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Renovation, Renewal & Rebirth

Native American casinos have come a long way since the early days of putting up a prefabricated gambling hall—or a tent. Today’s lavish, full-service tribal casino-resort destinations offer everything from branded restaurants to upscale retailers, luxurious hotels to state-of-the-art theatres, sumptuous spas to signature golf courses—and of course, expansive and alluring gaming floors.
    
While making adjustments for the economy, renovation, renewal and rebirth are proceeding at a steady pace at Native American casinos. And every addition, update and new construction project results in more excitement and appeal for customers, and more pride—and profit—for tribes.

In late 2009, council members of the Sovereign Nation of the Coushatta Tribe, managers of the tribe’s casino resort in Kinder, Louisiana, and architects from the Memphis-based Hnedak Bobo Group met in Las Vegas during the Global Gaming Expo.
   
“We challenged them,” says Conrad Granito, general manager of the Coushatta Casino Resort. “We had been planning a major remodel of upwards of $250 million. But given the financial conditions at the time, we said, ‘What can we do?’ Hotel rooms were our major need, but at what level of finish? We wanted a four-star hotel at a three-star price.”
   
Dike Bacon, director of planning and development at Hnedak Bobo Group, says it was a tall order.
   
“Yes, they challenged us to set a new standard for their hotel, focusing on high-end features and amenities that would fundamentally change their guests’ notion of the casino hotel experience,” says Bacon. “We believe the concept we’ve established has the potential to change how casino hotels in Indian Country will be developed and ultimately marketed to the gaming customer.”
   
The new $60 million, seven-story, 400-plus-room hotel at Coushatta Resort Casino will be the first to be developed by DreamCatcher Hotels, a new, separate hotel development company that grew out of Hnedak Bobo Group. Scheduled to open in 2012, it will feature distinctive touch points, including luxurious linens and even a custom-designed DreamCatcher-brand mattress.
   
“We want guests to walk into their room and say, ‘This is nice!’ but we don’t want them to hang out in there for two days,” Granito says. “The room will be oasis, a place you like to go back to from gaming.”
   
SHELVING THE SELF

The Coushatta renewal project is a perfect example of how, “instead of simply dusting off original plans shelved at the advent of the recession, tribes that are in a growth mode are taking fresh, aggressive views of the bottom-line performance metrics of their new investment activity and changing their expansion plans accordingly,” Bacon says.
   
Adds Dick Rizzo, vice chairman of Las Vegas-based Perini Building Company, “Tribes are saying, ‘Let’s see what today’s dollars can do for us.’ Our original master planning may have involved a casino, then a hotel, then expanding the casino and adding more hotel rooms, but we had to put the brakes on it. Now maybe we can do another piece.”
   
With construction projects pricing out at about 10 percent to 15 percent lower than just a few years ago, tribes are adding those pieces. In fact, Barry Thalden, a partner at Thalden Boyd Emery architects in Las Vegas, says his firm anticipates opening six new Native American projects in 2011.
   
“Smart casino owners are expanding and renovating their casinos now,” he says.
    
Tom Hoskens, vice president at the Cuningham Group, Minneapolis, notes, “To take advantage of current construction prices, if one has the wherewithal, you can get great value now. It’s the right time to plan and design, and move projects forward.”
   
In addition to lower construction costs, several other factors are contributing to the optimism of the Indian gaming segment of the industry.
   
“Gaming consumer discretionary spending is up,” says Bacon. “The finance community is becoming more receptive to deals. The lodging segment and travel are improving nationwide. These are all strong signals that should give tribal leaders the confidence to proceed with the right investments for growth.”

GROWTH AND DEVELOPMENT

What are the right investments?
   
“Let’s say it’s 2011 and a tribe looks at revenues and decides it has enough to expand. What’s happening today is everyone’s looking a lot harder to see if it makes sense,” says Brad Friedmutter, chief executive officer of Friedmutter Group Architects, Las Vegas. “It’s very different from just a few years ago when the attitude was, ‘If you build it they will come.’”
   
Brian Fagerstrom, president of WorthGroup Architects, Denver, agrees.
   
“Tribes are way beyond ‘build it and they will come’ now,” he says. “They’re doing more homework these days to really understand their demographics—what existing clients want, and who management wants to attract to the property.”
   
For example, Fagerstrom says, when the Choctaw Casino in Durant, Oklahoma was undergoing a rebirth (all seven Choctaw Nation of Oklahoma properties were transformed between 2007 and 2009), management surveyed customers regarding restaurant preferences. Based on the results, Fagerstrom says, “Some of the original planning got scrapped in the middle of design. We’re getting better information on clients and that really affects rebranding.”
   
Branding is something that Native American tribes understand.
   
“They’re increasingly bringing fun, name-brand restaurants and retailers such as a Bass Pro Shop or Cabela’s onsite, or totally rebranding as a Hard Rock, for example, to attract people to their place rather than someone else’s,” Hoskens says. “It creates an edge in a competitive marketplace. It’s a popular trend now and it works.”
   
Joel Bergman, chairman and chief executive officer of Bergman, Walls & Associates, believes that tribal casinos now need something to stand out. 
   
“Sometimes an outside operation can bring a different flavor to a venue,” he says. “A nationally known restaurant will open in a Native American casino and will be operated by an outside vendor—that started in Las Vegas with celebrity chefs and it really spices up the offerings and adds pizzazz. To see that starting to happen in Native American casinos is very exciting.”
   
Lisa Jelliffe, director of marketing and business development at WorthGroup, says tribes’ use of branding indicates they are very sophisticated in understanding the marketplace and how customers want to spend their money and time.
   
Whether a Native American casino r
equires a renovation, renewal or rebirth is no longer a discussion.

   
“The question owners should be asking is, ‘What can we do for our customers that will knock their socks off?’” says Thalden. He points out new hotel rooms and parking structures “typically bring the best results to the bottom line.”
   
The life cycle on hotel rooms with an occupancy rate of 98 percent is about five to seven years, Rizzo notes, “so they definitely need to be renovated or remodeled periodically.”
   
Smart Native American casinos, he adds, “are constantly repositioning entertainment venues, replacing the Chinese restaurant with a steakhouse, just to offer variety and keep it fresh.”

RENEWED ENTHUSIASM

Renovations do not have to be major to make a big difference.
   
“From adding a small restaurant or spa, new bedding in the guest rooms, to simple things on the gaming floor like making sure the carpet’s not worn out, it gives the perception you’re taking care of your property and your clients,” says Fagerstrom.
   
As part of a maturing—but competitive—industry, Native American casinos across the nation are involved in, or contemplating, property renewals. When the Choctaw Nation renewed its seven Oklahoma casinos, “in order to serve a growing market and remain competitive, the flagship property in Durant especially needed to have a different image,” says Fagerstrom, “so it grew from a first-generation property to a major regional destination.”
   
Everything from design and materials to employee training and guest experience were addressed. Jim Mickey, a principal at WorthGroup, adds technology also played a major role in generating and maintaining interest and awareness, including weekly “Behind The Design” videos, social media and internet access inside and outside the property.
   
“The success of a Native American or any casino is way past growing by gaming now,” he says.
   
Thalden Boyd Emery designed the $45 million renewal that will be completed in September at the Wildhorse Resort and Casino in Pendleton, Oregon. Owned by the Confederated Tribes of the Umatilla Indian Reservation, the current 99-room hotel will be expanded by a 10-story, 184,000-square-foot, 202-room addition with wall-to-ceiling windows overlooking the Blue Mountains, plus there will be a new indoor/outdoor pool, retail space and a four-screen cinema, and the casino will grow by 24,000 square feet.
   
“We’re upgrading the front entrance of the casino while expanding the property,” Thalden says. “That gives the impression of a totally new casino.”
   
The casino opened in a metal pre-fab building in 1995 while the original 40,000-square-foot casino was being built; it has gone through several expansions over the years but none as dramatic as the current renewal.
   
At Mystic Lake Casino Hotel in Prior Lake, Minnesota, owned by the Shakopee Mdewakanton Sioux Community, Bergman explains a renewal program actually has been ongoing for several years.
   
“We have been adding amenities to the venue, through good times and not so good,” he says.
   
One of the primary projects has been the creation of the remarkable “river of flames” that runs along the ceiling of the property. “It ties together several chunks of the casino that had been added over time, to unify it into a single composition. It really has pulled the place together,” Bergman says. Over time, in addition to expanding the casino, Mystic Lake has added restaurants, a showroom, a golf clubhouse, a 14-story hotel addition and more.
   
“We are more like a huge locals place,” says General Manager Rich Langelius.
   
The Hard Rock Hotel and Casino in Albuquerque, New Mexico, is owned by the Pueblo of Isleta, and was re-themed as a Hard Rock.
   
“The tribe wanted an addition to their casino and they didn’t have a hotel, so we designed a hotel, a conference center, restaurants and a spa, and added it all onto the casino, which stayed the same,” Hoskens says. “The hotel lobby is all glass, very unique and modern, with a soaring 90-foot atrium. It’s got a lot of ‘wow!’”
   
Hoskens also has been involved in an impressive casino rebirth at Harrah’s Cherokee Casino & Hotel in Cherokee, North Carolina, owned by the Eastern Band of Cherokee Indians. Originally opened in 1997, the five-year, $633 million expansion is the sixth-largest construction project in the U.S. Highlights will include a 21-story hotel tower adding 532 rooms and suites overlooking the Great Smoky Mountains; Paula Deen’s Kitchen restaurant; a food court; the luxury Mandara Spa; a 3,000-seat events center; and a casino expansion to 195,000 square feet.
  
