made it work for our governments, our communities and our people for over thirty years now. Our celebration wraps around what we did, the product of our thirty years of hard work, despite the (setback) of IGRA. Those elders leaders who fought on behalf of NIGA would be proud of our work, but they would never appreciate the compromise. Nonetheless, we move forward. Stevens cited the most recent tribal gaming numbers including the Indian Gaming national economic output of $103 billion with $35.5 billion in compensation and an employment base of 770,000 jobs, of which, $59 billion of the total economic output is off- reservation, which benefits local, state and federal economies. The Indian gaming industry now comprises 44.3% of the overall Gaming Industry, with commercial casinos at 43.3% and racinos at

12.4%. Stevens added, “We are the largest segment of the overall gaming industry in the United States. It may be by a mere 1%, but our growth year after year and even during the great recession has proven that Indian Gaming can compete, and we are rising to our rightful place in the American economy.” National Indian Gaming Commission Chairman Jonodev Chaudhuri, presented the “NIGC Regulatory Update and Tribal Gaming Revenue and Performance For 2018,” Chaudhuri shared with the attendees that the NIGC will be celebrating the 30th anniversary of the Indian Gaming Regulatory Act (IGRA), which was enacted by the United States Congress on October 17, 1988, to regulate the conduct of gaming on Tribal Lands. IGRA established the NIGC and the regulatory structure for Indian gaming in the United States in an event at their offices on October 16th. Chaudhuri commended the tribal gaming industry in the path of success since the enactment of IGRA, and he said, “The successes of Indian gaming in the 30 years since IGRA is reflected in the flourishing and constantly growing gaming industry. Further, it is proving that the foundational principals of federal Indian law should remain at the forefront of any future public policy discussion.” With the 2018 elections approaching in November, NIGA conducted the “Indian Country: Getting Out the Vote and Impacting the November Elections,” which was presented by Jesse Fraire, Statewide Census Coordinator and Robin Thundershield, Canvasser and Educators of the California Native Vote Project, which seeks to create historic advancements in Native American voter engagement and registration in California. Their goal is to achieve equity for Native American peoples and increase our communities’ political participation throughout the state by registering thousands of voters for upcoming elections.

10 | INDIAN GAMING UPDATE - SPRING EDITION 2018

National Indian Gaming Commission Chairman Jonodev Chaudhuri, presented the NIGC Regulatory Update and Tribal Gaming Revenue and Performance For 2018 to the Member Tribes of NIGA

Tribal leader discussions centered around protecting tribal sovereignty in the legislative and regulatory arenas, which included a dialogue titled “Implementation of the General Welfare Exclusion Act: Codifying Fair Tribal Tax Treatment Under the Law” presented by Randy Phelan, Vice Chairman of the Mandan, Hidatsa and Arikara Nation and Alison Grigonis, who is a Senior Attorney at Dorsey & Whitney, LLP. Phelan said, “At the MHA Nation, we worked hard to secure the Congress’s enactment of the Tribal General Welfare Exclusion Act because we have a right to provide our own tribal members with programs and services. That’s the basic part of our tribal government, providing for the general welfare of our people. He added, “We need to keep going and preserve our rights to self- government and freedom from state taxation and regulatory interference in our homelands.” John Harte, a partner at Mapetsi Consulting, provided an overview of the Tribal Labor Sovereignty Act (TSLA) with a presentation outlining all of the historic NLRB cases with regard to Indian Country. He culminated the discussion by saying, “We need to educate members of Congress on the NLRA’s faulty reasoning with regard to Tribes and the political sub-division test, which is what we need to get back to.” Kayla Gebeck, a Senior Policy Advisor at Holland & Knight, LLP discussed the “Farm Bill and Medicaid Work Requirements. Of importance is that we are running out of time as the current bill expires on 9-30-18 and the SNAP Work Requirements. She stressed the need for an emergency solution as funds won’t be available to Tribes if the bill expires. Mark Van Norman, of VN Consulting LLC, and Hilary C. Tompkins, a Partner at Hogan Lovells and former Solicitor, U.S. Department of the Interior presented the Tribal Sovereign Immunity and Risk Management discussion. Tomkins, who served in her capacity as Solicitor at the DOI, provided an overview of recent and current cases that have challenged the status of tribal sovereign immunity from her perspective as Solicitor. Of the uncertainty of the current political climate Tompkins added, “Now more than ever, it is important that we strategize and figure out how to build the best cases that we take to court and how we fight back against the perception that if it doesn’t look Indian, because it’s not on reservations that somehow you don’t have right to regulate that or have the sovereign authority.” In the afternoon sessions, Sports betting was the focus of discussion. Mississippi Choctaw Chief Phyllis Anderson provided a keynote on Sports Betting, where she talked about the successful first weeks of sports betting in Mississippi as the first Tribe in the U.S. to offer such entertainment. She was accompanied by her

