Indian Casino Lands Guide

Tribal Casino Lands in the United States

Twenty-nine American states have so far signed Compacts allowing gaming on tribal lands, which have proven massive revenue generators. FY2019 gross gaming revenue alone topped $34.6 billion, representing over 40% of total US casino gaming revenue, including commercial casinos.

California, Oklahoma, and Washington State lead all states in the number of tribal gaming Compacts. According to the California Gambling Control Commission, the state has 75 tribal gaming Compacts, of which 63 federally recognized tribes operate 66 tribal casinos on Native lands. The National Indian Gaming Commission (NIGC) reported combined FY2020, California & Northern Nevada tribal gaming revenue of $8.4 billion.

The Oklahoma Gaming Compliance Unit Annual Report listed 33 federally recognized tribal casinos, the second-largest of any state, generating $2.74 billion in revenue for FY2021. It’s followed by Washington State, which signed Compacts with 29 federally recognized tribes. These have generated $2.738 billion in FY2019 revenue, as per the Washington State Gambling Commission Annual Report.

Tribal Lands influence on Gaming

Since the Indian Gaming Regulatory Act was enacted in 1998, tribal establishments’ fortunes have helped shape the gambling industry in the United States, federally and state-side, through donations and lobbying. They have supported legislation to impede the progress of Internet gaming.

While most states cooperated amicably with Native gaming operators, not all relationships have historically been frictionless. Individual Native tribes have not been shy to litigate to protect their turf. For example, in late 2021, the Seminole Tribe in Florida (first to build a tribal casino in 1979) asked for but was denied an injunction on a proposal that would allow Floridians to decide whether to allow pari-mutuel operators to offer casino-style games. A few months earlier, the Yavapai Prescott Indian Tribe in Arizona attempted to stop the state from introducing sports betting.

The powers of tribal land casinos have also been a point of contention for commercial gambling operators. It has meant that Native tribes have also been on the receiving end of litigation. For example, In January 2022, Maverick Gaming challenged tribal casinos’ exclusive right to offer sports betting in Washington State.

How Tribal Gaming has Benefited Indian Reserves

Tribal gambling revenue has invigorated most of the 245 federally-recognized tribes offering gaming, promoting economic development and government self-sufficiency.

Revenue from tribal gaming has helped create jobs, fund charities, and social services, like healthcare, education & scholarships, substance abuse programs, and tribal courts & law enforcement. Money has also gone into infrastructure investments, including sewers & waterways, new roads, and buildings.

States have also benefited directly by collecting a percentage of tribal casino profits and indirectly from the ripple effect on tourism and other supporting industries.

Three Largest Tribal Casinos in The United States

Foxwoods Resort Casino

(Foxwood Resort Casino – Image courtesy of Wikipedia)

Foxwood Resort Casino was one of the original casino resorts opened outside Atlantic City and Las Vegas when established in 1992. The Mashantucket, Connecticut, resort casino has drawn more than 330 million visitors from all across the United States to its 344,000 square feet of gaming. As one of the largest resort casinos in North America, the property offers 7,200+ slots, 380+ table games, sports betting, bingo, poker, racebook, and keno. It is owned and operated by the Mashantucket Pequot Tribal Nation on one of the oldest reservations in North America.

Mohegan Sun Resort & Casino

(Mohegan Sun Resort & Casino – Image courtesy of Wikipedia)

Mohegan Sun Resort & Casino was opened in Uncasville, Connecticut, in 1996 by the  Mohegan Tribe. The location offers 364,000+ square feet of gaming (second-largest in the country), including 5,000 slot machines, 300 table games, a racebook, poker, poker room, and a racebook. Additionally, the resort offers retail shopping, spas, 1,563 rooms, and over 45 restaurants, lounges, and bars.

WinStar World Casino and Resort

(WinStar World Casino & Resort – Image courtesy of Wikipedia)

In 2003, the 370,000 square feet WinStar World Casino and Resort opened in Thackerville, Oklahoma, another of the largest US gaming facilities. It is owned and operated by the Chickasaw Nation, the 13^th biggest tribe in the United States. Attractions include 100 table games, 8,600 electronic games, off-track betting, and 55 poker room tables which have drawn North Texans because of its proximity (one hour) to Dallas-Fort Worth.

History of Indian Tribal Casinos

American Indian tribes were once considered independent nations by the US federal government. However, it meant having to hammer out treaties and policy agreements, proving inconvenient as people pushed westward and a unified America was on the rise. The Indian Appropriations Act of 1871 would put an end to future treaties.

