MORE NOTES –

POLITIC

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REGULATORY AND LEGAL

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WHY WE ARE STUDYING THIS:

Business and cultural interests are tied to legal directives

(which influence gaming business decisions)

and embedded in branding strategies (which use cultural imagery to draw and sustain business)

for, ultimately, profits are the point.

TODAY’S SCHEDULEPolicy and Political Issues:

State intervention

Federal intervention

Issues of sovereignty

Guidelines regarding use of revenues

Mandates about gambling

BREAK

Regulatory, legal issues:

Licensing

Compacts

Rights of tribes against states (and vice versa)

Taxation and accounting (including per capita payments)

EXAMPLE OF STATE INTERVENTION: CURRENT SUPREME COURT CASE OF

MICHIGAN V. BAY MILLS INDIAN COMMUNITY

• Bay Mills: Michigan Indian Land Claims Settlement Act allows gaming on lands acquired with settlement funds

• State of Michigan: Change sovereign immunity and state authority for gaming activity under IGRA.

EXAMPLE OF FEDERAL INTERVENTION: CURRENT SUPREME COURT CASE OF

MICHIGAN V. BAY MILLS INDIAN COMMUNITY

Supreme Court is asked to review IGRA to find Congressional intent to waive tribal sovereign immunity OR

Overrule Santa Clara Pueblo for less strict standard if legislation such as IGRA abrogates tribal sovereign immunity.

ISSUES OF SOVEREIGNTYTHE TERM “SOVEREIGN” MEANS “INDEPENDENT OF ALL OTHERS”

Rights and responsibilities include:

• The power to determine the form of government

• The power to define conditions for membership in the nation

• The power to administer justice and enforce laws

• The power to tax

• The power to regulate domestic relations of its members

• The power to regulate property tax

Example in Washington State: After an unannounced FBI raid, the U.S. Department of Justice agrees to notify the

Yakama Nation’s tribal police before executing search and arrest warrants.

GUIDELINES REGARDING REVENUE USE

UNDER IGRA, NET REVENUES FROM TRIBAL GAMING MUST BE USED TO:

Fund tribal government programs or operations;

Promote tribal economic development;

Provide for the general welfare of the tribe and its members;

Donate to charitable organizations; and,

Help fund operations of local government agencies.

Examples:

Florida Seminoles, California’s United Auburn Indian Tribe, Arizona’s Gila River Indian Community, Prairie Band of Potawtaomi in Kansas

MANDATES ABOUT GAMBLING

• Required by states as a public service message

• Issues of ethics, responsible gaming, and addiction

EXAMPLES:

Seneca Nation casinos link to New York state treatment options for gambling addiction,

Mississippi Band of Choctaw Indians provides warning signs of gambling addiction and resources for help.

LICENSING: SO GAMBLING IS LEGAL, HONEST

Example: State of Washington

The Washington State Gambling Act (RCW 9.46) gives the public

an opportunity to engage in limited charitable and social gambling

without fear of organized crime infiltration or the potential for fraud

by professional gamblers.”

Check it out: STAY CONNECTED via Twitter, YouTube,

set up an online account, etc.

COMPACTS: NEGOTIATED BUSINESS AGREEMENT UNDER IGRA

Compare Illinois’( 230ILCS35/) Native American Gaming Compact Act

a) Governor can’t enter into a compact without requesting authority to General Assembly.

b) Assembly must enact legislation authorizing the compact within 30 session days after Governor’s request

Example: Ratified Tribal-State Gaming Compacts in Cali

INTERESTING: Model Tribal Gaming Compact in Oklahoma

SEMINOLE TRIBE IN FLORIDAA draft of the Florida Gaming Study indicates how a Class III gaming compact with the 

Seminole Tribe offers benefits to the state.

RIGHTS OF TRIBES AGAINST STATES (AND VICE VERSA)

Usually to defend tribal sovereignty:

Native American Tribes launch legal action against State of New York about banking relationships

ACLU joins tribes in suit against State of South Dakota about failures to provide tribal families with due process when removing children from homes

The Choctaw Nation and Chickasaw Nation sues State of Oklahoma about water rights

Example in WASHINGTON:Skokomish Tribe sues state over hunting rights

TAXATION AND ACCOUNTING (INCLUDING PER CAPITA PAYMENTS)

EXAMPLE: Mashantucket Pequot Tribe v. Town of Ledyard

(Town assesses state property tax on slot machines owned by non-Indians and leased to casino on rez) Suit is backed by Florida Seminoles, Confederated Tribes of Umatilla and Coquille in Oregon, and others,

From Forbes: Native American Casino and Tax Rules That May Surprise You

Worth knowing: Per Capita payments have ALWAYS been subject to federal taxes.

Academic article: Casino Taxation in the United States (may be outdated)

PER CAPITA is ADJUSTED: Eastern Cherokee Harrah’s

REMINDER: REVISIT CULTURE PAPER

T R I B E V S . T R I B E E X A M P L E S

Wisconsin, Non-Tribally Managed:

• Oneida Nation supports Menominee tribe; needs support of all other 10 tribes for Hard Rock

MASSACHUSETTS

• Mohegan Sun Palmer proposed; will pay town of Palmer $15.2 M per year plus revenue share and $2.9M one-time payment

QUESTIONS?

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PAPER FORMAT: 3 points  Format (cover page, background, findings,

conclusion)APA citation of all research

Minimum of three pages not counting cover page and references

12’ Times New Roman double spacedPage numbers in lower right corner

 PAPER CONTENT: 4 points

Depth of analysisOrganization and clarity of writing

Strength of argument, critical thinking, recommendations