2020 Indian Gaming Membership Meeting Material

2020 Indian Gaming Membership Meeting Material

Virtual Annual Membership Meeting October 7, 2020

3:00pm

Welcome Ernest L. Stevens, Jr., Chairman – National Indian Gaming Association Chairman’s Annual Report Ernie Stevens Jr., Chairman – National Indian Gaming Association Jason Giles, Executive Director

3:20pm

Rep. Deb Haaland (NM-1)

3:30pm

Rep. Sharice Davids (KS-3) Executive Director’s Annual Report Jason Giles, Executive Director Danielle Her Many Horses, Deputy Executive Director Treasurer’s Report and 2019 Audit Andy Ebona, Treasurer – National Indian Gaming Association Joseph Eve – Wipfli

4:15pm

Executive Board Positions Vice-Chair and Treasurer

4:20pm

Membership Meeting Business Issues Resolution on “Name Change” for the National Indian Gaming Association - Brandon Stevens, Oneida Nation Vice-Chairman and National Indian Gaming Association Board Delegate; Denise Harvey, Grand Ronde Tribe, Board Delegate Resolution: Calling on Congress to Prioritize Tribal Government Relief and enact CARES 4 Resolution: Calling Upon Congress To Enact Legislation To Provide Equitable Tax Treatment For Tribal Governments 2021 Tribal Membership Drive—Kevin Leecy, Tribal Membership Director “Wall of Sovereignty”

4:40pm

The Native Vote Danielle Her Many Horses, Deputy Executive Director, Yawna Allen, Director of Civic Engagement – National Congress of American Indians Faith Holyan-Youth Ambassador (MY VOTE WILL COUNT)

NATIONAL INDIAN GAMING ASSOCIATION RESOLUTION 01-VIR-BOD-10-7-20 TITLE: Evaluating the Benefits of an Organizational Name Change

WHEREAS , the National Indian Gaming Association (NIGA) is an intertribal association of 184 federally recognized Indian Tribes established to support Indian gaming and defend Indian sovereignty; and WHEREAS , Indian Tribes are sovereigns that pre-date the United States, with prior and treaty protected rights to self-government and to our Indian lands, and WHEREAS , the Constitution of the United States, through the Treaty, Commerce, and Apportionment Clauses and the 14th Amendment, recognizes the sovereign status of Indian Tribes as Native nations established prior to the United States; and WHEREAS , before the United States, Indian nations were independent sovereigns with complete authority over our lands and our citizens; and WHEREAS , since its establishment in 1985, the National Indian Gaming Association has gained a rich and deep history of advocacy in answering the call of Indian Country and our relatives from other Black, Indigenous, People of Color (BIPOC) communities; and WHEREAS , the acronym, NIGA, has unintentionally become a question of our sensitivity toward the black community in this country; and WHEREAS , the events over the past few months for the Black Lives Matter movement has increased the urgency for the organization to reevaluate the potential harm with keeping its acronym of “NIGA”; and WHEREAS , National Indian Gaming Association’s staff and some members of the board, have received comments from colleagues, membership, and some Members of Congress and their staff, questioning our continued use of the acronym and its perception within the communities they come from; and WHEREAS , 35 years ago, National Indian Gaming Association’s founding members may not have been able to foresee how the social and political climates, as well as american slang, would change to a time where the organization’s commonly used acronym could be seen as offensive or problematic; and

WHEREAS , during the October 2, 2020 Board of Directors meeting, the Board of Directors discussed the matter and decided that the matter required the engagement of the full membership of the National Indian Gaming Association. NOW THEREFORE BE IT RESOLVED , National Indian Gaming Assocciation will address the need to change its name, and still honor the original intent of its founding members; and BE IT FURTHER RESOLVED , National Indian Gaming Association shall no longer be referred to as “NIGA” and commits to finding an alternative name to best fit the organization’s strategic vision; and BE IT FURTHER RESOLVED that as an interim measure, until the final name is selected at the next meeting of the membership, the National Indian Gaming Association will refer to itself in media as “Indian Gaming Association”, clean up any social media accounts to remove the “NIGA” acronym; and BE IT FINALLY RESOLVED that this resolution shall be the policy of National Indian Gaming Association until it is withdrawn or modified by subsequent resolution.

CERTIFICATION The foregoing resolution was adopted by the Board of Directors at a meeting of the National Indian Gaming Association, held virtually via Zoom on October 7, 2020, with a quorum present.