professional staff, who remained to have one on one discussions with Tribal Leadership and those in attendance. She also provided the tribal leadership with the potential next steps for those interested in venturing into adding sports betting. She spoke of their aggressive timelines in adopting a Class III Ordinance, creating a Gaming Commission, amending Tribal Regulations, bringing on consultants to provide expertise and initiating a vendor selection process, all within a six-month timeline. She said, “We saw this as an opportunity to pursue Sports Betting (referring to the Supreme Court case) where football is key, and people love to bet on their teams. It is a great accomplishment to become the first Tribe to open an independently operated Sports Book!” The Chief was met with great applause and excitement from the crowd! A “Sports Betting in Indian Country,” panel closed out the mid-year membership agenda. In May 2018, the Supreme Court overturned the statutes outlawing Sports Betting, and Tribal Leaders have been sorting through how that decision impacts their gaming compacts with the States and their casino operations. This session provided updates on the status of the Sports Betting discussions in the State of California. The session moderated by Jason Giles of NIGA, and Valerie Spicer, founding partner of the Trilogy Group with panelist including Steve Bodmer, who serves as General Counsel to the Pechanga Band of Luiseño Indians, Tauri Bigknife, Attorney General of the Viejas Band of Kumeyaay Indians and Kevin Quigley of Foley Quigley PLC. The panel discussed the proposed 2020 California Ballet for a Constitutional Amendment to allow for Sports Betting. The looming two-year discussion will need to balance the rights that California Tribes have in their current compacts, their many years of expertise in the gaming industry and the public sentiment that has grown in support of Indian Gaming in California since the early nineties. Needless to say, the costs and benefits of an amendment will need to be weighed very carefully for a minimally margined amenity. The country will most certainly be watching this debate as it unfolds. As we close out the year, NIGA will maintain its strong presence in Washington, DC staying close to the legislative activity, monitoring initiatives of the current Administration on behalf of Indian Country and promoting the Native Vote in the Mid-Term elections. NIGA will be gearing up for a December gathering of the NIGA Leadership to discuss creative solutions for rural tribes who want to be involved in Sports Betting and to also address taxation and the implementation of the General Welfare Exclusion Act.

11 | INDIAN GAMING UPDATE - SPRING EDITION 2018

NIGA HONORS 2018 JOHN KIEFFER SOVEREIGNTY

AWARD RECIPIENT AT NIGA MID YEAR CONFERENCE

honoring his father’s memory with the award. “It is a great honor for the Spokane tribe and my family. My dad loved being on the tribal council, and he fought hard for Indian gaming. He was a great man who continued to fight hard for Indian country.” Macarro was nominated for his selfless dedication to NIGA’s mission and goals, his commitment to the demonstrated advancement of NIGA’s objectives, his advocacy on behalf of Indian sovereignty and his commitment to Indian economic development. Chairman Stevens presented the Kieffer award to Chairman Mark Macarro. Stevens cited the Pechanga council’s nomination, “During his tenure as tribal chairman, the Pechanga Band has seen a resurgence of growth and opportunity for its people including economic diversification, tuition assistance and higher education scholarships, advanced healthcare, environmental protection, culture rejuvenation, sacred sites protection, and language revitalization. The Pechanga Band saw its small gaming operation that opened in 1995 in modular trailers with only 135 employees grow into one of the largest resort and casinos in the western United States.” Stevens added, “With the recent opening of the second hotel tower at the Pechanga Resort and Casino, the Tribe is now responsible for the employment of nearly 6,000 Southern Californians offering unparalleled service and amenities to guests. Chairman Macarro works tirelessly for his people, his family and Indian Country.” Upon accepting the award, Macarro talked about the Pechanga leadership team, acknowledging each of the members. He shared with the attendees that it has been National Indian Gaming Association presents the John Kieffer Sovereignty Award to Pechanga Chairman Mark Macarro at the 2018 NIGA Mid-year honoring luncheon. In the photo L-R Front Danny Kieffer, son of the late John Kieffer, Chairman Mark Macarro, Greg Abrahamson, Spokane Tribal Councilman. L-R Back NBA Basketball legend AC Green and NIGA Chairman Ernie Stevens, Jr.