Instead, tribal nations in the United States are recognized as domestic-dependent nations, more commonly known as Indian reservations. Hence, tribal nations are considered autonomous administrative divisions with a level of self-autonomy. Still, the relationship between the federal state and Indian reservations falls under US Federal Government laws. Therefore, individual states do not have the legal authority to interfere with Indian sovereignty, including Indian gaming. All individual states attempting to challenge tribal sovereignty have failed.

Supreme Court Law has interpreted US Constitutional provisions accordingly:

1. State location does not grant tribal authority on native land
2. The US Congress is the governing authority relating to Indian Tribes
3. the US federal government is duty-bound to protect tribes through legislation and executive authorities. (Seminole Nation v. the United States, 1942)

Federally Recognized Tribes

The US Department of the Interior (Indian Affairs) defines Native Indian or Alaska Native Tribes as federally recognized with inherent rights (and obligations) to self-govern. It entitles the 574 federally recognized tribes to services, benefits, and protection from the Bureau of Indian Affairs.

(Map courtesy of the National Indian Gaming Commission)

Federal Indian Reservation

An Indian reservation is land reserved for tribes under a treaty or other agreement, including land held federally in trust on a tribe’s behalf. Approximately 56.2 million acres of US land is held in trust, the largest being the 16 million-acre (Utah, New Mexico, and Arizona) Navajo Nation Reservation. Income from tribal lands held in trust is not subject to federal income taxes. Furthermore, state income taxes on income and sales taxes by Indians on federal Indian reservations are nil.

Florida v. Butterworth (1981)

Arguably, the first movement towards modern gaming laws was triggered by the Seminole Tribe of Florida v. Butterworth ruling in 1981. It confirmed that the state of Florida did not have authority over high-stakes bingo on reservation land, even if the activity ran contrary to state law. The verdict led to the United States’ first high-stakes bingo parlor despite challenges from the county sheriff.

California v. Cabazon Band of Mission Indians (1987)

In 1986, California State sought to close down poker games and high-stakes bingo on reservation land belonging to two Cahuilla Indian tribes in Riverside County, California. Officials argued before the Supreme Court that these games violated California law.

The Supreme Court ruled in favor of the Cabazon Band of Mission Indians, agreeing that powers to regulate gaming on tribal lands did not belong to the state. The California v. Cabazon Band of Mission Indians ruling effectively gave Indian tribes greater sovereignty from state laws attempting to control gaming on tribal lands. The declaration encouraged other native tribes to follow suit, leading to the Indian Gaming Regulatory Act (IGRA) in 1988.

The Indian Gaming Regulatory Act (IGRA) (1988)

The Indian Gaming Regulatory Act (IGRA) was signed by Pres. Reagan into law, regulating tribal games that same year, after the California v. Cabazon Band of Mission Indians ruling. Native tribes and states would now need to enter into Compacts to offer Class III gaming. Tribal-State Compacts outline permitted gaming, state regulating fees, criminal & civil jurisdiction, breach of Compact remedies, and operating standards.

The first gaming Compacts were signed on April 2, 1990, with 6 Minnesota tribes and one Nevada tribe, and many followed. The Jamestown S’Klallam Tribe in Washington was the latest signing on December 28, 2021.

Interestingly, IGRA also permits native tribes to operate gaming activities on reservations in other states. In other words, a federally recognized Indian tribe is not bound by its territorial borders. The Act introduced three classes of gaming with distinct regulatory frameworks.

Class I Gaming

Class I gaming consists of traditional native social games enjoyed for minimal value or as part of traditional celebrations or ceremonies.

Class II Gaming

Class II gaming includes pull tabs, lotteries, tip jars, bingo, particular card games, and punchboards, explicitly authorized on tribal lands. All electronic games are excluded from Class II gaming establishments. Each tribal reservation is responsible for regulating games, overseen by the National Indian Gaming Commission (NIGC).

Class III Gaming

The NIGC oversees and regulates Class III Gaming. Class III (Nevada-style) gaming requires a Compact between the state and federally recognized tribe – regulated by the federal government. Possible activities include casino games, horseracing, off-track betting, pari-mutuel wagering, house-banked card games, machine gaming, sports betting, and keno.

National Indian Gaming Commission

When IGRA passed in 1988, it also created The National Indian Gaming Commission. IGRA is federally responsible for regulating, monitoring, enforcing, promoting, and supporting robust tribal governments and economic development through gaming. It consists of a Chair and two Associate Commissioners for three total members. At least two of these commission members must be federally recognized tribe members. Furthermore, they may not all be of the same political party.

IGRA also requires that net gaming revenue from operations benefit tribal members through:

• Funding for tribal government programs or operations
• Facilitate the general welfare of Indian tribe members
• Encourage tribal economic development
• Donations to charitable organizations
• Funding of local government agencies operations.