__________________________________ Ernest L. Stevens, Jr., Chairman

__________________________________ Paulette Jordan, Secretary

NATIONAL INDIAN GAMING ASSOCIATION RESOLUTION 02-VIR-BOD-10-7-20

TITLE: Calling on Congress to Prioritize Tribal Government Relief and enact CARES 4 WHEREAS , the National Indian Gaming Association (NIGA) is an intertribal association of 184 federally recognized Indian Tribes established to support Indian gaming and defend Indian sovereignty; and WHEREAS , Indian Tribes are sovereigns that pre-date the United States, with prior and treaty protected rights to self-government and to our Indian lands, and WHEREAS , the Constitution of the United States, through the Treaty, Commerce, and Apportionment Clauses and the 14th Amendment, recognizes the sovereign status of Indian Tribes as Native nations established prior to the United States; and WHEREAS , before the United States, Indian nations were independent sovereigns with complete authority over our lands and our citizens; and WHEREAS , on March 13, 2020, the President of the United States declared the COVID-19 pandemic to be a National Emergency effective March 1, 2020; WHEREAS , the National COVID-19 Public Health Emergency and Economic Crisis has afflicted all Americans, with almost 7.5 Million cases reported and over 210,000 fatalities; WHEREAS , Across America, Indian nations patriotically responded to the COVID-19 Pandemic by suspending Indian gaming, hospitality, and ancillary businesses in the First and Second Quarters. When Tribal Government Gaming, Hospitality and Tribal businesses re- opened in May and June, capacity was generally limited to a maximum of 50% to allow social distancing; masks were recommended and required; and temperature checks, hand sanitizing and intense cleaning regimens were implemented to protect employees and patrons. Conventions, concerts, and events are cancelled. Some Tribal businesses that reopened have had to shut down again one or more times to control the spread of the virus. Other Tribal businesses have remained closed for eight months; WHEREAS , this massive economic blow falls on those of us at the greatest health risk. Native Americans are among those hit hardest by National COVID-19 Coronavirus, according to the Centers for Disease Control. Per capita, Native Americans have the highest infection rates, the highest risk of hospitalization and serious injury, followed closely by African Americans and Hispanic Americans. CDC explains the perfect storm of factors putting Indian Country at greatest risk: minority communities’ inequitable and limited access to healthcare and education;

the prevalence of essential work jobs that do not allow for social distancing; intense housing density and lack of quarantine facilities; and long-standing income and wealth gaps—all negatively impact health status. The Washington Post reports, “Hispanics and Native Americans have made up an increasing proportion of Covid-19 deaths. The disease now accounts for nearly 20 percent of all deaths among those groups.” These deaths are tragic losses to our communities; WHEREAS , when Congress enacted and the President signed into law the CARES Act on March 27, 2020, the State-Local-Tribal Government Coronavirus Relief Fund included $8 Billion for Tribal Governments to address necessary expenses related to COVID-19 and directed that such funds be expended by December 30, 2020; WHEREAS , Tribal Governments responded to the CARES Act by developing plans to expend the Coronavirus Relief Funds and these initial funds have largely been allocated and expended; WHEREAS , Tribal Governments are devastated. Tribes lack the tax base available to our sister governments. Our Tribal Government Revenues fund essential services, including schools, health care, police and fire, child and elder care, water, sewer and sanitation services—and lacking a tax base, those services are nearly entirely funded with income from Tribal Businesses. The loss of these Tribal Government Revenues is a catastrophic loss for the health and well- being of our tribal communities; WHEREAS , Nationwide, Indian gaming is among the top 12 employers, creating 780,000 jobs and generating $35 Billion in Tribal Government Revenue in 2019. Tribal hospitality, spas, golf courses, gift shops, retail and convenience store enterprises generate an additional $6 Billion in revenue. Native Agriculture and Natural Resources create hundreds of thousands of Native jobs and generate $7 Billion in sales, according to the Interior Department. The Nationwide Economic Impact of Indian gaming (direct and indirect) is $105 Billion, generating $36 Billion in Wages, $15 Billion to Vendors, and $15 Billion in Payments to Federal, State and Local Governments. Small Tribal Businesses (including SBA 8(a)) nationwide generate more than $50 Billion annually. Due to the Pandemic, Tribal Government revenues will be down by at least $40 Billion—decimating the revenue Tribal Governments depend on to provide services to Tribal citizens ; WHEREAS , to slow and stop the spread of COVID-19 and to alleviate economic suffering and unemployment, Congress should enact further Coronavirus Relief, including State-Local-and- Tribal Government CRF Relief, individual relief, testing, contact tracing, and vaccine funding; Health Care support; Education Support; Paycheck Protection Program support for small business with 500 employees or less; among other things; and NOW THEREFORE BE IT RESOLVED that the National Indian Gaming Association calls upon the Congress of the United States to enact the CARES Act 4 legislation to provide additional State-Local-Tribal Coronavirus Relief Funding and supports the $9.5 Billion allocated by the House of Representatives; BE IT FURTHER RESOLVED that Tribal Government Coronavirus Relief Funds should be:

