The gaming industry is an important economic backbone for many American Indian nations. The struggles of the Poarch Band of Creek Indians in Alabama suggest why it is also a matter of contested sovereignty and self-determination.
The Poarch Band of Creek Indians are descendants of the Creek nation, once habiting most of Alabama and Georgia. Unlike many of their Eastern counterparts, they were never moved out of their homeland. They are also the only federally recognized tribe living in Alabama, gaining the status in 1984, soon followed by trust lands enabling a success story with a thriving gaming enterprise. The tribe hosts three gaming facilities on their trust lands, employing hundreds and looking for to expand beyond state lines.
All well then? Not quite.
Since a Supreme Court ruling in 2009, tribes that gained federal recognition after the Indian Reorganization Act of 1934 (IRA) have found themselves in a grey zone. The IRA determines the governmental process of taking land into trust for federally recognized tribes. In Carcieri v. Salazar, the Supreme Court ruled that the IRA only applies to tribes that were federally recognized at the time of the Act.
Like many other states, Alabama has already tried to use the ruling in their favor to block the gaming business of the Poarch Band Creeks. Indeed, the state is questioning the actual validity of the tribe’s federal recognition as well their trust lands. The federal courts have thus far sided with the tribe. In addition, many members of the U.S. Congress have proposed fixes (one pending) that would clarify the law once and for all. However, only tribe-specific bills have been passed as the stakes for the states are high.
Why does it matter then?
For the tribes, such as the Poarch Band of Creek Indians, tribal gaming on trust lands is a question of economic independence and self-sufficiency. Even if the gaming wouldn’t be a lucrative business, it employs members and finances many programs that strengthen the community. Trust lands allow tribes to enact laws and conduct business based on their own cultural values and terms, so it’s never just about business. It’s about sovereignty.
From the vantage point of many state governments, gaming poses a moral question with risks such as crime and social problems related to gaming. The states also lose tax revenues as their taxation is limited on trust lands. However, they do often get various payments through the compacts that are negotiated for Class III (casino) gaming. This is also a continued battle between the states and federal government regarding Indian affairs.
For its part, the federal government wants to see self-sufficient tribes that have a strong basis for economic development. Treaty-based federal funding has always been lacking, and many tribes face severe social and economic challenges. Tribal gaming has had a positive impact on tribal sovereignty and wellbeing.
Conclusion
Tribal gaming isn’t a mere question of a right to do business. It intertwines with a larger question of the right and ability of tribes to act as sovereign nations. And it therefore reflects the complex, never-ending battle between the American family of governments: federal, tribal, and state. While gaming has been an American Indian success story, the United States Supreme Court ruling in Carcieri poses a severe threat to the future of many Native nations.
Sources:
Meister, Alan P, Rand, Kathryn R. L. & Light, Steven Andrew 2009. Indian Gaming And Beyond: Tribal Economic Development and Diversification. South Dakota Law Review, vol. 54, no 3.
Miller, Mark Edwin 2013. Claiming Tribal Identity: The Five Tribes and the Politics of Federal Acknowledgement. Universitty of Oklahoma Press, Norman.
http://floridapolitics.com/archives/201966-poarch-indians
http://lagniappemobile.com/poarch-band-creek-indians-continue-efforts-clarify-tribal-status/
http://pci-nsn.gov/wmlib/pdf/kits/tribal_history.pdf
http://pci-nsn.gov/westminster/index.html
https://windcreekhospitality.com/About/History
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http://www.al.com/news/index.ssf/2015/02/poarch_indians_to_florida_let.html
http://www.al.com/news/index.ssf/2014/12/poarch_creek_indians_evaluatin.html