Indian Gaming 2022 Annual Report Digital.pdf

Indian Gaming 2022 Annual Report Digital.pdf

TAX EXEMPT STATEMENT

The National Indian GamingAssociation is a tax exempt corporation under Internal Revenue Code section 501(c)(6). Although ruled tax exempt, this does not make the National Indian Gaming Association a “charity” and thus contributions to the organization are not always deductible by the donor as a charitable contribution for federal Income Tax purposes. The National Indian Gaming Association was founded in 1985 and incorporated in the District of Columbia in 1993.

MISSION STATEMENT

The mission of the National Indian Gaming Association is to protect and preserve the general welfare of the Tribes striving for self- sufficiency through gaming enterprises in Indian Country. To fulfill its mission, We work with the federal government and Congress to develop sound policies and practices and to provide technical assistance and advocacy on gaming related issues. In addition, We seeks to maintain and protect Indian sovereign governmental authority in Indian Country.

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ANNUAL REPORT 2022

Chairman’s Report

4

Vice Chairman’s Report

8

Treasurer’s Report

10

Secretary’s Report

12

Executive Director’s Report

14

Board of Directors 2022

16

Staff Matrix 2022

17

Nationwide Impacts of Indian Gaming

19

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CHAIRMAN’S REPORT ERNEST L. STEVENS, JR. Oneida Nation of Wisconsin

O ver the past two years, our industry has shown Convention this April in California, we have much to celebrate and new challenges and opportunities to address as we continue our work to protect Tribal Sovereignty and strengthen Native communities. From day one of this pandemic, Tribal Leaders nationwide approached the health and safety emergency with full focus on protecting the health and safety of Native communities and our visitors. Tribal Leaders coordinated with public health officials, Indian gaming regulators and operators, and public safety officials to impose the highest standards industry-wide to stop the spread of the virus. The success of Indian gaming through the worst of this pandemic is also a credit to the creativity and flexibility of so many experts on the ground who adjusted and readjusted operations to protect the health and safety of our people while also maintaining the highest quality gaming experience. And finally, we applaud the tireless work of the hundreds of thousands of Indian gaming employees who implemented these directives to keeping their facilities and visitors safe. remarkable perseverance and resiliency. As we prepare to gather for the 2022 Indian Gaming Tradeshow and Thanks to your work, Indian gaming operations far surpassed early projections. We limited the pandemic’s economic impacts in 2020, generating $28 billion in revenue for Tribal Governments. While we await final numbers for 2021, early reports indicate that Indian gaming revenues will likely surpass the record levels of 2019. The Tribal Government gaming industry’s comeback is a resounding affirmation of the safety-first approach taken by Tribal leadership nationwide. We expect even greater industry gains in

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2022 with expansions, grand openings, and groundbreakings planning throughout Indian Country. From a federal policy perspective, in 2021, we continued to build on our work with Congress. In the past year, thanks to our outreach, Congress delivered historic levels of investments to Native Nations through the American Rescue Plan, the Bipartisan Infrastructure Act, and the recently passed FY’23 (Omnibus) Funding bill. The American Rescue Plan (ARP) truly kickstarted the health and economic recovery for Indian Country. The Act provided $20 billion in Fiscal Recovery Funds directly to Tribal Governments. The Plan provided significant resources to the Indian health care system, Tribal housing, education, and other critical services. Possibly the most important provisions from the ARP were the Administration’s work with Tribal leaders to deliver vital vaccines directly to Indian Country’s health care providers. The Infrastructure Act is delivering an additional $13 billion to help Native Nations rebuild our roads, water systems, broadband, cybersecurity, and more. The COVID-19 pandemic laid bare the infrastructure shortfalls throughout Indian Country. Overcrowded homes, substandard health systems, and broken water systems all contributed to spreading the virus in Native communities. As schools closed, the lack of broadband made it impossible for many students to engage in remote learning. And finally, just last month, Congress enacted the annual spending bill that again increased funding for Tribal Government programs at the Indian Health Service, BIA, BIE, and other critical programs that deliver services to Native communities. One si gnificant policy provision included in the Omnibus was the long-awaited reauthorization of the Violence Against Women Act, which builds on the 2013 VAWA Reauthorization – reaffirming Tribal jurisdiction over crimes committed by non-Indians against Native children, assaults on Tribal justice personnel, and a broader range of crimes against Native women. The strong bipartisan support for the VAWA Reauthorization will go far in addressing the tragic crisis of missing and murdered Native women. At the same time, 2021 brought challenges and opportunities that our industry will continue to face this year. As we slowly reopened to gather and grow our industry, we did so in the face of incoming COVID variants. While we can hope that new variants will be limited, Tribal leaders continue to work with health officials, regulators, and operators to prepare for every potential scenario. Additional challenges that have stemmed from the pandemic are concerns with recruiting and retaining key employees in certain regions. Indian gaming operators have historically offered some of the best paying jobs in their regions – often providing full health and related fringe benefits. However, the pandemic disrupted employment nationwide. Many employees who were forced to leave during the early months of this crisis have not returned or have found new careers. This challenge is not unique to