“Outside, the building has been designed to reflect the mountains with soft, curved layers and windows symbolic of spruce and pine trees. There’s a trout stream that flows through the property and it’s not unusual to see people fishing there,” Hoskens says. “Inside, the design is a metaphorical journey through the Great Smoky Mountains in four zones, to help people feel oriented and comfortable.” The rebirth has “totally changed and freshened and enlivened the casino resort,” Hoskens says. “There’s a lot yet to come.”

WESTERN WAYS

Across the country, the Cache Creek Casino, Brooks, California, owned by the Rumsey Band of Win-tun Indians, started out as a modest bingo hall in a pre-engineered building in 1985.
   
“At first a tribe usually doesn’t have a lot of money available, so they put up something relatively inexpensive,” Friedmutter says. “Then through good management and marketing they become successful and can get investors in order to expand. So in 2004, although the land in trust was limited, the tribe wanted a major expansion.”
    
A $200 million rebirth began—the construction of a ground-up casino resort with a 74,720-square-foot gaming floor, 200-room hotel, spa, restaurants, theater, event center and an 18-hole championship golf course, all completed in 2008.
   
“It’s a very exciting property that caters to clientele that previously were geographically cut off from going to Tahoe,” Friedmutter says.
   
Similarly, the Kalispel Tribe of Indians recently completed a new 250-room hotel and 50,000-square-foot casino expansion at its Northern Quest Resort and Casino in Airway Heights/Spokane.
   
“The property opened as a humble 50,000-square-foot casino in December 2000,” Bacon says. “Now, 10 years later, the addition significantly raises the quality level in the marketplace and the resort has become a destination escape for visitors from Seattle to Portland.”
   
The casino resort recently earned AAA’
s coveted four-diamond award ranking, making it the only Native-owned property in the region to receive this recognition.

TRIBAL HERITAGE

There are dozens of other examples of renovation, renewal and rebirth at Native American casinos. Most of them, in one way or another, reflect the tribe’s culture and history within the interior and/or exterior design. That can be accomplished in many ways. For example, a dazzling multi-media show is planned at Harrah’s Cherokee, showcasing the nation’s themes and culture in a 50-foot-high rotunda encircled by eight columns, with a waterfall, stage and landscaping.
   
“It’s the crescendo to the composition,” Hoskens says.
   
Or, a tribe’s heritage can be reflected in more subtle ways, such as at the Choctaw Casino in Durant, Oklahoma.
   
“We used a lot of things from the tribe’s culture like baskets, prairies, colors and imagery as inspirations to create patterns and textures,” Mickey says.
   
For example, the snake, an important tribal image, is reflected throughout the Diamondback Lounge. “But it’s not literal,” Mickey notes. “The shape and exterior skin of the building also reflect the pattern left by a snake as it wanders through the sand.”
   
At the Four Winds Casino Resort in New Buffalo, Michigan, owned by the Pokagon Band of the Potawatomi Indians, visitors can learn about the tribe’s history through a series of murals in the rotunda painted by renowned Native American artist Mike Larsen. A kiosk describes each mural.
   
“In designing the facility we wanted to make sure our cultural traditions were visible,” says Pokagon Chairman Matt Wesaw. “We did not want the casino to define the Pokagons.” 
   
Four Winds is experiencing a renewal now, Wesaw says, working with Hnedak Bobo Group to add 250 hotel rooms, an entertainment center, conference facilities and a restaurant.
   
“The property is such a source of pride for our 4,400 tribal citizens,” he says. “Equally important, it’s an economic engine for the tribe and has enabled us to have our own courts, social services, education, housing and police force.”

STAYING CURRENT

Renovation, renewal and rebirth also are very positive for tribes, Hoskens says, “because they can see their business expanding and growing and that their business leaders are doing a good job. These projects are a strong indication to the tribe that they will be even more successful in the future.”
   
Additionally, Rizzo points out, “Many of these tribes were destitute before they had the ability to own and operate casinos. Because of gaming, they’re less dependent on the federal government and taxpayers for survival.”
   
What will the future of renovation, renewal and rebirth at Native American casinos look like? The next cycle of change is starting to happen already, Bergman says.
   
“As these casinos continue to mature they will add on seriously big chunks—multi-screen movie theaters, bowling alleys, larger hotels, bigger bingo halls. They’ll become more complete as resorts,” he says. “They’ll become mainstream.”
   
Mickey says that every tribal casino, like every tribe, tells a different story.
   
“It’s interesting how every Native American casino has hundreds of machines and a restaurant,” he says. “Yet every one of them is completely different, with so many levels and variations. There’s no single design like a McDonald’s franchise. Each one expresses a brand new journey.”

Research & Revelation

Despite compelling reasons to study the impact of Indian gaming on the health of tribal members, gambling problems among American Indians have received scant attention from the research field. One reason for the dearth of research in this area is the challenge of conducting research with a population that has a long history with research abuses, especially in the area of addictive disorders. How and when should investigators approach American Indian communities? Which research questions should receive priority? To answer these questions, Tribal Government Gaming magazine  invited Katherine Spilde and Eileen Luna-Firebaugh to offer guidance to gambling researchers interested in studying American Indian populations.

Both of our institutions, San Diego State University and the University of Arizona, encourage and support academic research on issues related to American Indian tribal governments.  Whether legal or policy studies, cultural analysis or public health research, part of our mandate is to strengthen and contribute to the foundations of original research about the important changes taking place in Indian Country. However, many projects that might seem important or interesting from an academic perspective are not meaningful to or feasible in tribal communities, where priorities and beliefs about what is to be shared vary widely from place to place.
   
To understand why tribal governments are sometimes reluctant to allow “outside” researchers to study their communities, consider the following story:  In 2004, the Havasupai Tribe filed a lawsuit against Arizona State University charging that ASU researchers had misused blood samples taken from tribal members who had been told that the sample material would be used for a study on the genetics of diabetes. The Havasupai community members later learned that the samples were also used for research on schizophrenia, inbreeding and migration patterns, without the tribe’s consent. This recent case, while shocking, was reminiscent of other past abuses and reinforced Indian Country’s suspicions of research and the assumption that findings could be used to harm and humiliate American Indian people and communities (Santos, 2008; Sahota, 2007).
   
Researchers interested in studying the economic and social impact of gambling on American Indian communities must understand the history this story reflects and illustrates as well as the new research regulations some tribal governments have adopted to protect themselves and to exert more control over investigations conducted on or with their communities. We offer the following recommendations to researchers who are thinking about studying gambling impacts or gambling disorders among American Indian communities.

OBSERVE PROPER PROTOCOL

Issues of proper protocol can make or break a research project in Indian Country. As sovereign nations, American Indian tribal governments have the right and responsibility to regulate research on their lands, and some tribal governments have created their own Institutional Review Boards (IRB) for the purpose of evaluating proposals for research on their communities (Sahota, 2007).  Investigators should take care to follow the community’s research
regulations when submitting the project to the tribe’s IRB.
   
We find that academic researchers are often reluctant to approach tribal government officials about potential projects. One simple guideline for dealing with tribal leaders is to consider them as one would any other esteemed elected official or honored representative. Elected tribal chairs and members of tribal councils are the chosen representatives of sovereign peoples and nations. They carry a heavy mantle of responsibility and should be accorded great respect. If the leaders and members believe that the concept of tribal sovereignty is understood and honored by researchers, they will be more cooperative and forthcoming and more likely to contribute their ideas and support to research among their community members.    

STRIVE FOR CULTURAL COMPETENCE

The recommendation to develop a project that is culturally competent might sound like obvious advice to those interested in working with native communities.  However, in our experience, academic researchers often fail to do their homework or invest time in trying to understand the community’s perspective on important issues. Learn as much as you can about the history, culture, traditions and circumstances of the community you would like to study. For example, try to understand the pace and rhythm of life in the community, which may not always proceed in accordance with your project’s timetable or deadlines. Ceremonies and rituals often take precedence, even over previously scheduled interviews with outside investigators.
   
In addition to examining your own personal preconceptions, take a critical look at the existing methodology for cultural bias. For example, current screening instruments for gambling problems have not been validated for use in American Indian populations. You might also consider how the view of gambling among Indian tribes might influence your investigation.  Whereas the dominant American culture often seems ambivalent about gambling, despite the large percentage of Americans who gamble, many tribes view their own traditional gambling activities as an important and positive part of their history and culture.         
 
Additionally, for many tribal governments, gaming revenues provide the most significant (or only) source of governmental income, so tribal gaming’s political impacts are understood to outweigh any potential or actual social impacts.

AIM FOR A TRUE PARTNERSHIP

Most importantly, community leaders and tribal members should be involved from the inception of the research project as more than just human subjects to be studied. Researchers should expect—and invite—tribal representatives to monitor your research project and to request continuous consultation and conversation. Be prepared to explain your project again and again to leaders, small groups and individuals and to incorporate feedback along the way. Projects that reflect true collaboration are ultimately the most valuable to tribal communities themselves and may provide additional value to populations of interest to other researchers.
   
Reciprocity should be the hallmark of research projects with American Indian communities. If investigators make use of the subjects’ time and participation, they should give back to the community by providing resources and skills and by focusing on projects that the community itself is seeking. Hiring tribal members to assist in research activities is a common practice that can benefit the tribe and also make it less likely that research participants will be exploited or exposed to unnecessary risk (Caldwell et al., 2005). 

