Term Papers on TRIBAL GAMING: MYTHS AND FACTS

Term Paper Title	TRIBAL GAMING: MYTHS AND FACTS
# of Words	1274
# of Pages (250 words per page double spaced)	5.1

TRIBAL GAMING: MYTHS AND FACTS

1. MYTH: The Indian Gaming Regulatory Act (IGRA) CREATED INDIAN GAMING.

FACT: GAMING IS A RIGHT OF INDIAN NATIONS.

Gaming is one of the oldest forms of recreation; not only did Europeans bring new games to the New World, but
Indians have traditional games still played today. In fact, Indian gaming existed long before Europeans settled in
America. Large-scale Indian gaming, mainly in the form of bingo, predated IGRA by about 10 years. The U.S.
Supreme Court in 1987 recognized Indian people's right to run gaming when it ruled that states had no authority to
regulate gaming on Indian land if such gaming is permitted outside the reservation for any other purpose (California v.
Cabazon). Congress established the legal basis for this right when it passed IGRA in 1988.

2. MYTH: INDIAN GAMING IS COMMERCIAL, FOR-PROFIT GAMING.

FACT: GAMING ON INDIAN RESERVATIONS IS OPERATED BY TRIBES TO

FUND GOVERNMENTAL PROGRAMS.

IGRA requires that all revenues from tribal gaming operations be used solely for governmental or charitable purposes.
Much like State Government and the use of funds from 40 state lotteries, Tribal Governments determine how gaming
proceeds are to be spent. In direct contrast to the opulent expenditures on yachts and jets by commercial casino
operators such as Donald Trump, Indian tribes are using gaming revenues to build houses, schools, roads and sewer
and water systems; to fund the health care and education of their people; and to develop a strong, diverse economic
base for the future.

3. MYTH: TRIBAL GAMING IS AN UNREGULATED MAGNET FOR ORGANIZED CRIME.

FACT: INDIAN GAMING IS MORE HEAVILY REGULATED AND MORE SECURE THAN COMMERCIAL
GAMING.

The tribes, as governments, are the first to be vigilant in protecting the integrity of projects they rely upon to feed,
clothe, educate and employ their people. Even before IGRA created a federal framework for regulating certain forms of
tribal gaming, tribes regulated reservation gaming activities by exercising their inherent police powers and, when
necessary, taking violators to court. Many Tribes have had existing Law Enforcement & Court Systems for years. In
compacts negotiated between State Governments and Tribal Governments, such issues as law enforcement and security
measures are considered. States like Arizona, for example, have reached agreements with Tribes to coordinate
background checks and other security measures. While many of the opponents of Indian gaming challenge its security,
they have no evidence to support their claims. In fact, at an October, 1993 House hearing, Jim Moody, FBI section
chief for organized crime, testified there is "no information to support claims" that organized crime has infiltrated
Indian Gaming, "We've heard more rumor and innuendoes than we've been able to prove," Moody told lawmakers.
The third level of Regulation is the Federal Government: the Department of Justice, FBI and Bureau of Indian Affairs
provide oversight on crimes committed on Reservations. Finally, the Law (IGRA) established the National Indian
Gaming Commission which became operable in February, 1993 to regulate Indian Gaming.

4. MYTH: INDIAN PEOPLE DO NOT PAY TAXES.

FACT: INDIAN PEOPLE PAY ALL TAXES REQUIRED BY STATE AND FEDERAL LAW.

All Indian people pay federal income, FICA and social security taxes. Most Indians also pay state income and property
taxes. Only the small percentage of Indians who live and work on federally recognized reservations - not unlike
soldiers and their families living on military installations - are exempt from paying state income and property taxes.
However, they still pay taxes such as sales and Federal Income tax.

Indian tribes are governments with responsibilities to their citizens, but tribes almost uniformly lack a tax base to
support their governmental needs. Some tribes have found in gaming a means to not only provide jobs and economic
activity on their reservations, but also a source of badly needed government revenue. As sovere...

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