• allocated to Federally Recognized Indian Tribes per the Federally Recognized Tribe List Act, 25 U.S.C. secs. 5130—5131, • to assist in covering lost revenue; • to slow, stop and treat the COVID-19 Coronavirus; and • to alleviate the unemployment, economic hardship and suffering caused by the National COVID-19 Pandemic and Economic Crisis; and • the timeframe for spending CRF Relief Funds should be extended by two years because, right now, there is no end in sight to the COVID-19 Pandemic; BE IT FURTHER RESOLVED that Congress should appropriate additional funding for the continued operations of the Indian Health Services ($2.1 Billion) and for continued operations of the BIA ($900 Million); BE IT FURTHER RESOLVED that Congress should appropriate additional funding for HUD, HHS, USDA, and Veteran’s Affairs, including the extension of disability and medical claim deadlines, Water Infrastructure and Transportation; BE IT FURTHER RESOLVED that Congress, the Department of the Treasury, and the Federal Reserve Bank should act to address the National Public Health Emergency and Economic Crisis by providing Tribal Government access to low-interest borrowing, including Municipal and Tribal Government Bonds at LIBOR +1%, or less if possible, for a minimum of 10 years and Tribal Governments that were current on Bank loans as of January 1, 2020 should be deemed to have a AAA Bond rating for such purposes; BE IT FINALLY RESOLVED that this resolution shall be the policy of National Indian Gaming Association until it is withdrawn or modified by subsequent resolution.

CERTIFICATION The foregoing resolution was adopted by the Board of Directors at a meeting of the National Indian Gaming Association, held virtually via Zoom on October 7, 2020, with a quorum present.

__________________________________ Ernest L. Stevens, Jr., Chairman

__________________________________ Paulette Jordan, Secretary

NATIONAL INDIAN GAMING ASSOCIATION RESOLUTION 03-VIR-BOD-10-7-20 TITLE: RESOLUTION CALLING UPON CONGRESS TO ENACT LEGISLATION TO PROVIDE EQUITABLE TAX TREATMENT FOR TRIBAL GOVERNMENTS WHEREAS , the National Indian Gaming Association is an intertribal association of 184 federally recognized Indian Tribes established to support Indian gaming and defend Indian sovereignty; and WHEREAS , Indian Tribes are sovereigns that pre-date the United States, with prior and treaty protected rights to self-government and to our Indian lands, and WHEREAS , the Constitution of the United States, through the Treaty, Commerce, and Apportionment Clauses and the 14th Amendment, recognizes the sovereign status of Indian Tribes as Native nations established prior to the United States; and WHEREAS , before the United States, Indian nations were independent sovereigns with complete authority over our lands and our citizens; and WHEREAS , Indian nations and tribes are the original American sovereigns that predate the United States, vested with the power of self-government deriving from the Native Peoples; WHEREAS , from the first days of the American Republic, the United States entered into treaties with Indian nations on a government-to-government basis recognizing Native homelands and tribal rights of self-government; WHEREAS , the Constitution establishes treaties as an essential part of the Supreme Law of the Land and recognizes Indian nations as sovereigns with the power to make treaties on a nation-to- nation basis; WHEREAS , the 1851 and 1868 Sioux Nation treaties recognize Sioux Nation territory and the sovereign authority of our Sioux Nation tribes; WHEREAS , in the modern Indian Self-Determination Era, Congress committed to support and assist Indian tribes to develop strong, stable tribal governments to administer quality programs and develop the economies of our respective native communities; WHEREAS , the Internal Revenue Tax Code does not provide tribal nations many of the benefits, incentives, and protections available to state and local governments. This disparity

