Indian Gaming Update - August 2012

August 2012 | Volume 3, Issue 13

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on the issue of internet gaming

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the legislative summit wrap up

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Iroquois national Lacrosse Squad Beats Team USA For The First Time Ever

on the issue of internet gaming online gaming is on the horizon.

The National Indian Gaming Association just wrapped up hosting our 2012 summer Legislative Summit in Washington, DC. Over 260 tribal leaders attended the two-day event. It was hosted in the Rasmussen Theater in the National Museum of the American Indian and in the Senate Committee on Indian Affairs hearing room in the Dirksen Senate Building.

During the Summit, NIGA’s Member Tribes met face-to-face with Members of Congress and their policy advisors who are involved in the federal Internet gaming debate. Tribal leaders gave the Congress a real time update from Indian Country about their views on federal Internet gaming legislation as well as the many other current issues of interest to tribal communities. And this year, we have many.

However, NIGA’s Membership focused most of its attention on the debate surrounding federal legislative proposals to legalize Internet gaming in the United States.

As you might now, this debate took a sharp turn in December of 2011 when the United States Department of Justice (DOJ) made public its reinterpreted legal opinion on the Wire Act, concluding that “interstate transmissions of wire communications that do not relate to a ‘sporting event of contest’ fall outside the reach of the Wire Act.” DOJ found that the Wire Act does not bar the intrastate Internet lotteries proposed by the states of Illinois and New York,

which asked for the opinion.

The DOJ opinion opens possible Internet gaming expansion for both tribal and state governments.

Because many difficult legal questions remain, no jurisdiction has yet moved beyond selling lottery tickets over the Internet. However, both Nevada and Delaware have moved forward with authorizing legislation that enables those states to offer games other than lottery tickets over the Internet.

This debate holds great importance to the 247 tribal governments that have used revenues generated from Indian gaming to rebuild our communities.

Indian tribes in twenty-six states (26) from across a wide section of Indian country use gaming revenues to rebuild community infrastructure, educate Native children, improve health care for our elders, enhance public safety, and much more.

In 2010 alone, Indian gaming was responsible for $86 billion in total economic output, which includes 706,000 American jobs, and $29.2 billion in wages.

The jobs data includes 306,000 direct jobs ($12.6 billion in wages), 140,000 indirect jobs (6.3 billion in wages), and 260,000 induced jobs ($10.2 billion in wages).

Indian gaming revenues have also saved thousands of American jobs outside of Indian country. A June 2011 National Public Radio report, titled “Casino Revenue Helps Tribes Aid Local Governments,” acknowledged that revenue from the Stillaguamish

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Oglala Sioux Tribe President John Yellowbird Steele stands with other tribal leaders for the opening prayer of the NIGA Legislative Summit. The first day of the summit was held in the National Museum of the American Indian’s Rasmuson Theater.

Tribe of Washington helped prevent additional layoffs at the local Everett, Washington prosecutor’s office.

The article also noted to the $1.3 million that the Tulalip Tribes recently gave to the local school district after they heard about possible budget cuts and teacher layoffs. These same scenarios are taking place in more than a hundred local jurisdictions throughout the United States, saving thousands of jobs for American health care workers, fire fighters, police officers, and many other local officials that provide essential services to children, elders, and others.

As governments, acknowledged in the U.S. Constitution, Indian tribes are not directly taxed. However, according to the 2010 Economic Impact Report, Indian gaming generates $9.5 billion annually in federal, state, and local tax revenue, and an additional $1.5 billion in direct payments to federal, state, and local governments in the form of payments to defray regulatory costs, revenue sharing, and other cooperative agreements.

So as you can see, there is much at stake to not only Indian Country, but the Nation as a whole in the federal debate to legalize Internet gaming.

In the face of the DOJ Wire Act opinion, NIGA’s Member Tribes and our legislative partner, the National Congress of American Indians (NCAI), remain committed to protecting tribal sovereignty in any Internet gaming legislation that moves forward.

