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Lael Echo-Hawk Crowell Law Office – Tribal Advocacy Group e.

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Presentation on theme: "Lael Echo-Hawk Crowell Law Office – Tribal Advocacy Group e."— Presentation transcript:

1 Lael Echo-Hawk Crowell Law Office – Tribal Advocacy Group e. laeleh@yahoo.com

2 Internet Gaming Carcieri “fix” NIGC

3 2006 - Unlawful Internet Gaming Enforcement Act of 2006 (UIGEA)– banned online gambling operators from accepting most forms of funds used by players to gamble on their websites. 2006-2011 Misc. Internet Gaming Bills introduced. Rep. Barney Frank is vocal Internet Gaming supporter. December 2010 – Sen. Harry Reid attempts to include online gaming bill to tax cut bill. March 17, 2011 – HR 1174 “Internet Gambling Regulation and Tax Enforcement Act” (Reps. Campbell & Rep. Frank

4 April 2011 – DOJ crackdown on online poker sites June 16, 2011 – HR 2230 “Internet Gambling Regulation and Tax Enforcement Act” (Reps. McDermott, Campbell & Frank) June 24, 2011 - HR 2366 “Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011” (Rep. Joe Barton) July 26, 2011 – Senate Committee on Indian Affairs Roundtable on the future of Internet Gaming: What’s at Stake for Tribes?

5 October 25, 2011 – House Energy & Commerce Committee Subcommittee on Commerce, Manufacturing & Trade Hearing “Internet Gaming: Is there a Safe Bet?” November 17, 2011 – Senate Committee on Indian Affairs Oversight Hearing on the future of Internet Gaming: What’s at online poker sites November 18, 2011 – House Energy & Commerce Committee Subcommittee on Commerce, Manufacturing & Trade “Hearing on Internet Gaming”

6 Senate Majority Leader Harry Reid (D-NV) Congressman Barney Frank (D-MA) Congressman Joe Barton (R-TX)

7 Congresswoman Mary Bono Mack (R-CA) Congressman John Campbell (R-CA) Congressman Jim McDermott (D-WA)

8 House of Representatives House Energy & Commerce Committee House Financial Service Committee House Ways & Means Committee House Committee on Appropriations Senate Committee on Appropriations Committee on Finance Committee on Banking, Housing & Urban Affairs Committee on Commerce, Science & Transportation

9 Effective regulation (Commerce or Treasury Departments) Consumer Protection Problem gambling & associated social costs Children gambling Data security requirements (Privacy) “Destination” v. “Convenience” gambling Effect on Brick & Mortar facilities Individual freedom Jobs Tax Revenues Tribal gaming

10 Nevada – Online gaming regulations – must be adopted by January 2012 Mobile betting New Jersey – Legislature passed an Internet gambling; vetoed by Governor in March 2011. 3 states have proposed online gaming legislation California, Florida, Iowa 7 states – expressly prohibit online gaming Washington, Oregon, Montana, South Dakota, Illinois, Indiana, Louisiana

11 I-GRA - Internet Gaming Regulatory Act Act based on IGRA model States as primary regulators Federal oversight via NIGC-type regulatory agency located in Commerce or Treasury. Timing? Soon Potential for tax revenue State pressure Gaming expansion generally

12 Carcieri requires the DOI to determine whether each tribe with a land into trust application was “under federal jurisdiction” in 1934. Obama 2012 Budget included “fix” language DOI supports a legislative fix NCAI and NIGA support legislative fix Tribes united? Congress concerns over “reservation shopping”

13 Regulatory Review Fees – Notice of Proposed Rulemaking Facility License Enforcement Appeals Self Regulation Pilot Program – Background Investigations Streamlined background investigations for certain entities Investigation Closure Letter - Notice of Proposed Rulemaking Class II MICS & Technical Standards Tribal Advisory Committee Class III? Agency Reorganization

14 Commission General Counsel Staff Attorneys Chief of Staff Enforcement Management contracts Assistant Secretary Deputy Assistant Secretary Policy Advisors Office of Indian Gaming Office of Solicitor Deputy Solicitor Staff Attorneys

15 Crowell Law Office – Tribal Advocacy Group e. laeleh@yahoo.com


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