Indian reservations in the United States have
traditionally
endured a litany of social and economic ills. Suffering from the
nation's
highest unemployment and poverty rates; the lowest literacy and life
expectancy
rates; a complex web of governmental regulations; and geographic
remoteness,
Indian reservations remained undesirable areas for economic development
other than resource extraction. Without economic independence, tribes
could
not achieve true self determination. Now, many Native Americans are
establishing
gambling operations in hopes of achieving the economic autonomy
necessary
for political sovereignty.
The Seminoles in Florida opened the first
high stakes
bingo parlor ushering in a new and very lucrative source of revenue for
tribes through- out Indian Country. Today there are more than 400
Indian
casinos operated by 223 tribes in 28 states. Indian gaming brought in
more
than $18.5 billion in 2004 which is nearly twice that of Nevada's
gaming
industry. Tribal gambling generated approximately $5.5 billion in
federal taxes in 2004 and has, at least indirectly, created more than
500,000
jobs.
The purpose of this pathfinder is to locate
information
that can be used in evaluating the positive and negative impact of
gaming
on Indian reservations. This pathfinder should help answer the
following
questions: Does gaming substantially create Native jobs on the
reservations?
How do tribes use the money generated by gaming? What are the cultural
consequences for the tribes? Is there an increase in criminal activity?
Does gaming strain traditional values, resources, and
infra-structures?
Does gaming promote long term economic independence and secure Native
self determination
and political sovereignty? What are the arguments of gaming opponents
and
the constitutional issues at stake? Who benefits the most from gaming
contracts?
California
v. Cabazon Band of Mission Indians 480 U.S. 202 (1987)
This 1987 Supreme Court case stated that if a state allowed
gambling
in any form it could not prevent similar gambling activities on Indian
reservations in that state. The Court also ruled that a state can not
impose
its authority over a sovereign tribal government by regulating such
activities.
The case gave considerable publicity to conditions on Indian
reservations
and the rights of Natives. Within a year after the case tribes around
the
country began opening up a wide variety of gaming operations claiming
that
they were similar to those operated by states.
Indian Gaming
Regulatory Act of 1988. 100th Congress. Public Law 100- 497,
17 October, 1988.
The IGRA establishes the framework for regulating gaming operations
on Indian reservations and defines the different levels of gambling.
Passed
after the Supreme Court ruled that states could not regulate gambling
on
Indian reservations unless the games were illegal under state criminal
law. The law establishes a framework for regulating gaming operations
on
Indian reservations and divides gaming into 3 classes: 1) Traditional
Indian
games which are regulated by the tribe 2) Bingo and variations such as
lotteries and pull tabs which are allowed if the state allows this type
of gaming by anyone under any conditions 3) All other types of gaming
which
require a tribe-state negotiated compact. States are required to
negotiate
these compacts in "good faith." The law contains numerous ambiguities
and
has resulted in a large body of case law to determine specifics.
National Indian Gaming Commission
This independent federal regulatory commission was established by the
IGRA of 1988 as the watchdog agency for Indian gaming. It has the
authority
to approve compacts negotiated between tribes and states, to regulate
gaming
activities on Native lands with a particular emphasis on eliminating
crime,
and to ensure that the tribes are the main beneficiaries of gambling
revenue.
The site includes contact information for gaming tribes; revenue
reports;
recent court decisions; enforcement actions; and press releases.
National Indian Gaming
Association
Founded in 1985, this non-profit organization is made up of tribes
engaged in reservation gaming and associate members representing
business
involved in tribal gaming operations. This association serves an
advocator
role in promoting tribal sovereignty and integrity in gambling
operations.
Indian Gaming Magazine
is a monthly magazine that features a wide
variety of articles pertaining to the economic development of
reservations
and recent developments in the gaming industry. The site includes links
to Native casino web pages.
Pechanga.net
News source on wide variety of Native issues, but emphasizes gaming
concerns.
The Harvard Project on
American Indian Economic Development
This purpose of this project is to conduct research and support Native
sovereignty and sustained economic development. The site includes
useful publications and links.
Tribal
Court Clearinghouse
A good source for links to tribal and governmental organizations
dealing with Native gaming. This site includes a wide
variety of primary and secondary sources.
Articles
The Center for Applied Research. "The Economic Impact of Indian Reservation-Based Gaming Activities". Washington, DC: The National Indian Policy Center, 1993.This quarterly journal publishes academic and scholarly articles which focus on gambling and particularly gambling behavior. Interdisciplinary in approach, articles cover recent research in gambling from psychological, legal, historical, sociological, and counseling perspectives. While only the occasional article deals with aspects of Indian gambling, individuals interested in the gaming industry will want to access information about the pathological behaviors associated with gambling.
McCulloch, Anne Merline. "The Politics of Indian Gaming:
Tribe/State
Relations and American Federalism." Publius 24
(Summer 1994):
99-113.
An excellent and concise history of the growth of Indian reservation
based gaming. It introduces and explains the economic and political
implications
of the Indian Gaming Regulatory Act of 1988 and its impact on tribal
relations
with federal and state governments. It addresses the long and short
term
advantages and disadvantages of Native American gaming operations.
Equally
valuable are the references that direct the reader to some of the most
important court decisions, articles, books, and Congressional Hearings.
Worsnop, Richard L. "Gambling Boom." CQ Researcher 4 (March
1994):
241- 64.