CONCLUSIONS

These are just a few of the many opportunities and challenges involved in the study of gambling’s economic and social impacts on American Indian populations. Despite the many challenges, we are confident that academic researchers who make the effort to conduct community-based, collaborative research in Indian Country will succeed in producing enlightening studies that will benefit both the tribes and the larger gamb
ling field. We support the creation of tribal IRBs to monitor and shape academic research on tribal communities and encourage researchers to learn more about these processes and protocols to ensure successful completion of important work.

FINANCIAL ROUNDTABLE: Economic Diversification in Indian Country

Economic diversification has been an emerging “hot-button” issue in Indian Country for some time, but in the past year in particular, it has arguably become one of the top priorities for many of the nation’s most prominent tribes.

Still, while diversification is now a focus for many, there is a distinct group of tribes and supporting organizations that have made the most notable strides in developing and implementing structures and strategies that have not only supported the tribe’s key aims of (non-gaming) revenue generation and job creation, but have also encouraged such entities to help other tribes achieve a similar path.

Small Business Administration regulations have shifted to place increased emphasis on the level of diversification that tribes must achieve in order to compete in the process. And of course, given the limitations of any government-run program, there are many tribes being left out of the 8(a) program that are seeking other sources of support and opportunities for growth.

This article aims to provide additional insight regarding these topics by obtaining feedback from organizations offering financial diversification opportunities for profitability and sustainable economic development for tribal shareholders and investment partners.

Innovation Group Chairman and CEO Steve Rittvo recently sat down with several industry leaders in a roundtable Q&A to learn more about their economic diversification trend observations, strategies and successes. Participants included Kip Ritchie, chief operating officer of the Potawatomi Business Development Corporation (PBDC); Eric Trevan, president and CEO, National Center for American Indian Enterprise Development (NCAIED); Annette Hamilton, chief operating officer, Ho-Chunk, Inc.; Dr. Gavin Clarkson, associate professor at the University of Houston Law Center; and Bill Lomax, president, Native America Finance Officers Association (NAFOA).

RITTVO: What are the latest trends in Native American economic diversification?

CLARKSON: Many tribes are looking to diversify their economies away from a dependence on gaming. The two goals are revenue generation and job creation within the tribal community. Although it is often difficult to achieve both, a few tribes have established ventures that are successful on both dimensions.

LOMAX: With interest rates so low, many tribes are looking for higher-yielding investments, and the more sophisticated tribes are venturing into private equity with their investment portfolios. A number of tribes are also starting to look at the Alaska Native Corporation (ANC) model, and are making private investments into businesses often with the dual goal of profits and to provide quality job opportunities for their tribal members.

TREVAN: Diversification is not always how we build another casino somewhere or how we do the next large project. It is about the fundamental importance of creating jobs and economic opportunities for our citizens, and looking to those who are already interested entrepreneurs that have business to further, to create or provide a structure that is holistic. It is critical that as tribes proceed with their economic diversification efforts they be responsible by looking at opportunities both big and small.
How are tribes coping with the limited access to capital?

LOMAX: Limited access to capital is not a new thing for tribes. The free flow of capital from the late 1990s until 2008 was really an anomaly in Indian Country, though a few tribes got used to it. Capital is still readily available for the best-positioned tribes. As is the case in life generally, though, those who least need banks to lend them money have the most opportunity to borrow it. For those that do not have ready access, a BIA loan guarantee makes it easier to access capital and in some cases, the business opportunity is compelling enough to attract outside investment.

CLARKSON: Tribes are getting creative with such structures as seller-financed leveraged buyouts. For certain types of businesses, the growth potential by partnering with a tribe will provide substantially greater economic benefits to the seller.

TREVAN: The days of going to a bank and putting 20 percent down and securing a loan based on casino operations no longer exist. Lending, which has always been difficult, has become even more challenging for native businesses and tribes. Historically, tribes pay an average 3 percent higher for loans compared to the broader market, and broad, market-based solutions and changes are needed. And this has not just been with respect to larger-level projects; this affects even those seeking a $5,000 line of credit because of historic lower incomes. Since we recognize that this isn’t as easy to achieve as simply telling lenders to change their model, we know we need to explore other options. The days of tribal community lending, conglomerates for multiple tribes to leverage resources, and more public/private partnerships lie ahead. Financing as we know it is not the same and won’t be for some time, so we need to look to each other.

HAMILTON: I agree with Bill that tribes have always had to be innovative in finding access to capital. The recession and cutbacks have had an impact, of course, but since tribes have always had to be more creative with their financial sourcing, I believe we have been better prepared and capable of responding to the current environment.

How are tribes coping with recent attacks on ANC, tribal and native Hawaiian participation in the SBA 8(a) programs?

HAMILTON: Historically, tribes have performed well with respect to government contracting, and we understand the importance of working with the government, side by side, to try to provide the best value to all parties while still maintaining compliance with regulations. There are occasionally challenges, of course, but entities such as Ho-Chunk, Inc. recognize that it is to everyone’s benefit to strengthen the program as a whole and encourage the impact created on the reservations. Tribes are adapting to the process, and Ho-Chunk, Inc. in particular is doing its part to participate.

RITCHIE: I believe that despite some of the negative attacks, Native 8(a) is working for tribes, ANCs and native Hawaiians. While some issues have been identified within the program, we are working together as native people to ensure that there is improved transparency, ethic compliance and policies and procedures. Tribes are still relatively new to 8(a) compared to ANCs, for example, but the approach is that we will continue to make improvements to the program and demonstrate that government is getting good value.

There is no question it is working, and supporting tribal economies by providing them with economics tools for long-term sustainability. Tribes and ANCs have worked to make their voice heard in D.C. to help provide the facts about the success of the program. Some of the specific successes PBDC has seen in government contracting have been in industries such as technical services, engineering and I.T. The 8(a) option hasn’t been as beneficial for industries such as manufacturing to date, due to the intensive capital
investment, but that doesn’t mean they can’t be a fit in the right scenario.

What is the typical size of a deal?

TREVAN: In my opinion, there is no typical size and in fact, tribes that only look at opportunities of a certain scale may be doing themselves a disservice.

Diversification should yield a profit, but it doesn’t always have to mean “big deals.” It is important to look at the $100,000 and $100 million opportunities simultaneously; varying levels of ROI bring exceptional value when it comes to a successfully diversified portfolio.

RITCHIE: PBDC has traditionally looked at deals $500,000 and up. I advise others that it is OK to go smaller, as long as the potential target is a strong company with a model that fits the tribe’s strategic growth plan and investment criteria. We have done little by way of manufacturing or startups to date, but government contracting and IT are specific examples we have been open to, even though relatively smaller. And since financing is more competitive, leveraged buyouts, JVs and partnerships are options tribes are actively involved in to close deals and to start building capacity on their reservations. We have minimum criteria and requirements and may put $1 million into a deal if it meets certain investment tenants.

For example, if we have consistent management, the business cash flows, there are opportunities for growth, and, we’re able to use tax advantages to grow companies faster. So, down the road, the small deal becomes much larger. We have reviewed deals up to $3 million or $4 million independently, and as part of a syndicate, like the Four Fires project. We might consider larger deals in the future. We do look for deals where multiple tribes can invest together. This will require more due diligence and research, but the fact remains that tribes doing deals together is a major topic of discussion in Indian Country. I suppose it is fair to say that we are a private equity firm with unique advantages of “buy and hold” compared to other PEs that may seek to turn around an investment quickly. If holding an investment means opportunities for tribal training, employment, long-term wealth and other considerations, then we are open to it, which means we are a PE firm with goals of not just making a buck.

Where are you finding the best deal flow?

HAMILTON: Ho-Chunk, Inc. has gained extensive experience with non-gaming deal flows. We work in tandem with the government to fill a niche or need while simultaneously diversifying our tribal economy. The new SBA regulations are designed to encourage a broad level of interests, and we recognize that as benefiting the tribal corporation. The outcome is easy to see as tribal corporations are diversifying significantly, with deal flows focusing on a broader base of businesses. Ho-Chunk, Inc., for example, has been at the forefront of this, with 19 different subsidiaries currently in place, including entities specific to renewable energy, various government contracting entities, convenience stores, and marketing, distribution and logistics companies as well. The SBA monitors and regulates the level of diversity, and Ho-Chunk, Inc. has achieved this by evaluating channels of businesses vertically and also horizontally.

RITCHIE: PBDC relies heavily on networking and relationships created with others in Indian Country. Add to that our local and regional community of Milwaukee, Wisconsin and the Midwest, and other relationships with attorneys, banks and government contracting organizations (such as the NCAIED and the Native American Contractors Association), and we have found great success at identifying companies that are privately held and would consider Native American ownership through an acquisition or JV. As a result, PBDC currently maintains over seven subsidiaries, passive investments and JVs in a wide range of industries and target markets.

In what ways are you finding the most success in leveraging the tribes’ competitive and sovereign advantages?

TREVAN: The biggest advantage is reduction (if not elimination) of fees and taxes based on the tribal-owned structure. This is something all sovereign nations should be exploring. What I see all of Indian Country doing now is trying to identify the next era, whether it be with respect to advances in gaming or joint-venture and teaming opportunities for non-gaming investments. There are (private) economic development groups fighting for tax credits for businesses while tribes have historically had huge comparative advantages with respect to tax incentives to structure as a tribal business. I believe strongly that the future lies in our ability to reinvent and diversify ourselves through partnering, mentoring and teaming.