The National Indian Gaming Association (NIGA) honored Mark Macarro, Chairman of the Pechanga Band of Luiseño Indians with the prestigious John Kieffer Sovereignty Award at the 2018 NIGA Mid-Year Conference and Expo. Hosted at the Pechanga Resort & Casino in Temecula, the John Kieffer Sovereignty Award was presented to Macarro during the Sovereignty Luncheon that is held each year during the NIGA Mid-Year Conference. Named in honor of the late John Kieffer of the Spokane Tribe, recipients of this prestigious award are chosen based on their embodiment of NIGA’s mission and purpose. Kieffer was a dedicated member of the NIGA Executive Committee and advocate for Indian self-determination and tribal sovereignty. Chairman Stevens reflected on the late John Kieffer, “So many great things have happened in Indian country, but we still have a lot of work to do. There are so many tribes that need us. That’s why we need more people like the late John Kieffer. He was a worker, who worked hard morning, noon and night. He worked hard for his people, his family and he worked hard for Indian country. We memorialize him and celebrate the memory of his life.” Spokane Tribal Council Members Greg Abrahamson and Danny Kieffer, the son of John Kieffer spoke about Kieffer’s life, his determination and his service to Indian country. “It is always hard to fill in where my dad left off. I continue to say that it is a dream for me to be able to follow in his passion for leadership. I have big shoes to fill, and I am grateful to NIGA for keeping his memory alive through this honoring” Danny Kieffer, who is serving in his second term on the tribal council at the Spokane Tribe thanked NIGA for

12 | INDIAN GAMING UPDATE - SPRING EDITION 2018

Pechanga Band of Luiseño Indians Chairman Mark Macarro accepts the John Kieffer Sovereignty Award at the NIGA Mid-Year Luncheon Banquet

1995; 2018 marks his 23rd consecutive year as Tribal Chairman. Chairman Macarro believes it is critical to maintain and cultivate the Pechanga tribal culture, language, and traditional lifeways so that the Pechanga people can preserve their unique tribal identity. Macarro has a Bachelor of Arts degree in Political Science from the University of California, Santa Barbara. This year, Macarro joined the ranks of

such an honor to serve as the Pechanga Tribal Chairman. He said, “This is an exciting time for all of us. We get to see the opportunities to make things better for our people, for our families, and to help correct some injustices. I’m grateful for the honor. I accept the award on behalf of the Pechanga people, past, present and future.” He recognized his wife Holly and his children for their continued support of him in his service as tribal chairman.

“ This is an exciting time for all of us. We get to see the opportunities to make things better for our people, for our families, and I’m grateful for the honor. I accept the award on behalf of the Pechanga people, past, present and future.” --Mark Macarro to help correct some injustices.

past recipients of this honor including John Warren, Chairman of the Pokagon Band of Potawatomi Indians, David Bean, Vice Chairman of the Puyallup Tribe of Indians, Kevin Brown, Chairman of the Mohegan Tribe of New York, and Melanie Benjamin, Chief Executive of the Mille Lacs Band of Ojibwe; Kurt Blue Dog of the Shakopee Mdewakanton Sioux Community; Tracy Burris of the Chickasaw Nation; Chairman Mark Brown of the Mohegan Tribe; Chairwoman Lynn Valbuena of the San Manuel Band of Mission Indians; and Anthony R. Pico, former chairman of the Viejas Band of Mission Indians, just to name a few.

Mark Macarro, is the duly elected Tribal Chairman of the Pechanga Band of Luiseño Indians in southern California. Macarro’s vision for the Pechanga people is to see the Band strengthen its political self- determination and economic self-sufficiency by developing a diversified economy for the Pechanga Band while maintaining its distinct and unique cultural identity. Chairman Macarro was first elected to the Pechanga Tribal Council in 1992. Mark has served as the Tribal Chairman since

13 | INDIAN GAMING UPDATE - SPRING EDITION 2018

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