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Indian gaming or even the national gaming industry, but it is an issue that Tribes nationwide are working to address. One issue that pre-dated the COVID-19 pandemic but has increased in recent years is the growing threat of cyber-attacks targeting weaknesses in our digital security. Tribal Governments are answering these threats by investing in cyber protection and establishing cyber defense teams to prevent attacks on our operations. Strong cybersecurity limits exposure and is crucial to maintaining the integrity of our operations. The biggest change to gaming in the United States over the past two years is the rocketing emergence of sports betting. Since the Supreme Court’s Murphy decision in 2017, our industry has viewed sports betting as both a challenge and an opportunity. Tribes nationwide are using existing authority under IGRA to participate in the growing sports betting market. Many more Tribal Governments are still working through the process as they consider entering the market. One setback that Indian Country faced in 2021 was the federal court decision that struck down a compact negotiated between a Tribe and state to conduct sports betting, acknowledging that the Tribe can accept bets throughout the state. Despite the fact that state law affirmed that the place of mobile wagers accepted by the Tribe will take place at the location of the hosting server, the court narrowly read the Indian Gaming Regulatory Act to limit this activity. This is a misguided and narrow interpretation of IGRA that directly conflicts with congressional intent and growing practice in other states. As the Biden Administration rightly acknowledged in reviewing this compact, “other jurisdictions are deeming wagers to occur at a specified location. Multiple states have enacted laws that deem a bet to have occurred at the location of the servers, regardless of where the player is physically located in the state. The compact reflects this modem understanding of how to regulate online gaming.” Another legal challenge was filed by a commercial cardroom in the State of Washington, claiming that IGRA is unconstitutionally based on “race and ancestry.” While not grounded in law or fact, we take this challenge seriously because of what is at stake. For most of the past half-century, more than 200 Native Nations have utilized Indian gaming to generate governmental revenue to rebuild our communities. Legal challenges that attempt to blur the governmental status of Indian Tribes as “racially” based attack the very core of tribal sovereignty.

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Our Association has examined internet gaming and sports betting for two decades. We have built consensus positions backed by our mission to protect and preserve tribal sovereignty and IGRA. Tribal Governments must be able to access new technology to participate in the evolving gaming industry. The use of mobile gaming is part of this evolving industry. IGRA did not permit Indian Tribes to engage in gaming. Instead, IGRA acknowledged that Tribal Governments retain the inherent sovereign authority to engage in gaming, and IGRA simply codified this right. IGRA cannot be interpreted as an impediment to tribes that seek to modernize their gaming offerings. So, while we have so much to celebrate as we prepare to gather for Indian Gaming 2022, we have significant business to discuss with our Member Tribes and partners. The past two years highlighted our resilience and showed what is possible when Indian Country unites behind the common purpose of working together to build a better place for all generations to come. While it seems like this pandemic may be closer to being behind us, we must continue our resolve to do our part to defeat it. As a result, Indian Gaming 2022 will continue to follow stringent COVID-protection protocols outlined by the CDC and Orange County in California. This pandemic will be forever engrained in our stories. Like our ancestors before us, we will share the lessons learned with our future generations, so they are prepared to protect their communities. At the same time, we continue our work to strengthen our communities to guarantee that we are even more resilient to deal with future threats. As we successfully and safely did twice last year, we will bring our membership to the table to do the work necessary to continue to build our industry. We will honor those who led before as we gather for the Annual 2022 Indian Gaming Tradeshow and Convention on April 19-22, 2022, at the Anaheim Convention Center in Anaheim, California. We have a dynamic event planned to include on Wednesday, April 20th, the Chairman’s Leadership Luncheon, where we will honor Chief Oren Lyons, a faith keeper of the Turtle Clan of the Onondaga Nation in New York, with the Lifetime Achievement Award. Indian Gaming will also present the annual cultural event where we will present the Rick Hill Tim Wapato Sovereign Warrior Award to former Viejas Band of Kumeyaay Indians Chairman Anthony Pico. I hope we see you there. Finally, my continued prayers go out to those impacted by this pandemic. I pray for the families and communities for those who have walked on, for the continued safety of medical professionals, caregivers, and first responders, and for the health, welfare, and safety of their tribal communities.