Other Notable Tribal Casinos in the USA

Yaamava Resort Casino

(Yaamava Resort Casino – Image courtesy of Forbes)

Opening as a bingo hall in 1986, the Yaamava Resort Casino (formerly known as San Manuel Casino) has went through numerous changes and expansions including a construction of a new casino hotel which opened in 2021. Containing 6,500 slot machines, 135 table games, 38 poker tables, 5 high limit rooms, and a 121,300 square foot gaming floor amongst many other amenities, Yaamava Resort Casino is the biggest in California.

Red Hawk Casino

(Red Hawk Casino – Image courtesy of Cumming Group)

Owned by the Shingle Springs Band of Miwok Indians, the Red Hawk Casino first opened in December of 2008, it features 75 table games, a poker room and high limit gaming area alongside 2,500 slot machines. A 150-room hotel recently opened and other amenities are planned for the facility too.

Thunder Valley Casino Resort

(Thunder Valley Casino Resort – Image courtesy of TripAdvisor)

Thunder Valley Casino Resort is a 275,000 square foot facility first opened in June of 2003 and operated by the United Auburn Indian Community. The casino has over 3,000 slot and video machines, 125 table games, and live poker rooms amongst other amenities throughout the casino.

Seminole Hard Rock Hotel & Casino

(Seminole Hard Rock Hotel, Image courtesy of SeminoleHardRockHollywood)

Opening in 2004, the Seminole Hard Rock Hotel & Casino Tampa is a 140,000 square foot casino features a large number of slot machines, poker rooms, table games, and many other amenities too. It is owned and operated by the Seminole Tribe of Florida and first opened in 2004, and has become well known for its hotel tower designed similarly to a guitar.

Hollywood Casino Columbus

(Hollywood Casino Columbus, Image courtesy of Wikipedia)

Hollywood Casino Columbus first opened in October of 2012, it is owned by Gaming & Leisure Properties and operated by Penn Entertainment. The 160,000 square foot casino offers many slot machines, table games, poker rooms, and other regular casino amenities too.

Emerald Queen Casino

(Image courtesy of Emerald Queen)

The is owned and operated by the Puyallup Tribe of Indians who also owned a number of other facilities, the Emerald Queen Casino Tacoma is a 310,000 square foot facility with a 111,000 square foot gaming floor, offering players slot machines, poker rooms, table games, and many other forms of casino entertainment too.

Tribal Casino Lands in Canada

The Canadian Criminal Code of 1892 banned gambling, describing it as an offense against morals, religion, and public convenience. However, the ban was short-lived, at least for charitable raffles and bingo. It was not until 1969 that the Federal Government amended the Code to allow federal and provincial lotteries.

As Canadian attitudes towards gambling continued to soften, pressure increased from gambling corners to soften the Federal Government’s hard-line stance. It decided to transfer gaming authority to the provinces through an amendment to the Canada Criminal Code In 1985. Through decentralization, responsibility for gaming was shifted to the provinces and territories. Interestingly, the prohibition on dice games was only removed in 1998.

The transfer of powers gave provinces the tremendous powers to control land-based casinos, which irked First Nations. They were concerned with the meager share of profits they would be allowed to keep and being locked out of off-reservation, big-city markets. Meanwhile, gambling has proven to be a cash cow for provinces, often competing with casinos on tribal land.

R. v. Pamajewon (1996)

As some provinces began licensing casinos, Canada’s First Nations used California v. Cabazon Band of Mission Indians’ sovereignty ruling to justify opening gambling establishments without provincial permission.

Eagle Lake First Nation in Dryden, Ontario, voted to authorize gaming on their reserve in 1985. It was similar to a vote by the Shawanaga First Nations, north of Parry Sound, Ontario. Ontario’s Crown Corporation, the Ontario Lottery Gaming (OLG), responsible for gambling in the province, warned that a gaming license was required, resulting in charges. The Ontario Provincial Court sided with the OLG, later upheld in the Ontario Court of Appeal.

First Nations argued before the Supreme Court (R. v. Pamajewon) that the Canadian Constitution guaranteed First Nations’ right to self-government. However, the Supreme Court also disagreed, arguing that high-stakes gaming was not part of the intent.

Provincial Regulatory Models

Saskatchewan and Manitoba adopted Crown Corporation models to manage and conduct gaming, including First Nation casinos. On the other hand, Ontario adopted a hybrid model, which meant a provincial-private sector partnership structure. While Ontario owns and controls all land-based casinos, the private sector is responsible for the day-to-day operations.