CLARKSON: The fact that tribes (as governments) are non-taxable entities gives them both direct and indirect advantages. Obviously, from a direct perspective, limited taxation allows for more of the profits to flow back to the business. Indirectly, though, this is also beneficial in that opportunities for LLCs and other structures can yield benefits for the non-taxable tribe and their taxable partners. Such entities are complex structures and require (legal and financial) oversight, but if established correctly, an active, non-Indian partner can also witness some of the tax liability protections through their association with the tribe. The appeal of such situations inherently increases the pool of potential partner or JV candidates by potentially extending the tax advantages to them.

Are tribes finding success in joint ventures, teaming, partnering?

HAMILTON: Joint ventures, teaming and partnership opportunities are some of the key ways tribes are adapting to the new regulations. Those involved with the process will work closely with the government to comply, but the fact remains that some tribes are left out of the government process and still need other means to sponsor growth. Partnerships—particularly those with other tribes—are some of the most important resources helping such entities compete and grow. It takes years to build up the infrastructure and to achieve true “diversification,” and organizations need a foundation during that phase so they can win the competitive contracts and look at public/private partnerships too. The new regulations encourage more success with JVs, teaming and partners for this reason, and it is great to see more tribes helping those just getting under way. Ultimately, I believe this will add strength to the 8(a) program.

TREVAN: Coincidentally, I ran a panel at the REZ Conference in Las Vegas recently, and asked the attendees to raise their hand if their community had a corporate or legal structure specifically for tribal development; about half of the audience raised their hands. I encouraged all of those who didn’t to speak to those who did, because now is the time for Indian Country to help one another. Now is the time to have the discussion. People outside of Indian Country are certainly having these discussions, and we need to have them as well. It is in the best interest of our citizens, governments and nations.

What types of efforts have you seen from tribes specific to the ene
rgy sector?

HAMILTON: Renewable energy is important to Ho-Chunk, Inc., both from the perspective of creating economic opportunities for our people and for the well-being of the broader community. There is a lot of talk on renewable energy, but the truth is the technology level has yet to settle in. Tribes are inherently at the forefront on this issue, though, because of their commitment to preserving the environment. At Ho-Chunk, Inc. we are working diligently to determine which renewable energy opportunities are best-suited for us as well as for those in our communities. We have invested socially on our own reservation, so that we are keeping pace with technologies, albeit for now on a smaller scale. If and when it is time for a larger investment, we will be ready.

TREVAN: I have seen many tribes take the approach to first seek opportunities to reduce costs by supplying their own energy. If successful, they can move to step two, which evaluates if there is an opportunity to yield energy to the grid. Going into such efforts, though, tribes should recognize they are competing against conglomerates of energy competitors with century-long track records, and consider partnerships that may add value to the effort. Tribes should certainly be engaging in conversations with one another to develop and move forward with an energy agenda that is competitive with existing providers.

March on Washington

As the 112th Congress begins to implement its legislative agenda, tribal governments are ready to join the battle to protect gaming in Indian Country. Even in a year where the federal budget takes center stage in Washington, Indian gaming issues always arise, whether it is in the context of internet gaming, attempts to amend the Indian Gaming Regulatory Act, oversight of the National Indian Gaming Commission or land into trust issues, to name just a few. Effective advocacy from Indian nations will once again be essential to support gaming operations on native lands. So here are the “Top Five” rules for advocacy before Congress and the executive branch:

1. Present a Clear, Powerful Message

Whether a message is for business sales, an advertising campaign or legislative and executive branch lobbying, the message must be clear and understandable with a strategy to achieve results. Some messages are readily identifiable—like, “The new tribal gaming facility will create 1,000 jobs and enjoy the support of the local community.”
   
Other messages are more complex, particularly when they require an understanding of tribal history, government policy and legal theories. Presenting the issue in the form of a concise briefing paper, letter or PowerPoint presentation can bring clarity to the issue. Charts, graphs and visual aids can also be invaluable in honing the message. The attention span of most federal and congressional officials is most focused at the start of a meeting, so the message and request for action should be summarized at the start with the details to follow during the remainder of the presentation.
   
As a former deputy assistant secretary for Indian affairs at the Department of the Interior, I presided over dozens of tribal presentations that ranged from brilliant and sometimes even emotional to others that were baffling, confusing and muddled, leaving me with little quality information to pursue the particular issue. Even with sympathetic federal and legislative officials, a well-articulated and supported request will increase the chance of success.
   
The recent nationwide effort to reverse the onerous effects of the disastrous United States Supreme Court decision in Carcieri v. Salazar is a good example of such advocacy. Tribal officials showed that restrictions on the secretary’s ability to take land into trust affected not just a small number of gaming acquisitions but more importantly affected acquisitions of land for clinics, schools, energy projects, housing and a host of other non-gaming projects.
   
Even though a legislative victory was not ultimately achieved, the Obama administration (after some initial missteps related to California Senator Dianne Feinstein’s draconian approach) and many key House and Senate members incorporated and expanded the tribal message. Submission of the individual non-gaming projects affected by the Carcieri decision and the accompanying jobs and social data at risk as a result of the decision were also key to a powerful, clear message.
   
One additional point applies to powerful, clear messages before Congress. For some reason most presenters at congressional hearings do not practice their opening statements, which can often detract from their message. Practice and familiarity with an opening statement is always a good use of time. Even better is to present the opening statement without reading since all will be submitted for the record. Engaging the committee with direct eye contact is a means to immediately secure the attention of the audience and keep committee members off their BlackBerries.
   
In addition to clear visual aids and photographs, developing “friendly” testimony questions during a hearing can enhance congressional testimony. Addressing the opponent’s arguments in advance can dilute the opposition message.

2. Travel to Washington, D.C. and Lobby at Home

Executive branch and congressional lobbying is most effective when tribal leadership invests the time, budget and travel necessary to work the issue. Tribal participation is critical on Washington, D.C., lobbying visits. While an effective, experienced law firm and/or lobbying firm can also be retained for good results, the priority shown by the presence of tribal leaders carries greater weight with decision-makers than non-tribal representatives.
    
Tribal participation in key meetings is also necessary so that the outcome can be explained to tribal citizens back home. Firsthand knowledge by tribal officials of what is supported or opposed in a Washington, D.C., meeting is far superior to reading a written report, which simply cannot capture the nuances, body language, or value of direct observations. At times, repeated visits will be necessary to keep the issue from getting lost in a sea of federal priorities.
   
In addition to Washington, D.C., travel, effective lobbying can also be supplemented by lobbying at home. Many congressional members have “Congress on your Corner” events and district visiting hours. These opportunities should not be wasted. At times, it may make sense to travel regionally where federal and congressional officials may be speaking at conferences, field hearings or tribal association meetings. Even if a formal meeting is not scheduled with an official at such an event, a brief “hallway meeting” can raise the profile of the issue and keep it a federal priority. While not ideal, these informal meetings can also sometimes be the breakthrough that is needed on a case.

3. Retain an Experienced Federal Indian Law or Indian Policy Group
 
Alongside tribal officials, experienced attorneys and lobbyists can bring the expertise and relationships necessary to foster a positive outcome. While sometimes those in the Washington, D.C., native community are criticized by outside groups for the interconnected nature of their business and personal relationships, it is a fact of life shared by defense industry lobbyists, unions and other lobbying forces that also have close ties formed from prior service in government or on Capitol Hill.
   
Since the native community is very small in Washington, D.C., it should come as no surprise that a lobbyist’s former colleagues, current or former spouses, social acquaintances and sports teammates are in positions of power that may determine the outcome of an issue. These relationships do not unduly influence such decisions but can facilitate a fair hearing and consideration of the tribal position. Access to decision-makers is important but expertise is also necessary in the complex world of tribal government relations.
   
As the Jack Abramoff scandal demonstrated, however, sole reliance on access to power without expertise in Indian policy does a disservice both to tribal governments and federal decision makers. Fortunately, there are a host of law firms and government affairs experts in Indian policy who are well-skilled in Indian matters and, most importantly, are ethical.

4. Create Alliances at the National and Grassroots Level in NCAI and NIGA

In the modern era, Indian Country has enjoyed the resources of strong Indian advocacy organizations like the National Congress of American Indians and the National
Indian Gaming Association. Their organized Capitol Hill, White House and federal agency impact days provide tribal advocates with a number of valuable opportunities to influence Indian policy on a national and local level. When a meeting cannot be obtained with a key policy-maker like the secretary of the interior, these meetings may be the only opportunity for an advocate to present an issue to high-ranking officials. Attendance at tribal subcommittee and task force meetings presents another great opportunity to build alliances.

   
As in all lobbying efforts there is power in numbers. Grassroots events and communication can create strong local momentum for an issue. Social media like Facebook and Twitter can be utilized to develop “friends” of the tribe and to keep such friends involved in the issue. When letters and phone calls are needed, Facebook and the tribe’s own website can be powerful instruments.

5. Participate in the Political Process

In the political system in America, it is essential that tribal governments participate with votes, campaign contributions and volunteerism. While not lobbying in the formal sense, the work of tribal leaders in Senator Obama’s presidential campaign and native platform made the Cobell Trust reform settlement a promise and ultimately a reality. Similarly, votes and campaign contributions on a bipartisan basis to House and Senate champions of Indian Country ensure that these members will remember Indian Country after election day.
   