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VICE-CHAIRMAN’S REPORT DAVID Z BEAN Puyallup Tribe of Indians

W elcome to Anaheim and thank you for taking the t ime to read my report . I t is an honor to serve as your Vice-Chai rman of the Indian Gaming Associat ion. This wi l l be our f i rst regular ly scheduled Tradeshow since the Covid-19 Pandemic began and i t has certainly been a tough road over the past two years. Dur ing this t imeframe the Associat ion exper ienced several chal lenges, both f iscal ly and administrat ive, as did al l Tr ibal Governments. We began last year wi th a new Congress and President whi le st i l l working through the pandemic and the vaccine rol l -out . As we proved throughout , Indian Country’s greatest strength remains our abi l i ty to adapt to any si tuat ion and safeguard our Tr ibal Ci t izens. Wi th new pol i t ical leadership in Washington D.C. , and new leadership at the Federal Agencies ( including Inter ior Secretary Deb Haaland of Laguna Pueblo), the Associat ion remained act ive on many pol icy fronts, both legislat ive and regulatory. From the outset of the pandemic in March 2019, the Associat ion worked in conjunct ion wi th other Tr ibal Organizat ions to secure over $30 bi l l ion in di rect Covid aid to Tr ibal Governments. This was the resul t of decades of Indian Country’s advocacy and work on Capi tol Hi l l , resul t ing in something previous generat ions of Indian f ighters dreamed of achieving, the respect in Congress and Federal Agencies for Sovereign Tr ibal Governments.

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The pandemic is obviously not over by any means, but Tr ibal Governments have never been in a stronger posi t ion to address the needs of thei r ci t izens. Our messaging over the years has resul ted in a bi -part isan understanding that Tr ibal Sovereignty means Tr ibal Governments have jur isdict ion over our lands and people wi thout except ion. In my home State of Washington, we did not always see eye to eye wi th the Governor ’s covid pol icies, but he respect ful ly worked wi th State and local agencies to implement condi t ions that sui ted both of our jur isdict ions. This type of scenar io played out across Indian Country, even in States where Tr ibal Governments implemented far str icter Covid measures than thei r respect ive Governors. The Ass ociat ion’s outreach dur ing the pandemic carr ied over to the new Biden Administrat ion where our col lect ive advocacy ensured Indian Country was included in the Infrastructure Investment and Jobs Act . Wi thin this infrastructure law is over $11 bi l l ion for Indian Country to improve thei r transportat ion systems, repai r water systems, expand broad band access, and promote Tr ibal economic sel f-suff iciency. Tr ibal Governments have a lot to coordinate as the Act is implemented, but we must remain uni ted behind our core key pr inciples: protect ion of tr ibal sovereignty and foster ing economic act ivi ty on the reservat ion. This in turn wi l l provide for the next seven generat ions of our Indian communi t ies. I want to thank our Member Tr ibes for your support over the past two years. We simply could not have achieved so much for Indian Country wi thout your support . I look forward to cont inuing my work wi th the Indian Gaming Board of Di rectors, Tr ibal and Associate Members, and al l of Indian Country in this pivotal elect ion year. My message as Vice- Chai rman is the same since my f i rst term: “Stay in mot ion…Forward Mot ion.” We must cont inue to work together to protect Indian Gaming and al l Tr ibal industr ies for the bet terment of our generat ions to come. “Together” Indian Country has proven we can confront any chal lenge, even something as big as a wor ldwide, once in a generat ion, pandemic. The bigger the chal lenge, the bigger the achievement , whi le always moving forward.

