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
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