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CTBA Political eBrief Monday, February 8, 2016

“They don’t like the fact that there would be this sovereign land right in their backyard that would not be subject to all the same rules — taxation and other things that they are — they think that’s unfair and maybe it is. But the reality is that the Lyttons almost certainly qualify for trust status, based on everything we know.” California Representative Jared Huffman said of his bill that would create a homeland for the Lytton tribe adjacent to Windsor, in The Press Democrat --- “The court held that any agreement that rejects the application of federal law can’t be enforced. At the margin, this decision may actually reduce Indian tribes’ sovereignty. Whether it will help protect consumers from predatory lenders will depend on how other courts cite it.” Noah Feldman on a federal ruling of Hayes v. Delbert, which addresses tribal payday lending and arbitration rights of borrowers, in Bloomberg View

Seminole Tribal Leaders recently deployed dozens of employees of the Seminole Hard Rock Casino in Tampa to Tallahassee in an attempt to convince Florida lawmakers of the benefits of the new compact negotiated by Governor Rick Scott and the tribe


Huffman Adds New Barriers To Casino In Lytton Bill (CA – Tribal Gaming)

The Press Democrat (February 7, 2016) A congressional bill that provides protection against the prospect of another Indian casino in Sonoma County could be on its way to a vote on the floor of the House of Representatives, after its author expanded the prohibition on gaming.

Opinion: Indian Gaming Grants Need To Be Restored (CA – Tribal Grants)

The Porterville Recorder (February 6, 2016) There were a couple of reasons the state included with its compact allowing Native American tribes to operate casinos a provision to support local agencies. The first was to cover impacts a casino may have on agencies, such as more traffic on roads, or demands on services. The second was to offset a perceived loss in local sales tax revenues because people would be spending money on gambling rather than on purchases.

New Tribal Officers Elected At Fort Independence Paiute Tribe (CA – Tribal Elections)

Sierra Wave Media (February 6, 2016) A set of candidates campaigning on a platform of open communication and government transparency was voted into office at the Fort Independence Paiute Tribe.

Casino Workers Utilized For Gambling Compact Approval (FL – State Compacts)

World Casino News (February 7, 2016) Efforts to convince Florida lawmakers the benefits of the compact negotiated by Governor Rick Scott and the Seminole Tribe outweigh the downsides were in full swing this weekend as tribal leaders deployed dozens of employees of the Seminole Hard Rock Casino in Tampa to Tallahassee in an attempt to get the deal ratified by the Legislature.

Gambling Bills Likely To Spark High-Stakes Debates (FL – State Compacts)

Highlands Today (February 7, 2016) House and Senate leaders will roll out gambling bills Friday that would allow the Seminole Tribe to add craps and roulette at its casinos, potentially do away with dog racing and most horse racing and open the door for slot machines in Palm Beach County.

Rhode Island AG Says Fantasy Sports Is Legal But Should Be Regulated (RI – Fantasy Sports)

National Law Review (February 5, 2016) Attorney General Peter F. Kilmartin has found that daily fantasy sports are currently legal under Rhode Island law. Kilmartin also strongly advised the Legislature to establish regulations to protect Rhode Island players.

Virginia Warming Up To Legal Daily Fantasy Sports (VA – Fantasy Sports)

Casino.org (February 7, 2016) Virginia, there really is legal daily fantasy sports (DFS) and it could be coming your way soon. And if legalization for the popular pastime does happen, you’ll be the very first US state to do so.

Bill Would Classify Fantasy Contests As 'Not Gambling' (NE – Fantasy Sports)

101.1 Now (February 8, 2016) Fantasy contests like fantasy football or baseball - are they gambling or a skill? Senator Tyson Larson introduced a bill that would classify fantasy contests as not gambling, specifically for those playing daily online fantasy sports.

FanDuel, DraftKings Stung As Citigroup Blocks New Yorkers (NY – Fantasy Sports)

Daily News (February 6, 2016) Fantasy sports sites FanDuel Inc. and DraftKings Inc., already facing mounting legal and regulatory scrutiny, ran into more trouble when Citigroup Inc. said it was blocking transactions by New York state residents.

Sports Betting Could Be Coming To State Near You (MI – Fantasy Sports)

Sun Herald (February 6, 2016) American Gaming Association estimates $4.2 billion will be wagered in the U.S. on the matchup between the Denver Broncos and Carolina. A survey the AGA released last week shows 80 percent of Super Bowl viewers want changes to sports-betting laws, and 65 percent think states should decide whether to legalize sports betting.

Fantasy Becomes Reality: DraftKings Arrives In The UK (Int. – Fantasy Sports)

World Casino News (February 6, 2016) On Friday, daily fantasy sport enthusiasts joined the estimated 8.5 million season-long fantasy football fans in the United Kingdom as the world’s leading daily fantasy sports platform, DraftKings, announced its official launch into the U.K. market.

Montana Tribe’s Water Deal Clears Major Senate Milestone (MT – Water Rights)

High Country News (February 5, 2016) Seven years ago, Montana legislators approved a water compact with the Blackfeet that was decades in the making. But it took until this week for a Senate committee to approve a bill that could make that deal a reality for the tribe, whose reservation is next to Glacier National Park.

Beyond Flint, Michigan: Mainstreaming The Navajo Water Crisis (NM – Water Rights)

Truth-Out.org (February 6, 2016) The history of uranium mining on Navajo (Diné) land is forever intertwined with the history of the military industrial complex. In 2002, the American Journal of Public Health ran an article entitled, "The History of Uranium Mining and the Navajo People."

Opinion: Tribes Don't Get A Pass On Federal Law On Payday Lending (NY – Tribal Sovereignty)

Bloomberg View (February 5, 2016) Can a payday lender’s contract require all borrowers’ disputes be subject to an arbitration process in which decisions are exempt from federal law? In a decision announced this week with potential consequences for millions of contracts signed every day, the U.S. Court of Appeals for the 4th Circuit has said no.