The recent election victories of Senator Lisa Murkowski (R-Alaska) and Senator Jon Tester (D-Montana) are just two examples of where the native vote was critical. As the 2012 presidential primary and general election approaches, there will be even more opportunities to participate. The 2012 Republican National Convention in Tampa, Florida, and the Democratic National Convention in Charlotte, North Carolina also present excellent opportunities to highlight native issues.

Tribal Sovereignty & Online Gaming

Online gaming isn’t new. Since gambling has proven to stretch back to the dawn of time, it’s not surprising to see it reach all the way back to the dawn of the internet. For the past 20 years, gaming has been the second-most lucrative segment of the internet (right after “sex”). So it was only a matter of time before Native Americans had to grapple with the issues that online gaming brings to the tribal doorstep.
   
While commercial casinos are eagerly lining up behind what is anticipated to be the legalization of certain parts of online gaming in the U.S., tribes have been reluctant participants. After all, it’s only been 20 years or so that tribal government gaming has been transforming some of the nation’s poorest communities into prosperous and powerful organizations, producing revenue, jobs and a bright future of their people. The multi-tiered regulatory system is still being refined and tribes, for the most part, are just beginning to use gaming revenues to diversify their economies.
   
So it isn’t any wonder that most tribes are uncomfortable with a form of gaming with which they are unfamiliar and whose benefits are somewhat nebulous at this point. And it’s not a shock that the issue at the top of the list of concerns is one that is familiar to all Native American leaders: tribal sovereignty.

GETTING HERE

In any case, the United States is late to the party when it comes to online gaming. The birthplace of online gaming is small Caribbean and Central American countries where some nefarious companies and individuals set up servers and systems to run their online operations in a U.S.-facing setting.
   
The industry was a bit more respectable across the Atlantic, where small nations and territories like Malta, Gibraltar, the Isle of Man, Alderney and others set up rudimentary regulatory systems that legitimatized the activity. Today, most European countries have accepted the reality of online and mobile betting and have established rules and regulations that control the online industry. At the same time, the European Union, via the European Commission, has set anti-monopoly rules that allow a fairly level online gaming playing field among all its members.
   
The U.S., meanwhile, went in the other direction. In 2006, Congress passed the Unlawful Internet Gaming Enforcement Act (UIGEA), slipping it through at the end of the session, and effectively banning the transmission of money to and from any organization involved with internet gaming. Although enforcement was still two years away, it prohibited U.S.-based banks from accepting transactions from online gaming companies.
   
At that time, many of the companies that had been accepting U.S. wagers—PartyGaming, Microgaming, 888 and others—stopped taking those bets, while others—Full Tilt Poker, PokerStars and many smaller sites—continued to accept them. Some companies that halted U.S. bets made deals with the U.S. Department of Justice that purged any previous wrongdoing from their record, while the ones that continue to take bets are considered criminals.
   
But UIGEA barely dented the online gaming industry in the U.S., with players quickly finding ways around the transaction prohibition. Today, it is estimated that the U.S. market for online gaming is worth somewhere around $20 billion.
   
Online gaming advocates point at that number and describe tax revenues that can be derived from it. Suddenly, politicians are interested.

ONLINE LEGISLATIVE ACTION

In 2010, Rep. Barney Frank (D-Massachusetts) proposed a bill that would legalize certain forms of online gaming. The bill was approved by the Finance Committee, but died before ever getting a hearing before the full House of Representatives.
   
Late last year, Senator Harry Reid (D-Nevada), the Senate’s majority leader, pushed a bill to legalize online poker, again stressing the tax revenue that could be accrued during a budget crunch. Although the bill never received a hearing by a committee or the full Senate, it nonetheless was seriously considered. Several factors played against its passage, not the least of which was a division among the gaming industry about how it should be implemented.
   
Tribal interests were closely involved with the negotiations, and although the bill didn’t pass, they sent the message that no online gaming legalization will pass without tribal involvement and signoff.
   
Meanwhile, individual states have begun to consider legalizing “intrastate” online gaming, meaning only residents who live inside the state borders can gamble on devices located within the state. New Jersey came the closest. In late 2010, the state legislature passed a bill legalizing online gaming, which was vetoed by Governor Chris Christie in February. While supporters will re-introduce the bill with changes addressing Christie’s objections, the bill has little bearing on Indian Country because there are no federally recognized tribes or tribal gaming facilities in the state.
   
Not so in California, where two bills to legalize online gaming have divided state tribes, gaming and non-gaming alike. The debate in California is lively and somewhat divisive, but is indicative of tribal opinions across the country.
   
Robert Smith, the chairman of the Pala Band of Mission Indians, is also chairman of California Tribal Business Alliance, a group of three tribes interested in developing partnerships and coalitions with like-minded governments and with business, community and civic organizations, with the intent to build productive alliances based on mutual respect and cooperation.
   
Smith says it’s essential for tribes to have a seat at the table when internet gaming is discussed.
   
“We need that seat to educate decision-makers about the inherent rights of tribal governments and to ensure that tribal interests are included in the policy discussions,” he says. “There’s too much at stake, to not be involved.”
   
Robert Martin, the chairman of the Morongo Band of Mission Indians, says that seat should lead to action, lest the tribes be left behind by opposing online gaming. As a member of the California Online Poker Association (COPA), Martin supports one of bills, which would legalize online poker in the state. He believes that if the state doesn’t get involved, only the illegal offshore operators will continue to benefit.
   
“Unlike offshore operators who have skirted the law, tribes have consistently adhered and abided by the provisions of UIGEA and IGRA,” he says. “In 48 states, tribes are synonymous with gaming.
   
“In California, tribal governments are the state’s established gaming partners. It has been a beneficial relationship for both sides for years as tribal gaming has generated billions in revenue for the state and currently employs more than 64,000 Californians.”

BUSINESS CONSENSUS

Ivan Makil, the former president of the Salt River Pima-Maricopa Indian Community in Arizona, and a candidate for chairman of the National Indian Gaming A
ssociation, believes tribes need to come together on this issue.

   
“The opinions of the tribes need to be heard,” he says. “We need to draw on the necessary expertise and as much objective information as possible in order to evaluate the potential impacts of online gaming. Internet gaming will mean different things for different tribes depending upon market, geography and philosophy. Consensus can only be reached when there is clarity about this issue and its impacts on all tribes.”
   
Leslie Lohse, treasurer of the Paskenta Band of Nomlaki Indians, and vice chairwoman of the CTBA, believes that internet gaming as proposed everywhere threatens tribal sovereignty.
   
“CTBA does not jump into something quickly without examining every angle,” she explains. “We don’t just look at the business perspective, which we can appreciate, but we also have to consider how it impacts the sovereignty of our governments. Not to mention the social aspect. We want to be careful what we ask for because we just might get it. Let’s slow down, be clear, and fully vet it and not just be in a rush to plug a hole.”
   
Ernie Stevens, the chairman of NIGA, says his organization has been monitoring this issue for the past decade and his goals remain unchanged.
   
“Throughout these discussions, NIGA’s position has remained consistent: any new laws on internet gaming must acknowledge Indian tribes as governments, protect tribal sovereignty, and preserve existing rights under IGRA,” he says. “This approach succeeded in 2006 when Congress passed the Unlawful Internet Gambling Enforcement Act. Because of our work, that act protects electronically linked Class II and Class III Indian gaming, and tribal-state compact provisions that speak to internet gambling.
   
Morongo’s Martin believes that tribes can come together with a single voice when speaking of internet gaming.
   
“There already is a consensus within Indian Country that we need to adapt to meet the changing demands of the market,” he says. “Part of that consensus also includes that the internet is the new frontier of gaming.”
   
Smith says while there is a general agreement, specifics can get difficult.
   
“There are 565 federally recognized tribal governments in the United States,” he says. “It is virtually impossible to get unanimity on this issue or any issue.”
   
Since most i-gaming bills envision taxing the online gaming sites in different ways, Lohse says there isn’t a way around that issue if you stand for tribal sovereignty.
   
“Taxation is out,” she says bluntly. “It’s a non-starter right there. We are a government. One government cannot tax another government. Several compacts in California have been rejected recently because they have been deemed as taxation on the tribes.”
   
Martin agrees on that point.
   
“A governing body cannot legally assign taxes to federally recognized tribes,” he says. “It is unenforceable, and therefore sovereignty doesn’t come into question.”
   
Under one of the California bills, only LLCs would be able to offer online gaming, which would mean tribes would set up an LLC separate from their tribal enterprises, and be taxed like a normal business. While Lohse wouldn’t rule that out, she contends it is a slippery slope.
   
“That’s a big issue for us,” she says. “If it’s an LLC, there is no consideration about the impact on the tribal government. You’re creating a business, which we have a right to do, but the issue is that even online creates gaming devices that violate our compacts. Today, the Gaming Control Board considers any gambling online as an illegal gaming device. The tribes would have to go outside our government status, which would be like punishing ourselves. It starts to erode our sovereignty.”
   
Martin disagrees.
  
“Online poker poses absolutely no threat to tribal sovereignty because it is a Class II game under IGRA,” he says. “Class II games are not exclusive to tribes and are not part of any tribal compacts.”

MARKET OPPORTUNITY

Land-based, commercial casino companies see internet gaming as a double benefit. First, it will create new revenues in a difficult economy. It may even allow first-time gamblers to get a taste of gaming entertainment. But they also believe that they can use online gaming to bring customers to their bricks-and-mortar casinos by offering inducements—free or low-cost rooms, cash-back coupons, sweepstakes and more. The same is true for tribal casinos, says Martin.
   