First Nation Casinos in Canada

Like the US, the availability of tribal casino lands depends on the country region (province or territory). Of the dozens of land-based casinos in Canada, c. 18 are operated by First Nations. Five of these are located in Alberta, seven in Saskatchewan, three in Ontario, two in Manitoba, and one in British Columbia. These are the results of negotiations with the respective provinces. No First Nations land-based casinos are located in Canada’s second-most populous province of Quebec or the four Atlantic provinces. However, Quebec does have two poker rooms located in the Mohawk Territory of Kahnawake near Montreal.

First Nation casinos must generally be located on reserves, except Saskatchewan and Manitoba, where some have been permitted to establish satellite reserves in urban locations. However, for the most part, First Nations casino locations are outside major metropolitan markets like Montreal, Vancouver, Quebec City, and Halifax. The provinces have established commissions to decide casino licenses based on non-competing sites.

Traditionally, provincial governments have treated casinos as cash cows siphoning much of the profits from First Nation casinos using different formulas. Each province imposes decisions like the number of casino games, the type of games, legal age, and the house take for each. These unfavorable conditions may partially explain why the number of tribal casinos in the United States (who get to keep most of their profit) outstrip Canada by a wide margin.

British Columbia

All gambling, including casinos, in British Columbia, is regulated Gaming Policy and Enforcement Branch (GPEB). British Columbia is Canada’s western-most province and home to just one first nation casino opened in 2002. St. Eugene Casino of The Rockies is a casino (and golf) resort hosted by the Ktunaxa Nation in the mountains near Cranbrook, far from urban centers. One finds roulette, poker, blackjack table games, and 210 slot machines among the games offered.

In 2019, the BC government and First Nations Gaming Commission announced a historic agreement, agreeing on a long-term revenue-sharing deal. The Gaming Control Act was signed into law on September 16, 2020, locking the province into a $3 billion rev-share agreement spanning 23 years.

Alberta

Alberta has five licensed First Nation casinos on reserve land, which opened between 2006 and 2008. First Nation ‘hosts’ must use gaming revenue to fund religious and charitable programs. The money is then directed towards education, culture, healthcare, training, housing, and infrastructure.

The Grey Eagle Resort & Casino, run by the Tsuut’ina First Nation, is the only location within a major urban center (Calgary). The others are located north of Calgary or Edmonton. Gaming in the province is overseen by The Alberta Gaming Liquor And Cannabis Commission (AGLC). It permits tribal casinos to offer table games (blackjack, roulette, baccarat, etc.), VLTs, slot machines, off-track betting, casino poker rooms.

The province uses a complex formula to divide gaming revenue, with the Alberta Lottery Fund taking 30%, viewed by some as a cash grab.

Saskatchewan

In Saskatchewan, seven First Nations and two commercial casinos (operated by a provincial crown corporation) are regulated by the Saskatchewan Liquor Gaming Authority (SLGA). The Saskatchewan Indian Gaming Authority (SIGA) operates Saskatchewan First Nation casinos created by the Federation of Sovereign Indigenous Nations (FSIN) in 1995. For FY2020-2021, they generated $85.7m in gaming revenue, of which the province takes 25%.

Saskatchewan tribal land casinos offer hundreds of slot machines, blackjack, Hold’em poker, roulette, and other table games. This is in addition to a terrific dining experience and entertainment events.

Manitoba

in 1984, the Manitoba Lotteries Foundation took responsibility for casino operations and the distribution of lottery tickets & bingo paper. The Manitoba Liquor & Lotteries replaced the Manitoba Lotteries Foundation after the Liquor And Gaming Control Act received royal assent.

It wasn’t until 2002 that the Opaskwayak Cree Nation opened the first Manitoba casino, Aseneskak Casino, on reserve land. South Beach Casino followed in May 2005, situated on the Brokenhead Ojibway Nation Reserve, just north of Winnipeg. These are the only First Nation casinos currently operating in Manitoba – none in the lucrative provincial capital, causing friction with Manitoba Chiefs. As late as 2019, The Assembly of Manitoba Chiefs sued for the right to open a First Nations-owned casino in Winnipeg.

Ontario

The province of Ontario has three First Nation casinos, appearing between 1994 and 1997. The most famous is Casino Rama, hosted by the Chippewas of Rama. They were the first Nations casino in the province, located 90 minutes north of Toronto, offering 49 table games and 1,780+ slot machines.

(Image of Casino Rama – courtesy of Wikipedia)

The Ontario Lottery Gaming Corporation (OLGC) regulates all gambling in the province. The regulator emphasizes revenue-sharing, disbursing 1.7% of gross gaming revenue from all gaming, including commercial casinos, to 132 Ontario First Nations that were part of the agreement. In FY2019-2020, this revenue amounted to $152 million.