places tribal nations at a disadvantage when it comes to providing for the health, safety, and wellbeing of their communities. WHEREAS , Congress should provide parity for tribal governments with state governments and Indian nations and tribes have many important unresolved tax issues, yet Congress failed to include tribal government tax issues in the 2018 Tax: NOW THEREFORE BE IT RESOLVED that to promote tax equity and fairness for Indian nations and parity with state and local governments, Congress should enact legislation in the following areas: • Low Income Housing Tax Credits (LIHTC): LIHTC provides tax incentives, via state allocations, to developers to create affordable housing. Tribal nations have been left out of this program and should have increased access to Low Income Housing Tax Credits by including Indian country in the direct allocation of these credits. • New Markets Tax Credits (NMTC): The NMTC Program attracts private capital to economically distressed communities with tax credits to investors. The rate of NMTC deployment in Indian Country is low. Proportional allocation modeled after the rural allocation and incentives would address this issue by bringing capital investment in tribal infrastructure and employment to Indian Country. • Tax-Exempt Bond Parity: State and local governments can issue tax-exempt bond debt for commercial activity to raise revenue. Tribal nations are permitted to only issue bonds for essential government functions and not economic development activity. This restricts economic stimulus and limits bond market access for tribal nations. • Indian Employment Tax Credit Improvement: The Indian Employment Tax Credit promotes job creation on Indian lands. The program was enacted more than 25 years ago and needs improvement: Simplify, expand, and make the Indian Employment Tax Credit permanent to increase Indian country jobs and opportunity. • Parity for Indian Health Service Health Professionals. Indian Health Service Health Professionals should have the same recruitment and retention tax incentives as other public sector health systems. • Government Pensions Parity. Like other governments, Indian nations should have the same opportunity to provide pensions to tribal employees through governmental pension plans; • Excise Tax Parity. Tribal Governments are exempt from some excise taxes, but not others. Tribal Governments should receive the full excise tax exemptions available to state and local governments and eliminate the tribal “essential government function” test; • Tax Parity for Tribal Government Charities —provide tax parity for tribal government foundations and charities as “public charities,” like state and local charities and foundations to increase the opportunity for tax deductible contributions; • Tax Parity for Tribal Youth : the 2018 Tax Act imposed a penalty on unearned income allocated to youth, including tribal government per capita gaming payments, and this penalty should be eliminated; • Parity under the Adoption Tax Credit for Indian parents with “special needs” adoptive children by recognizing the authority of tribal governments to promote the interests of special needs “adoptive children” in parity with state governments;

• Enhance the Tribal General Welfare Exclusion Act (TGWEA) : The TGWEA excludes from gross in- come, for income tax purposes, the value of a tribal general welfare benefit. An amendment is needed to clarify that these benefits are excluded from income for a social security eligibility determination; and BE IT FURTHER RESOLVED that the National Indian Gaming Association calls upon Congress and the South Dakota congressional delegation to sponsor and support the enactment of the tribal tax fairness provisions set forth above; BE IT FINALLY RESOLVED that this resolution shall be the policy of National Indian Gaming Association until it is withdrawn or modified by subsequent resolution.

CERTIFICATION The foregoing resolution was adopted by the Board of Directors at a meeting of the National Indian Gaming Association, held virtually via Zoom on October 7, 2020, with a quorum present.

__________________________________ Ernest L. Stevens, Jr., Chairman

__________________________________ Paulette Jordan, Secretary

NIGA Board of Directors Roll Call

Chairman Ernest L. Stevens Jr. Vice-Chairman David Bean Treasurer Andy Ebona Secretary Paulette Jordan Alaska Delegate Vacant Eastern Delegate Robert McGhee Alternates:

Pacific Delegate Mark Macarro Alternates:

Richard Jones Rosemary Morillo Gary Santos

Rocky Mountain Delegate Tino Batt Alternate: Jenni Wildcat Southern Plains Delegate Lester Randall Alternate: Joe Poe Jr. Southwest Delegate Stuart Paisano Alternates: Idak Fierro Western Delegate Verlon Jose Alternate: Paul Russell Ned Norris At-Large Greg Abrahamson Rodney Butler Stephen Lewis Associate Member Delegate (Non-Voting) Russell Witt Jodi DiLascio Chris Georgacas

Michael Conners William Canella Eastern Oklahoma Delegate Matthew Morgan Alternates: Billy Friend Jerry Lankford Craig Harper Great Plains Delegate Collette Brown Alternates:

William “Shorty” Brewer Randy Phelan

Midwest Delegate Brandon Stevens Alternates:

Craig Gravatte Melanie Benjamin

Navajo Delegate Seth Damon Alternate: Northwest Delegate Denise Harvey Alternates:

Myron Lizer

David Bean (non-voting) Paulette Jordan (non-voting)

1

Tribal Membership

Number of Member Tribes

Tribal Membership Dues

$1,624,500

124

$1,506,300

$1,460,700

100 110 120 130

113

104

$1,500,000

0 10 20 30 40 50 60 70 80 90

$1,000,000

$500,000

$-

2018

2018

2020

2019

2020

2019

Wall of Sovereignty

• 25 Available Tribal Listings

• $25,000 Per Plaque Display

• $625,000 Potential Revenue

*$25,000 In-Kind Donation for Design and Installation Costs by the Mille Lacs Band of Ojibwe