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TREASURER’S REPORT ANDY EBONA Douglas Village

I t is my honor and privilege to serve as your Treasurer for the National Indian Gaming Association. The Treasurer’s primary duty is to ensure the long-term fiscal health of the Association. The Association By-Laws specifically state that the Treasurer is responsible for the funds and security of all monies received by the Association. For 2021 fiscal year, we worked with Wisconsin based WIPFLi (formerly Joseph Eve LLC) to conduct the audit. WIPFLi conducted their audit of the National Indian Gaming Association’s 2021 financials during the week of March 21st, and I am pleased to report that we received a “non-qualified” opinion from the auditors. This is a strong comeback from the negative impacts the Covid-19 pandemic had on all of Indian Country’s budgets. Due to the postponement of the 2020 Tradeshow scheduled for San Diego, the Association faced enormous budgetary constraints heading into FY 2021. However, Association leadership responded and worked collaboratively to implement cost savings and budget cuts that ensured strong revenues for FY 2021. Working with the Board of Directors, Executive Director, and our dedicated staff, we aggressively addressed the Pandemic induced budget challenges by instituting operational cuts and trimming our budget. As you will read in this year’s 2021 Audit Report, the Association not only met these challenges but will be in a strong financial position for the remainder of FY 2022. Working through the pandemic was truly a cooperative effort and I would be remiss in not acknowledging our long-time sponsors and Tribal partners. Through their continued support during the worst of the pandemic, they helped us maintain operations on behalf of Tribal Governments and Indian Gaming. Just as important, the Association was able to avoid layoffs and retain our loyal staff who continued to keep the Association active through new forms of communication and lobbying.

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For their continuing support, I want to thank the following Tribes and companies for their generous donations: Shakopee Mdewakanton Sioux Community Poarch Creek Band of Indians IGT Aristocrat Gaming Our Associate members are an important component of serving our Tribal Members and we hope to see more donations from companies that are benefitting from Indian Gaming. This year we are reforming our Associate Member Program to make it easier for companies to join the Association and provide a platform for companies to share the work they are doing in Indian Country. As you take time to enjoy our Tradeshow and Conference in Anaheim this year, please be sure to review the Annual Report and the FY 2021 Audit results enclosed with this report. Collectively, we were able to return our operating capital in 2021 to over $1,000,000, a complete reversal from FY 2020. The successful July 2021 ‘make-up’ Tradeshow in Las Vegas, driven by Indian Gaming’s turnout and support, allowed the Association to raise unexpected revenue and return to solid fiscal footing for 2022. I pledge to continue our hard budget work at the Association, and will continue to coordinate with the Finance Committee, the Chairman, Executive Director, and our Membership, to protect the Association’s resources and ensure they are being used to meet Indian Country’s priorities. I am overwhelmed by the unity displayed by Indian Country during this pandemic. Because of our collective advocacy, the Federal Government provided unprecedented support to Tribal Governments and our reservation economies. As Treasurer, I want to build on this cooperation and respect for Tribal sovereignty as we work through the pandemic and prepare to take on new challenges and endeavors. As Treasurer, I owe it to our Tribal Membership to not only maintain the Association’s excellent credit rating, but to ensure the long-term fiscal health of the Association. It is an honor to have an elected role in an organization that is now of the most esteemed advocacy groups in Washington, D.C. I want to thank the Tlingit & Haida Indian community, especially the Douglas Village, for their support, in addition to all of Indian Country for helping the Association achieve its goals. I look forward to meeting with you in Anaheim and hearing your suggestions on how to continue to help all Tribal Nations pursue economic self-sufficiency, care for our people, and build a future for the generations to come. I wish you much success in 2022 and look forward to seeing you on the Tradeshow floor.