“The online player differs from the player at brick-and-mortar casinos,” he says. “However, by offering poker online, studies have shown that more players will develop an interest in also playing at live casinos in addition to playing online. So the two forms of gaming will complement each other well.”
   
Smith isn’t so sure.
   
“Tribal governments need to look at i-gaming from every angle, every perspective, before taking a position on the authorization of internet gaming,” he insists. “As sovereign nations, first and foremost, we need to look at it from the governmental perspective. Tribal governments come to the table knowing that any decision made could impact their governments in the near term, and, more importantly, it could impact the future of their nations.
   
“Lobbyists, advocates and shareholders are looking at it purely from a business perspective, from a dollars-and-cents perspective—how it impacts their bottom line now, not how it will affect the livelihood of their government generations from now.”
   
Smith is concerned about how online gaming would spread outside of tribal casinos and hopes that regulations would control it. In New Jersey, Christie cited a similar concern when vetoing the bill in that state.
   
“The regulatory scheme at the state level, or the federal level for that matter, should prohibit internet cafés, the establishment of i-poker rooms at existing brick-and-mortar casinos, as well as, the redemption of winnings at existing casinos,” Smith says.
   
Smith believes that internet gaming should remain illegal until it is clear what the impact might be, how it can be effectively regulated and controlled and has adequate protections for tribes. 
   
“Internet gaming should remain illegal,” he says, “until all of the due diligence is done and, at a minimum, it is determined that it is cost-effective, can be implemented with all of the safeguards necessary to protect the sovereign rights of tribes and existing government-to-government agreements, it has all of the safeguards to protect owners, operators, employees, players, etc., and, it should be limited to i-poker. Furthermore, illegal operators should be brought to justice.”
   
Martin says any delay will simply embolden the illegal operators and threaten the integrity of the existing gaming systems.
   
“Currently, the players aren’t being afforded any protection from fraud and theft,” he says. “The states aren’t receiving any benefits from this growing industry and the tribes are being locked out from this new frontier in gaming. The only ones who are benefiting with the status quo are the illegal offshore operators who continue to siphon jobs and billions in revenue from our economy.”
   
Lohse believes that there is a more important reason for taking the time to understand all the ramifications of online gaming.
   
“As tribal leaders, we have to stand firm and see the bigger picture,” she says. “You have to have things to preserve for the future. We want our people to be able to survive and thrive. If we make an agreement on internet gambling and it goes wrong, we’ve betrayed our children.”

Giving Till It Helps

The late Serrano spiritual leader Santos Manuel often spoke of the tradition of generosity illustrated by his parents, Helena and Antonio.
   
“My father Antonio, when eating deer meat, would cut off a piece and hand it to the hungry boys,” Manuel told anthropologist John Harrington in 1915. “He would point to the soup and tell them to have a drink. He would make arrows and give the boys four or five ready-made ones, telling them, ‘Go and hunt with these.’
   
“My mother gave poor women buckskin garments. Poor people would seek out Antonio and Helena and everybody loved and respected them for their generosity.”
   
Sharing is a trait indicative of most American Indian cultures, from the Wampanoag who reached out to European settlers on the East Coast, to the Potlatch traditions of Northwest tribes, to the Lakota spiritual leader Sitting Bull, who lived in self-imposed poverty.
   
So it comes as no surprise that American Indian communities operating the more lucrative tribal government casinos have, since passage of the Indian Gaming Regulatory Act of 1988, contributed hundreds of millions of dollars to surrounding non-Indian communities and other tribal nations.
   
IGRA lists as acceptable uses of casino revenue charitable giving along with government programs, economic development and the welfare of native citizens. The response from some tribes has been astonishing.
   
The Shakopee Mdewakanton Sioux Community, operators of Mystic Lake Casino Hotel in Prior Lake, Minnesota, has donated nearly $200 million to charitable organizations and Native American organizations over the past 13 years.
   
The San Manuel Band of Serrano Mission Indians of San Bernardino County, California, many of whom are descendants of Santos Manuel, has contributed more than $50 million to tribes and charities since 2001.
   
Shakopee and San Manuel illustrate the charitable giving of indigenous communities operating the approximately 17 percent of the nation’s 418 tribal casinos that, combined, generate 69.5 percent of the $26.5 billion in revenue won in 2009 by the Indian casino industry.
   
Shakopee is known for giving economic development grants to Indian tribes, along with nearly $400 million in loans. In January the tribe gave $1 million each to the Bois Forte Band of Chippewa Indians of Minnesota, the Crow Tribe of Montana, the Flandreau Santee Sioux Tribe of South Dakota, the Rosebud Sioux Tribe of South Dakota and the Spirit Lake Tribe of North Dakota.
   
“Our philosophy was that we wanted to help tribes get through difficult times or raise money to start or expand businesses,” Shakopee Chairman Stanley Crooks says. “We didn’t want to do some joint venture and share in their profits, but we wanted to make it easier for them to get the money they needed to do what they thought was right for their tribe, whether it’s economic development projects or job creation.”
   
As is the case with many of the more lucrative casino tribes, San Manuel would historically budget a set amount for charities and wait for the applications.
   
“It was a program driven by the nature of the requests,” says Jake Coin, executive director of public affairs. “The tribe had no real opportunity to set their own goals with regard to what they wanted to achieve through their community outreach.”
   
San Manuel has since established guidelines for giving that are based on the tribe’s culture and traditions, particularly its commitment to Serrano ancestral lands, a vast territory that includes most of San Bernardino County. The band’s ancestral lands dwarf its 800-acre reservation.
   
The main thrust of San Manuel outreach is to help ensure the health, education and economic well-being of residents of San Bernardino, Highland and unincorporated areas that make up Serrano territory.
   
“We took a look at the (community outreach) program and decided we do have important community goals we wanted to address, among them being to raise the quality of life for people in the Inland Empire,” Coin says.
   
The tribe has long-term relationships with Second Harvest, the Red Cross, Loma Linda University Medical Center and St. Bernardine Hospital. It has given millions of dollars to local schools, colleges and universities.
   
As is the case with Shakopee, a component of San Manuel giving includes other native nations.
   
When the devastating Rodeo-Chediski fire of 2002 wiped out 468,638 acres of valuable timber resources on the White Mountain Apache Reservation in Arizona, San Manuel quickly stepped forward to donate $1 million to help the tribe deal with the economic loss.
   
“What the San Manuel Indians did for the White Mountain Apache really touched the hearts of our leaders and all our people,” then-tribal Vice Chairman Johnny Endfield said.
   
When floodwaters in 2008 swept the Havasupai village of Supai, deep in the Grand Canyon, destroying a campground and obliterating the majestic Navajo Falls, San Manuel again donated $1 million to help restore the village.
    
San Manuel also stepped forward with $1 million contributions when wildfires ravaged Indian villages in Southern California, and when freezing temperatures gripped tribal communities in the Great Plains.
    
“We try to be good brothers and sisters to all tribes,” Vice Chairwoman Lynn Valbuena says. “When they have those problems, it hits home. We need to do what we can. There are no second thoughts. We move forward and we do it.”
    
Education is deemed by San Manuel Chairman James Ramos as crucial to individual development. So he took particular pride in the October 2004 opening of the Santos Manuel Student Union and Cross Cultural Center at California State University, San Bernardino.
    
The $18 million center, funded in part with $3 million from the tribe, was named after the tribal leader who in 1866 was driven out of the San Bernardino Mountains by a California militia, leading 30 members of the Yuhaviatam Clan of the Serrano Indians to the valley floor, where the San Manuel Reservation is now located.

Better Business

When Horizon Engineering Services was established 13 years ago in Tulsa, Oklahoma, the American Indian-owned civil engineering firm soon found a wealth of native clients in the emerging tribal government gambling industry.

“A lot of my initial success as a business person has been because of gaming,” says company President Margo Gray-Proctor, a citizen of the Osage Nation of Oklahoma. “Horizon Engineering has done, perhaps, 20 casinos, from the smallest to the resorts. We continue to do work on tribal casinos even today.”

Horizon’s project list also includes housing, hospitals and airports for tribal and non-Indian clients. Gray-Proctor expanded Horizon’s business umbrella to include drug screening and entertainment subsidiaries to meet the needs of the tribal gambling and resort industry.

U.S. Census figures show a 17.9 percent growth in American Indian-owned businesses from 2002 to 2007, an explosion of tribal entrepreneurialism that generates some $27 billion in combined sales. The figure roughly equals revenue from the nation’s 446 tribal casinos in 28 states.

Gaming Good for Native Business

While there is no empirical data to show a link between Native American business growth and the emergence of tribal gambling, tribal leaders and financial consultants believe the development of tribal casinos, many with hotels, are helping fuel a rise in native entrepreneurs.

“I would think gaming has probably had a tremendous role in the growth of native-owned businesses,” says Tracy Stanhoff, a member of the Prairie Band Potawatomi Nation of Kansas and owner of Ad Pro, an advertising and graphic design company based in Huntington Beach, California. About 30 percent of Ad Pro business is with American Indian clients.

It was the congressional intent of the Indian Gaming Regulatory Act of 1988 to strengthen tribal governments and grow diversified tribal economies. That goal has been at least partially achieved with the more than 227,000 American Indians and Alaska Natives who, according to a 2007 census report, are either self-employed or own businesses with employees.