Future Tradeshow Dates • April 11- 16, 2021 – San Diego

• April 10-15, 2022 – Anaheim

• March 25-30, 2023 – San Diego • April 14-19, 2024 – Anaheim

• March 29- April 3, 2025 - San Diego

April 3, 2020 Dear Vendors & Exhibitors,

I want to personally thank you for your support of the 2020 Indian Gaming Tradeshow & Convention and the National Indian Gaming Association. It is with your continued partnership that we are able to work and advocate for our tribal communities, especially during unprecedented times like these. As the nation faces this unprecedented health crisis, NIGA remains steadfast in its mission to support Indian Country. Now focused on the health, well-being and economics of tribal citizens, NIGA's core concentration is working with Tribal and Federal governments on disbursements coming from Washington DC. With that said, the tradeshow remains postponed with no rescheduled dates set at this time. We continue to look at alternative locations and dates for this year’s tradeshow. As we continue to work on a solution, please know alternative dates have not be finalized. Notifications will be sent once the rescheduling process is completed. Please note that NIGA remains closed in accordance with the District, Maryland, and Virginia (DMV) stay at home orders. NIGA will be in touch regarding any concerns or questions you all may have, as soon as possible. For the next few weeks NIGA’s focus is on protecting the health and safety of our Tribal Governments and Workers. NIGA's core responsibility now is working with Tribal and Federal governments to assist tribes in the turbulent water. We will be in touch. In the meantime, please remain safe and we look forward to seeing you this year at one of our events. Sincerely,

Chairman Ernie Stevens Jr. National Indian Gaming Association

To:

National Indian Gaming Association Member Tribes

From:

Ernest L. Stevens, Jr., Chairman Jason Giles, Executive Director Danielle Her Many Horses, Deputy Director/General Counsel

Re:

U.S. Court of Appeals Rules In Favor of Tribal Governments in CRF Debate

Date:

September 28, 2020

On Friday, September 25, 2020 the United States Court of Appeals for the D.C. District Court handed down its long awaited ruling on the case Confederated Tribes of the Chehalis Reservation et al. v. Steven T. Mnuchin . At stake is the eligibility of Alaska Native Corporations (ANCs) to receive funds from the $8 billion set aside for tribal governments in the Title V. Coronavirus Relief Fund (CRF) within the CARES Act. The National Indian Gaming Association was an original co-signer to the Tribal Amicus Brief to defend the definition of Tribal Government . Congress made funds eligible to the governing bodies of any "Indian Tribe" as defined by the Indian Self Determination and Education Act of 1975 . The case turned on whether or not ANCs fit this definition. The Court of Appeals held that ANCs are not eligible recipients from this fund and not within the definition of "tribal government" in this statue because they are not "federally recognized," overturning the previous ruling from District Court Judge Mehta from June 26, 2020. Judges Katas and Henderson issued the opinion below. Judge Katas writes for the Court: In sum, when Congress enacted ISDA in 1975, it was substantially uncertain whether the federal government would recognize Native villages, Native corporations, both kinds of entities, or neither. In the face of this uncertainty, Congress expanded the term “Indian tribe” to cover any Native “village or regional or village corporation” that was appropriately “recognized.” By including both villages and corporations, Congress ensured that any Native entities recognized by Interior or later legislation would qualify as Indian tribes. There is no surplusage problem simply because, almost two decades later, Interior chose to recognize the historic villages but not the newer corporations as the ultimate repository of Native sovereignty. ... For these reasons, we read the ISDA definition to mean what it says, that Alaska Native villages and corporations count as an “Indian tribe” only if “recognized” as such.

In a concurring opinion, Circuit Judge Henderson writes: Although I join my colleagues in full, I write separately to express my view that this decision is an unfortunate and unintended consequence of high-stakes, time-sensitive legislative drafting. It is indisputable that the services ANCs provide to Alaska Native communities—including healthcare, elder care, educational support and housing assistance—have been made only more vital due to the pandemic. .. I believe the Congress must have had reason to believe its definition would include ANCs but, by incorporating by reference ISDA’s counter-intuitive definition, it did not, in fact, do so. As a result, many of our fellow citizens who depend on ANCs will not receive Title V aid. Nonetheless it is not this court’s job to “soften . . . Congress’ chosen words whenever [we] believe those words lead to a harsh result.” Please reach out to Danielle Her Many Horses at [email protected] if you have any questions or concerns with this alert.

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