Our consensus position requires that Internet legislation must: protect tribal sovereignty, preserve the

integrity of IGRA and existing gaming compacts, provide tribes with equal access to the new industry, and treat tribes as governments – exempting potential tribal Internet gaming revenue from taxation. Tribal gaming revenues are 100% taxed, as all funds are required by federal law to fund health, education, public safety, and general care programs.

Current bills introduced in the House of Representatives do not meet the principles endorsed by tribal governments. These bills have received several hearings in the Fall of 2011, but have stalled to date in 2012.

NIGA and our Member Tribes have consistently visited with a broad group of Members of Congress, and it remains Tribal Leaders hope that any directive to Internet legislation adheres to the principles stated above.

In less than 25 years under IGRA, tribal governments have made great strides in making the policy of self-determination work to heal the harms inflicted by more than a century of failed federal policies to assimilate and decimate tribal life. However, as everyone in Indian Country knows, we have much work to do. Now is not the time to undercut this success.

NIGA and our Member Tribes will use this important week of our Legislative Summit to continue to educate all Members of Congress and remain vigilant throughout the year until the final bell tolls on the 112th Congress. Members of Congress are asking for more tribal guidance on Internet gaming and during this year’s summit, we will have something to tell them.

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the Legislative Summit Wrap up NIGA HOSTS OVER 260 ATTENDEES The first day of the Summit was held in the National Museum of the American Indian. The power and symbolism of this building located on the steps of the Capitol was an appropriate setting for Tribal leaders to discuss the variety of issues facing our communities, including: the discriminatory audits of Tribal governments by the Internet Revenue Service (IRS), threats to the restoration of Tribal homelands by recent U.S. Supreme Court decisions, and the push from Indian country to reauthorize the Violence Against Women Act (VAWA) to restore tribal authority to investigate and prosecute non-Indian crimes of domestic and dating violence. The primary focus of NIGA’s Member Tribes is on the federal efforts to legalize Internet gaming in the United States.

Ayesha Khanna, Counsel and Policy Advisor for Senator Reid, addressed the audience in the NMAI’s Rasmuson Theater to discuss the Senate’s efforts to develop a federal Internet gaming bill. She informed attendees that Senator Reid is working with Senator Kyl (R-AZ) to pass Internet poker legislation. Ms. Khanna stated that in the drafting process that tribal revenues will not be taxed. Tribal leaders voiced their concerns about the regulatory framework and whether that would be conducted by the states, or federal oversight. Ms. Khanna stated that Senator Reid will not release a draft of the bill until they have additional bipartisan support for the proposal.

Tribal leaders heard from the National Indian Gaming Commission (NIGC) Chairwoman Tracie Stevens. Tribal leaders are concerned that the NIGC’s proposed Class II regulations are still not sufficient to protect the viability of older class II machines that remain an important offering in many tribal casinos. Chairwoman Stevens stated that the NIGC, at NIGA Tribal members’ request, would extend the deadline for these regulations and continue to take

Tribal Leader input. The new deadline for the class II regulations is August 15, 2012.

Tribal leaders also heard from a wide bipartisan list of congressional speakers and were addressed Tribal leaders. Additionally, Chairman Akaka and Senators Tester and Franken shared their views on Tribal sovereignty and Indian gaming and Internet gaming. by Loretta Tuell, Chief Council of the Senate Committee on Indian Affairs, who stated their top priority is a legislative fix to the Carcieri v. Salazar case. Loretta also presented a discussion draft of an Internet gaming bill, called the “the Tribal Online Gaming Act,” at the Summit.

On Thursday, the Senate Committee on Indian Affairs held a hearing on Internet Gaming: “From Brick and Mortar to the Internet.” The witness list included Chairwoman Tracie Stevens of the National Indian Gaming Commission, Chairman ”Two Dogs” Bozsum of the Mohegan Tribe, Secretary Glen Gobin of the Tulalip Tribes of Washington, Chairman Jamie Hummingbird, of the National Tribal Gaming Commissioners/Regulators, and Elizabeth Homer an attorney and former NIGC Commissioner.

