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30 YEARS OF TRIBAL GAMING


tribal gaming


regulatory authority. The NIGC’s mission is oversight of management and Indian gaming regulation. Finally, the law established tribal land acquisitions and off-reservation gaming operation standards. Staudenmaier claims, “Each state approaches compact negotiations differently. What is ultimately agreed upon may be a mixture of a compact with minimal state involvement to one with extensive regulatory oversight and operational limitations from the state’s perspective.” IGRA also designates three gaming categories:


• Class I has no state regulation over traditional Indian games.


• Class II allows certain games such as bingo and games similar to bingo. Class II gaming is regulated wholly by the tribes and federal government.


• Class III requires negotiated compacts for regulation of these high-stakes Las Vegas-style gaming operations.


Historically, in the early years, some states were uncertain about IGRA’s implications and quickly agreed to compacts without much state oversight. Other states, like Arizona, outright refused to negotiate and engaged in lengthy legal challenges – with the state and the tribes ultimately coming to agreeable terms for a compact. Since the passage of IGRA, Indian gaming has enjoyed such an overwhelming success that some states have engaged in renegotiating the compact terms. Despite a delayed launch of compacted tribal gaming in Arizona until 1993, due to litigation battles, 16 tribes now operate 24 Class III casinos statewide. In 2002, Proposition 202 passed to allow another decade of gaming. The 2003


Sharon Harris explores the history and future of tribal gaming in the US


Agua Caliente casino resort spa


compact formulated a sliding scale for revenue sharing rates based on certain factors. The Arizona Department of Gaming reported that from July 1, 2016 to June 30, 2017, the aggregate gaming revenue was nearly $1.9 Billion. Staudenmaier says, “Six additional tribes do not operate tribal casinos. However, these non-gaming tribes may transfer and lease gaming machine rights to other tribes under the current compacts. Many existing compacts will expire within five to eight years, so some tribes sought to renegotiate their compacts with the state, starting in 2016. Those negotiations are still ongoing.”


TODAY’S TRIBAL GAMING SUCCESSES Over 30 years, several mega-properties like Connecticut’s Foxwoods and Mohegan Sun, plus numerous southwest and Oklahoma properties, have thrived. Although smaller rural operations have struggled, many tribes recognize how to maximize revenues and help communities. Tribes with increased profits and revenue payments have


achieved greater political clout. Spectrum Gaming Managing Director Fredric Gushin states, “Tribes in Oklahoma, New York and southern California are prime examples of major voting blocs. Since 1988, tribal members have gained knowledge and sophistication as many younger post-college members have returned with solid management skills.” Oklahoma’s Indian gaming industry has flourished, states Oklahoma Gaming Association (OIGA) Executive Director Sheila Morago, because of new facilities, plus enlarged and remodeled existing properties. Popular amenities like movie theaters, spas, bowling and hotels are now standard. She claims, “Oklahoma has 39 tribes, 31 signed compacts


MAY 2018 41


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