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SECRETARY’S REPORT PAULETTE JORDAN Coeur D’Alene

G reetings and welcome to all the Tribal Leaders attending our Tradeshow in Anaheim, California, this year. It is a privilege to serve you as the Executive Secretary of the National Indian Gaming Association. In 2021, the Association continued our work on behalf of Indian Country, working with a new Administration and Congress while preserving through the continuing pandemic. With new faces, there are new challenges, but our enduring commitment to Tribal Sovereignty remains steadfast. It has been heartbreaking as a mother and as a proud Tribal citizen of the Coeur D’Alene Tribe to have witnessed the ongoing impacts of the Covid-19 virus. The pandemic only added to the obstacles faced by Tribal governments. We are all too familiar with the shortcomings in our tribal educational, health, and administrative agencies. Fortunately, through the hard work of the Indian Gaming Association and our sister organizations, the Federal Government provided aid to Tribal governments as co-equal sovereigns with State governments for the first time in this Country’s history. Of course, our gaming revenues continued to be a vital source of pandemic income and provided that invaluable lifeline to our communities. It is incredible that in 202, Tribal gaming revenues held steady, and with the influx of federal aid programs, Indian gaming has preserved many of the 700,000 direct jobs on the Reservations.

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The pandemic has also spurred new investment and commitment to renewable energy initiatives in Indian Country. Several tribal casinos in the Northwest are now tapping into geothermal heat to help power their operations, and new construction now incorporates plans for the use of renewable energy to power their casino operations. Clean energy technology and development is one of the fastest-growing sectors in the U.S., and Indian Country is poised to be on the cutting edge of this technology given our locations, the diversity of our economies, and our cultural respect for mother earth. The National Indian Gaming Association will continue to provide leadership and discussion on exploring new ways that Tribal Governments can preserve resources and the environment by committing to bring self-sustaining economic development to our reservations. I have long believed that Tribes are connected to this land in a spiritual sense and have a responsibility to protect and maintain access to our natural environment. Indian Country is a shining example of striking that balance between maintaining a vibrant industry and keeping our environment healthy for the continued use and enjoyment of generations to come. Again , it is my utmost privilege to serve as the National Indian Gaming Association’s Executive Secretary, and I appreciate the opportunity to represent our Member Tribes in this capacity. Coming to Anaheim for the first time ever, and after two years of pandemic interruptions, I look forward to meeting with Tribal Leaders again and seeing what our great gaming industry has to offer. I am honored to serve in this position of responsibility due to the support of our Association members, without whom we would not have made it through the worst of the pandemic. Thank you again for this honor, and I hope to meet you on the Tradeshow Floor!

Hnqwi’yqwi’yilgwes khwe sk’u’lshesh. (In humble service to you all.)

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EXECUTIVE DIRECTOR’S REPORT JASON GILES Muscogee (Creek) Nation

Welcome to beautiful California! The National Indian Gaming Association visits Anaheim for the first time in our history after two pandemic interrupted shows. We are excited to be in Anaheim and look forward to our return in 2024. I want to thank Visit Anaheim and everyone at the Anaheim Convention Center for their constant attention and updates throughout the pandemic. Their outreach proved invaluable in our planning and bringing Indian Country to Anaheim. In our last full report from 2019, I wrote about the excitement and energy created on Capitol Hill as we completed our second full year in the refurbished and expanded Headquarters. Little did we know that a worldwide pandemic would soon bring D.C. to a standstill. The Association made adjustments, both financially and administratively, but our advocacy work remained strong. The overriding goal during the pandemic was to protect our number one asset, our dedicated staff working on Indian Country’s behalf in Washington, D.C. Working with the Finance Committee and Treasurer, the Association embarked on aggressive cost-saving measures over the last two years. Due to these cost-saving measures and a successful off-cycle July Tradeshow last year, the National Indian Gaming Association and its staff are off to what should be a great 2022. We also hope to finish the last part of our Headquarters expansion, a state-of-the-art “Tribal Leaders’ Lounge” in the downstairs part of the Association’s building. The Lounge will be available for all of Indian Country to come and relax between meetings on Capitol Hill or bring visitors to a little slice of Indian Country in Washington, D.C. As we begin 2022, there is a lot of legislative and regulatory work ahead regarding Tribal tax laws, gaming regulation, and protecting our Tribal Governments from a new wave of overbearing State demands on tribal gaming. I am proud to serve Indian Gaming in a role that helps to bring

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Indian Country’s voice to policy positions formulated in cooperation with all of our incredible Tribal organizations. Working with my peers in D.C. at NCAI, NACA, NIHB, NIEA, NAFOA, and others is a humbling experience. Each organization brings a unique viewpoint to the table, but we have not lost focus on protecting Tribal Sovereignty and working to enhance Tribal self-determination. Indian Gaming has become a central part of many state and local economies, and the >Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44

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