The witnesses shared consensus that the debate on Internet gaming is of special importance to Tribal governments since Tribal use gaming revenue for essential services to their communities.

Elizabeth Homer testified that the provisions in IGRA allow for technological aids in gaming and that Internet gaming is a natural outgrowth of new gaming technology.

NIGA’s Mid-Year Conference will present another opportunity for Tribal leaders to meet and discuss our most important legislative issues. The MidYear Conference will be held on September 18th19th at the Seminole Hard Rock Hotel & Casino in Hollywood, Florida.

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Iroquois national Lacrosse Squad Beats Team USA For The First Time Ever Beyond the Bronze: The Iroquois Nationals Come Home as Champions in Many Respects

Gewas Schindler, the youngest General Manager in Iroquois Nationals history, is very focused on keeping the “good mind” in lacrosse and in life.

A citizen of the Oneida Indian Nation and grandson of an Onondaga chief, Schindler grew up surrounded by traditional leadership, playing lacrosse as a way of life, then and now.

Last week, after the Iroquois Nationals won the bronze medal at the Federation of International Lacrosse 2012 U19 World Championships and made history as the first team to beat the USA (15-13) since the founding of the FIL. What’s even more amazing is that the Nationals played a man down the entire tournament. Due to an injury in the first game, per the tournament rules, they were only allowed to use the players who were on the roster submitted the Wednesday before the tournament started. That roster included no backups should a player get injured. So the Nationals played on, nine players versus ten in every game, with coach Bucktooth refusing to complain or make it even a point of interest.

They simply kept playing hard.

In addition to the bronze medal, the Iroquois Nationals had three players named to the All-World Team: Attack Seth Oakes, Midfielder Lyle Thompson and Goalie Warren Hill. Hill was also named Most Outstanding Goalie and Thompson was selected Most Outstanding Midfielder.

The journey to the 2012 competition had a deeper meaning for Schindler and the Nationals – it was also about identity and self-determination.

Once again the Iroquois Nationals were traveling to the world games on Haudenosaunee passports as an elite team of goodwill ambassadors, as the originators of the “Creator’s game,” that they share with the world.

Schindler was on the Iroquois Nationals men’s team

that was denied entry into England for the 2010 World Championships in Manchester, touching off a media storm that highlighted the longstanding rights of the Haudenosaunee to travel on their own passports as they had been for 30 years.

In the end, the team was stranded in New York lacking visas from England, unable to compete for the gold. “We were beat by paperwork, “ Schindler said with a smile.

On the 2012 journey to Turku, visas were issued, passports accepted and history made by an exceptional group of Native athletes and coaches that proved the Iroquois are capable of competing against countries, despite their small pool of players.

Their historic 15-13 upset over the United States was called the “game of the tourney.” The win was the first ever by the Iroquois over the USA, which had not lost in 24 years in the U-19 World Lacrosse Championships.

The Nationals then lost a second game to Team USA before beating England again 18-1 for the bronze medal.

The team just learned that the City of Syracuse and Onondaga County officials will issue a proclamation designating July 28 as Iroquois Nationals U19 Lacrosse Day. Oren Lyons, Onondaga Faithkeeper and Chairman of the Iroquois Nationals Board of Directors, said, “The victories of the Iroquois Nationals in the world games serves notice to the world that they are a powerhouse to beat. Our boys will be preparing for the world field lacrosse championships and we’ll meet Canada and the USA again.

“We’re very pleased that the longstick game of the Iroquois is being played around the world following our tradition. We keep the spiritual foundation of it strong.”

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photos from the 2012 summer legislative summit

check out more photos on our facebook page!

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don’t forget to register for the gOLF TOURNAMENT at the Jacaranda Golf Club!

Jacaranda Golf Club is located at: 9200 W Broward Blvd Plantation, FL Transportation will be provided. Shotgun start time is 8:30am