Published by Congressional Quarterly Inc., this issue is entirely
devoted
to the dramatic growth of the gambling industry in the United States
and
the issues surrounding it. Brief articles provide background
information,
introduce readers to signs and dangers of compulsive gambling, public
attitudes,
what states are doing with the money raised, and future predictions. A
particular focus is gaming on Indian reservations; its growth, legal
battles
and ramifications. One section includes the opposing viewpoints on the
Indian Gaming Regulatory Act of Rep. Robert G. Torricelli, D-NJ and Se.
Daniel K Inouye, D-Hi. This issue is written in very readable language
and includes a bibliography.
Worthen, Kevin J. "Who will control the future of Indian gaming? A
few pages of history are worth a volume of logic." Brigham
Young University Law Review, (Issue 2 1996): 407-448.
Worthen argues that gaming controversies are part of a larger struggle
between federal state and tribal governments and should be viewed as
such. He looks at the traditional struggle for power between theses
groups and concludes that Natives cannot be optimistic about
their chances of success.
Books
Benedict, Jeff. Without Reservation: The Making of America's
Most
Powerful Indian Tribe, and Foxwoods, the World's
Largest Casino. New York: HarperCollins,
2000.
A controversial and very critical assessment of the development of
the Foxwoods Casino in Connecticut. Benedict emphasizes the criminal
element
involved in the establishment of the Pequot casino.
Champagne, Duane, ed. The Native North American Almanac.
Detroit:
Gale Research Inc., 1994.
This is a good general source for placing the present Native American
experience in an historical context. It provides historical
perspectives;
useful directories of Native American newspapers, pp. 776-780;
federally
recognized tribes and other Indian communities, pp. 355-418; US legal
organizations,
pp. 532-534; Political/Advocacy/Activist Native Organizations, pp.
578-584;
Native owned business, pp. 987-88; and Economic organizations, pp.
984-985.
Chapter 16 deals with the economies of Indian Country and provides a
good
overview of Native American concerns about reservations, government
development
programs, and government assistance.
Cornell, Stephen, and Joseph P. Kalt, eds. What Can Tribes Do?
Strategies
and Institutions in American Indian Economic development.
American Indian Manual
and Handbook Series No. 4. Los Angeles: American Indian Studies
Center,
UCLA, 1992.
Eight chapters address different aspects of economic development on
Indian reservations. While only 1 chapter, "The Economics of Bingo,"
specifically
pertains to Indian gaming, the other chapters clearly indicate that
other
financial and governmental concerns are equally important for true
economic
development and political sovereignty. Self determination will require
the sustaining and managing of resources and this volume raises issues
and makes suggestions on how to do so.
Eadington, William R. Indian Gaming and the Law. Reno:
Institute
for the Study of Gambling and Commercial Gaming,
University of
Nevada,
1990.
This work presents the papers given at the North American Conference
on the Status of Indian Gaming which was sponsored by the University of
Nevada, Reno. The 17 papers discuss the legal implications of the
Indian
Gaming Regulatory Act from a variety of perspectives. The authors
include
recognized legal scholars and tribal leaders.
Gabriel, Kathryn. Gambler Way:
Indian Gaming in Mythology, History,
and Archaeology in North America. Boulder:
Johnson Books, 1996.
A well researched examination of Indian gaming practices and myths
around North America. Gabriel examines the symbolic importance of
gambling to Natives, the connection between divine intent and chance
and how gambling served as a method ow wealth redistribution. This work
provides interesting background for studying present controversies.
Johansen, Bruce E. Life and Death in Mohawk Country. Golden,
CO: North American Press, 1993.
A detailed account of the controversies and violence that broke out
on the Mohawk reservations in New York because of the opening of
commercial
gambling. This work provides a sound historical context for
understanding
conditions on Indian reservations; the complexities of
tribal-state/federal
relations; and how potentially disruptive the gambling industry can be.
The concerns of each side in the dispute are presented in an
even-handed
manner. Persons interested in Indian gaming would want to know about
the
potential for intra-tribal controversy.
Mason, Dale. Indian Gaming:
Tribal Sovereignty and American Politics. Norman: University of
Oklahoma Press, 2000.
This is an insightful study of the origins of IGRA and how the
controversies worked their way through the courts and Congress. Mason
focus on the different gaming issues that Natives faced in New Mexico
and Oklahoma.
McNeil, Heidi L., ed. The Gaming Industry on American Indian
Lands. Course
Handbook Series. NYC: Practicing Law
Institute, 1994.
Papers delivered at the Gaming Industry on American Indian Lands are
reproduced in this volume. Topics include doing business in Indian
Country;
environmental issues; controversy; financing and developing gaming
operations;
and taxation issues. Most articles are written in "legalese" which is
difficult
for laymen to follow, but important questions and considerations are
raised
Thompson, William N. Legalized Gambling: A Reference Handbook.
Contemporary World Issue Series. Santa Barbara,
CA: ABC-CLIO 1994.
An essential and readable reference source for someone beginning an
investigation of the gaming industry. Indian gaming is a persistent
theme
through out this volume and is included in discussions of the history
of
gambling; government involvement; opposing viewpoints; and the pros and
cons of legalized gambling. Figures, tables, and graphs illustrate
statistical
information. In addition to contact information, the directories
describe
the purposes and publications of agencies and organizations concerned
with
different aspects of gambling. The annotated bibliographies of
government
documents, books, periodicals, films, and videocassettes guide users to
additional sources.