gaming professionals have fostered a gaming technological evolution for the entire industry. Like Indian gaming, the national gaming industry has considerably changed since IGRA’s enactment. In 1988, few non-Indian legal gaming operations existed outside of Nevada or Atlantic City, New Jersey. In the 35 years since, forty-two (42) additional states have legalized some form of land based commercial gaming within their borders, most within the last 10 years. The newly legalized sports betting industry has brought the online and mobile gaming industry with it, and not all of it in a positive manner. We are seeing a massive increase in so-called “sweepstakes gaming” which is actually just another form of illegal gambling dressed up as free mobile gaming. In addition, the Commodities Futures and Trading Commission (CFTC) is entertaining the notion of regulating sports prediction markets as part of its regulatory role in the Stock Market. This proposal would expand sports betting to all 50 States regardless of whether the State has authorized sports betting. The Indian gaming industry is evolving to address this changing landscape. In recent years, dozens of Tribal Governments have added legal sports wagering to Indian gaming operations. Tribes and States, as distinct sovereigns, should be deciding the public policy future of gambling, not foreign companies exploiting loopholes in new technology. Commercial gaming companies seeking to undermine state and tribal sovereignty yet again ignore the fact that Congress intended IGRA to foster the evolution of Indian gaming, providing Tribes the maximum flexibly to take advantage of modern technology. They also ignore the longstanding fact that Indian gaming has never been strictly limited to Indian lands. For example, off-track betting has always been an integral part of Indian gaming. While the races may take place off Indian lands, the wagers are accepted at the Indian gaming operation. Tribal governments are leading this debate, empowered in part by IGRA and the compacts that Tribes have carefully negotiated. The Commercial Gaming industry should take note and approach business in Indian Country in the same manner they approach business within a particular State. Tribes are working with States through the compacting process to clarify
6 – INDIAN GAMING - ANNUAL REPORT 2025
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