A federal policy of tribal self-determination launched in the 1970s, a gradual strengthening of Indian self-governance and revenue from casino gambling has led to economic and social progress in Indian country.

But tribal leaders who hoped IGRA and the emerging tribal gambling, resort and tourism industry would fuel a return to the native economy and intertribal trade that existed before European settlement of North America are less than satisfied.

Many of the 565 Indian governments and Alaska native villages and corporations have policies and ordinances with native preference in hiring and contracting services. “I don’t know of any tribe in Oklahoma (a state with 39 federally recognized tribes) that doesn’t have tribal preference in hiring and contracting,” says Jess Green, a Chickasaw attorney.

The Cherokee Nation of Oklahoma, which has a well-established government and diversified economy, is heralded for its procurement policy, small business loan program and other efforts to encourage native entrepreneurialism.

“The Cherokee Tribe of Oklahoma is the gold standard in working with tribally owned businesses,” Gray-Protor says. “I have yet to find a better process—their bid process and their advocating for native-owned businesses. They want tribal members to grow their community.”

Better Buy

But the “buy Indian” concept—illustrated by tribal casino resorts and other tribal government business enterprises using tribal-owned vendors—has been slow to become a reality. Tribal leaders contend there have been too few tribal business partnerships and joint ventures involving native entrepreneurs and tribal government enterprises.

“Native partnerships are ideal, whether it involves small, tribally owned businesses or tribal government business enterprises. That’s always encouraged,” says Gray-Proctor, chairwoman for the National Center for American Indian Enterprise Development. “But it has to be the right fit. You just can’t do it because it needs to be done. It has to be the right opportunity.

“We are seeing those types of tribal partnerships. But is it occurring as often and as fast as we want it to? No. A 17 percent growth in tribal businesses is a great start. Is it enough? No.”

“I don’t think there’s enough native-to-native business,” agrees Stanhoff, head of the American Indian Chamber of Commerce of California, “but we’re making strides in doing more of that.”

The American Indian Business Network formed several years ago by the National Indian Gaming Association to foster tribal business partnerships and joint ventures has yet to deliver on its promises. Management of the network was recently placed in the hands of Jamie Fullmer, former chairman of the Yavapai Apache Nation and CEO of Blue Stone Strategy Group, a Phoenix, Arizona, tribal consulting firm.

“Our challenge is the concern that tribes aren’t using native-owned businesses,” Fullmer says. “That might not necessarily be because they don’t want to, but rather because there isn’t a national communication infrastructure by which tribes that want and need vendor services can connect to tribally owned and native-owned service providers or product producers.”

The Intertribal Agricultural Council (IAC) has failed in its effort to work with NIGA tribes on a cooperative agreement to sell beef, poultry and crops produced on reservation farms and ranches to tribal gambling resorts.

“It isn’t taking place,” says Nathan Notah, program manager for the IAC and a citizen of the Navajo Nation. “There are different tribal groups and individuals who are attempting to work together with gaming tribes, but so far it hasn’t happened.”

The market value of crops and food products produced on tribal lands in 2007 reached $2.2 billion, according to the U.S. Department of Agriculture. About $286.3 million came from ranches and farms owned by individual American Indians and Alaska Natives. Other reservation farms and ranches are operated by tribal governments or non-Indians. There were 79,703 native-owned farm and ranch operations in 2007, according to the Department of Agriculture, an increase of 88 percent from 2002.

“Most tribes are working with regional buyers and distributors for their products,” Notah says. “But as with any business you are always looking for new prospects. That’s what the gaming industry would be.”

Meanwhile, the National Indian Gaming Commission, the federal agency that oversees tribal casinos, is considering including a “buy Indian” provision as part of its ongoing review of NIGC regulations.

Tribal Partnerships

One of the most prominent gambling-related tribal partnerships is the 2005 union of the San Manuel Band of Mission Indians and Viejas Band of Kumeyaay Indians, both of Southern California, and the Oneida Nation and Forest County Potawatomi of Wisconsin in Four Fires LLC, developers of a Marriott Residence Inn Hotel in Washington, D.C. San Manuel, Viejas and Oneida later formed Three Fires LLC, developers of a second Marriott Residence Inn in Sacramento, California.

“It would be very much an understatement to describe Four Fires and Three Fires as merely two LLCs joining tribes and non-Indian corporations together in the development of hotels,” Viejas Chairman Anthony Pico said in 2005. “It was our hope that by creating a model for tribal partnerships in joint ventures Viejas could promote economic diversity and the growth of a nationwide tribal economy.”

The growth of a diversified nationwide tribal economy is slowly becoming a reality, in part because of the reinvestment of revenue from tribal casinos. But tribal partnerships similar to Four Fires and Three Fires remain elusive.

“I haven’t seen a tribal partnership constructed in that way since then,” says Bill Lomax, president of the Native American Finance Officers Association.

Indian communities with casinos have reached out to other tribes in economic development projects. The Yavapai Apaches under Fullmer’s leadership assisted four Indian tribes in financing and managing casinos. The Pequot Indian Nation, Mohegan Tribe and others have also assisted in financing of tribal casinos.

The Shakopee Mdewakanton Sioux Community, owners of the lucrative Mystic Lakes Casino in Prior Lake, Minnesota, has in the last 13 years contributed an astonishing $200 million to charities and Indian organizations, including grants of $1 million or more to several tribes for economic development projects.

“Our philosophy was that we wanted to help tribes get through difficult times or raise money to start or expand businesses,” Chairman Stanley Crooks of the Shakopee Sioux says of the tribe’s charitable giving to other Indian nations. “We didn’t want to do some joint venture and share in the profits, but we wanted to make it easier for them to get money they needed to do what they thought was right for their tribe, whether it’s economic development or job creation.”

Change Is Coming

It has been three or four decades since most tribes began rebuilding communities decimated by centuries of genocide, poverty and a failed system of federal government paternalism. Native financial experts note a disparity in the maturity of tribal governments, legal systems and economies that make intertribal partnerships difficult. Government gambling, they say, is only a partial solution.

“Given there had been several generations of poverty and failed government policies toward American Indians, it’s premature to take a 1988 decision like the Indian Gaming Regulatory Act and ask, ‘Is it working?’” says Mike Lettig, an executive with KeyBank’s Native American Financial Services. “A fair observation would be, ‘It’s a start.’”

Tribal government gambling has largely benefited a few, smaller tribes in urban areas of the country. In 2009 about 29 percent of the 446 tribal casinos generated 87 percent of the country’s tribal casino revenues, according to Alan Meister, an economist with Nathan Associates Inc. and author of the 2011 edition of the Indian Gaming Industry Report. Many large, remote tribes in the Midwest, Great Plains and Southwest remain locked in cyclical poverty.

“IGRA is one effort that has had a small impact on the great economic needs of Native America,” Lettig says. “The infrastructure needs of Native America today—water, sewer, roads, housing—have been estimated at between $50 billion and $60 billion. In terms of addressing the needs and issues in Pine Ridge and Rosebud, Hopi and San Carlos, the issues of inadequate housing and third-world conditions have not been rectified.”

“The economic viability and business logic behind tribal government gaming don’t fit every tribe. There’s an economic mismatch at this juncture,” Lettig continues. “Native America remains a third-world country in the world’s most prosperous nation. Over the next several years you will see strategic alliances. It just takes time.”

Indian communities need to separate tribal governance from business and economic development, Gray-Proctor says. She and Lomax also believe gaming tribes need to diversity economies that today are heavily dependent on casinos to generate government revenues.

“In terms of true diversification from a business and finance perspective, most tribes are not diversifying away from gaming, at least in a way I as a business person think that they should,” Lomax says.

“Tribes rightfully have been looking at the whole issue of economic development, trying to spur activity on their own reservations,” says Jacob Coin, executive of public affairs for the San Manuel Band of Serrano Mission Indians in San Bernardino County, California. “I would like to see tribes do more to use their governmental, sovereign powers to create a political and economic climate within their jurisdictions to stimulate the kind of individual entrepreneurialism and private-sector development that we desperately need.

“The Three Fires, Four Fires model is one whose day is here. Tribes should look at creating these kinds of alliances and partnerships and trying to work through the challenges of opening up their economic outreach beyond reservation boundaries. The whole world is our market. The whole world is our economy. We need to be a part of that.”

Setting the Stage

As the U.S. economy starts to improve and a different attitude takes hold in Washington, it’s time to review and look ahead on what NIGA has done and can continue to do during the next two years.

NIGA’s accomplishments over the past decade all work hand-in-hand. We couldn’t have done one without the other. They include successfully defending against legislative attacks on tribal sovereignty and the Indian Gaming Regulatory Act; building consensus among NIGA’s diverse member tribes and building coalitions with other organizations; and empowering tribal leaders and strengthening the voice of Indian Country.

IGRA. Protecting and preserving the integrity of the Indian Gaming Regulatory Act (IGRA) has been a crucial element of NIGA’s work over the past decade. Remember, IGRA is not our baby. The act imposes federal legal restrictions on the inherent authority of tribes to conduct gaming. However, Indian Country has learned to live with the act, and for more than 20 years we are making the act work for our communities.

In the past 10 years, NIGA faced legislative threats to amend IGRA in ways that would have attacked the integrity of the act. Some threats sought to grant Class III regulatory authority to the National Indian Gaming Commission (NIGC), in conflict with IGRA and hard-fought tribal-state compacts. Other attacks sought to add bureaucracy to the approval of management contracts, and to fix a problem with off-reservation gaming that didn’t need a legislative solution.
   
These challenges show the wide range of interests allayed against Indian gaming. These threats must be continually monitored and addressed when necessary.
   
For most of the past decade, the NIGC proposed a number of unworkable standards and regulations that threatened Class II gaming, and created great uncertainty in this area. Again, working with a strong coalition of our member tribes and others, we were able to fight back these misguided attacks.

Health Care Tax. In addition to protecting IGRA, we have consistently fought to preserve tribal sovereignty and the treatment of Indian tribes as governments in the area of federal taxation. We enjoyed a recent victory when President Barack Obama signed the Affordable Care Act into law in 2010. The act contains a provision that exempts tribal government-provided health insurance and health care services from the personal income of tribal members.
   
The United States has treaty and trust obligations to provide for the health care of all Native Americans. Sadly, the U.S. has too often not met that obligation, and our people suffer as a result. Some tribal governments refuse to wait on the federal government to step up, and have directly provided health insurance and health-care services to their citizens. Instead of working with these tribal governments, some federal officials sought to penalize them by taxing the health care benefits as personal income of tribal members.

Consensus and Coalition-Building. None of these successes could have happened without the ability to build consensus and coalitions. NIGA is made up of 184 diverse member tribes, of all shapes and sizes and needs. Our membership is our strength, and we are strongest when our voice is unified.
   
Consensus-building has always been a traditional process in Indian Country and one on which I personally rely. My father, Ernie, Tim Wapato and others have said that we must meet as often as necessary until we arrive at consensus, for the good of the community. In any one of the legislative challenges Indian Country has faced during my tenure, we could have splintered, and tribal sovereignty would have been compromised as a result.
   
However, NIGA’s membership has always united behind our core values of protecting tribal sovereignty—and maintaining the integrity of IGRA. These are two constants that bind all tribal leaders, and the base on which our success is built.
   
In addition, over the past decade, NIGA has built a strong working relationship with the National Congress of American Indians (NCAI) and other tribal organizations. Education and information is clearly the consistent basis for our ability to succeed in Congress and public forums. Working together, we are able to stretch the precious resources of all of our members to efficiently and effectively meet their goals and needs.

Empowering Indian Country. Finally, probably our greatest accomplishment is the empowerment of tribal leaders, and strengthening their voice before Congress. We’ve done this by passing on timely information to our tribal leaders, so they can weigh in with their congressional delegations.
   
In addition, to strengthen the contacts and to exercise the voices of NIGA’s member tribes, the association holds biannual Legislative Summits on Capitol Hill that bring senators, congressmen and high-ranking administrative officials together with tribal leaders to discuss proposed legislation and regulations that could affect Indian Country.
   
NIGA’s Annual Legislative Summits have become one of the premier venues for tribal leaders and federal policymakers to meet, discuss the latest issues, and educate new members of Congress. These summits have kept NIGA ahead of the game, when it comes to defending IGRA and tribal sovereignty. They are also coordinated with NCAI, NIEA and other organizations to make our common interests known in Congress in a fair and efficient manner.

Investing in the Future

With the establishment of gaming in Minnesota in the early 1990s, the Shakopee Mdewakanton Sioux Community (SMSC) had the good fortune to be the closest reservation to Minneapolis-St. Paul, and therefore opened the state’s most lucrative casino. Chairman Stanley Crooks explains how stable leadership in the tribe and a vision to aid the less fortunate in the community spurred a charitable and entrepreneurial program, in which the Shakopees invest in enterprises designed by other tribes, is unmatched in Indian Country today. Crooks spoke with Tribal Government Gaming Publisher Roger Gros from his offices in Shakopee in December.

What inspired the tribe to begin to give back to the community once the gaming revenues started to roll in?

Most of the members of our tribe, and certainly the leadership, went through some very tough times economically prior to gaming. We recognized groups that had helped us before gaming and we wanted to support them. We started modestly, sharing our extra revenues with them. I think in the first year, it was something like $3 million. Now our charitable donations reach more than $21 million a year.

Your community giving is deep and diverse. From health-care organizations and conservation to public broadcasting and boys & girls clubs and even public schools, the tribe is very generous. How do you make decisions about the organizations you support financially?

It comes from the vision of our council. We go to our membership and lay out our budget, which includes our donations and loan packages. They approve our plans, and we make those decisions. Our criteria are very generous when considering what organizations we’ll consider.

One of the most impressive roles SMSC plays is supporting other tribes that may not be as fortunate as them. What are some of the things you do to assist those other tribes?

Well, even though a tribe is successful or not doesn’t mean they can request a grant or a loan. It depends on the purpose. It’s usually economic development or job creation projects or one-time costs that are outside of their budgets.
   
We have a law firm that does due diligence for us and evaluates the plan before we go ahead and make the loan. If we determine that it’s a solid plan with a good chance for success, then we offer a reasonable interest rate and repayment terms.

Does it matter what the tribe’s circumstances are? Gaming or non-gaming? Remote location?

We step in when a tribe may have gone to a bank for a loan and gotten rejected. That bank might think the loan was too risky even though there’s an ability to repay the loan. When they make a proposal, we evaluate those, and look at it the same way as a bank. If we think that project will be successful and the tribe will be able to repay it, and benefit from it, we’ll be a little more flexible than a bank might be.
   
We’ll look at all aspects of revenues the tribe has, whether it’s timber, minerals, land leases or gaming revenue. Most of the loans are to tribes in the Great Plains area. We start with Minnesota tribes and then our regional tribes. We consider it nation-to-nation loans.
   
Our philosophy is that we want to help tribes get through difficult times or raise money to start or expand businesses. We don’t want to do some joint venture and share in their profits, but we wanted to make it easier for them to get the money they need to do what they think is right for their tribe, whether it’s economic development projects or job creation.

Economic diversification is an important part of any tribe’s economic plan. How does the SMSC reflect that?

Gaming under IGRA was always supposed to be a supplemental source of revenue, which the tribes could spend as they see fit, without any strings attached like you get with government grants or loans. IGRA envisioned that money going to health, education and welfare. But that also includes economic development projects.
   
Tribes that don’t have a big land base or a favorable location must look to diversification because gaming will sustain them for a period of time, but it might drop off at any time due to political whims or other issues.

Economic Sustainability

In February, I traveled to Tucson to meet with the leadership of the Casino Del Sol and its owners, the Pascua Yaqui tribe, for a story we’re doing in our Casino Design magazine, which comes out in June. In this feature, we’ll be trying to describe a tribe in the midst of a well-thought-out development.

And that got me to thinking about tribal development and exactly what could be described as “well-thought-out.”
   
While I was at Casino Del Sol, I had the opportunity to sit down with Chairman Peter Yucupicio and Vice Chairman Robert Valencia, who had previously been the chairman. Whenever I meet tribal leaders in such an informal setting, I sometimes ask them to describe the conditions in the tribal community before gaming was approved.
   
Invariably, I get stories of deprivation and hardships, and this time it was no different. Chairman Yucupicio told me that he could remember when electricity was introduced to his village, and Vice Chairman Valencia explained how scarce water was in those days. Since the Pascua Yaqui reservation is in the heart of the Sonora desert in southern Arizona, those problems go way beyond the “quality of life” issues that concern us today.    

Because I was a little Irish boy born in Brooklyn who grew up in the suburbs, it’s hard to imagine life like that. And because both Yucupicio and Valencia appear to be younger than me, it’s quite shocking to me that there were (and undoubtedly still are) tribes that were forced to live such a meager existence in my lifetime.

That’s why trying to evaluate a “well-thought-out” development opportunity in that context is so difficult.

For the Pascua Yaqui, it was just the way they live their lives. Even when gaming was approved and the first small casino opened, it didn’t immediately transform the community. Yes, it created revenue in amounts the tribe had never seen before. But tribal leaders directed that revenue to developing a community center, a fire house, police headquarters, clinics and programs designed to improve that quality of life that was finally being delivered to tribal members.

But to grow the tribal economy, a decision was made to invest in tourism, and to build a second, slightly larger casino and master-plan a resort that would become a destination resort in southern Arizona. And that’s just what they’ve done. You can read how it was accomplished in Casino Design, but other tribes didn’t always follow that step-by-step blueprint.

Some tribes believed that it was necessary to build quickly and boldly. Start with a temporary casino and immediately build a full-scale resort, with money borrowed from more-than-willing banks and other institutions. While in retrospect, those decisions may not have been wise, if the economy hadn’t cratered in 2007, those tribes may have become some of the most successful in Indian Country.

And those decisions shouldn’t be judged harshly because of the circumstances the tribes endured prior to gaming. When the money started rolling in, the tribes just wanted it to continue and increase for the welfare of the tribal members. It was almost inconceivable that the economy could go so wrong so quickly, so when it did, while it was unforeseen and unfortunate, it certainly was not done without the good of the tribal members in mind.

But now that the times have changed, the economy has shifted and expectations are lowered, tribes that want to expand need to consider the size and scope of such an expansion. Or even if it’s just a renovation, there needs to be some understanding of what will work in this new economic reality.    

And when doing those evaluations, tribes would be remiss not to consider economic diversification beyond gaming. Yes, it’s easier said than done, but there is help at the federal, state and even tribal levels.

So while tribal government casinos are the best story in the gaming industry, we all want to be able to sustain and grow the tribal economies in any way possible to preserve for the future all that our ancestors have struggled to provide us.