Indian Gaming and COVID-19
By Jonodev O. Chaudhuri, partner at
Quarrels & Brady LLP and former
chairman of the National Indian Gaming
Commission; from Quarrels & Brady
LLP Indian Law and Policy Alert;
originally published April 15, 2020
The COVID-19 crisis has wreaked
havoc on the Indian Gaming industry as
Tribal nations have had to close 100% of
their gaming facilities across the United
States out of concerns for public health,
safety and welfare in the face of this
global pandemic.
Tribal governments are voluntarily
implementing these closures in coordi-
nation with state governors and through
Tribal government emergency declara-
tions. This effectively constitutes a shut-
ting down of the 12 th largest employer in
the country.
Prior to the COVID-19 crisis, Indian
Gaming constituted a $39.1 billion
industry with approximately 250 Tribal
governments across 29 states operating
520 gaming facilities—with the majority
of these operations serving as primary
employers and economic engines in rural
communities nationwide.
The various iterations of the CARES
Act provide billions in new funding for
medical research and public health pro-
grams to combat the spread of the virus,
relief in the form of paid sick, family and
medical leave, and free coronavirus testing.
The new law includes $10 billion of
support for Indian Country in emergency
appropriations, as well as grants, loans and
loan guarantees, for which Indian Tribes
and Tribally owned entities are eligible.
In some instances, funds will be avail-
able to assist Tribes struggling with the
ramifications from having to close their
gaming facilities.
In other instances, agencies imple-
menting certain provisions of the CARES
Act have interpreted the act in a manner
that excludes relief for the costs Indian
Gaming has endured during this crisis or
for the lost revenue Tribal nations have
taken on.
Without a tax base to generate govern-
mental revenue, Indian Tribal governments
must rely on their Tribal government-
owned enterprises, and in particular
Indian Gaming, to generate revenue to
fund essential government services to
Native communities across Indian Coun-
try in the form of health care, education,
public safety, housing and social services.
In fact, federal law mandates that Indian
Gaming revenues be used for government
purposes.
Because Indian Gaming, through
the auspices of IGRA, effectively subsi-
dizes the federal trust responsibility to
support Tribal self-determination and
Tribal economic development, the federal
government has a trust duty and obliga-
tion to address resulting loss of gaming
revenue in Indian Country as a result of
COVID-19.
The CARES Act is a good start, but
much work remains to be done to ensure
the continued stability of our Tribal
nations. Of course, the implementation
of the CARES Act continues to be shaped
daily, not only by the enactment of legisla-
tion by Congress, but also by the federal
agencies that interpret the laws Congress
enacts. The below, therefore, will inevita-
bly be updated as developments continue.
Article followed by FAQ, available at
https://www.quarles.com/publications/
indian-gaming-and-covid-19/.
AT-HOME
LEARNING SUPPORTS
Selected Resources to Keep Kids Healthy, Entertained, and Learning during School Closures
Follow the Links Below to Free Digital Resources:
Support and
Encouragement for
Native Youth
Daily Lessons and
Activities
Indigenous Lessons
Plans and Curriculum
Art and Science
Support and Encouragement for Native Youth
Native W ellness Institute:
Check out Power Hour—a daily livestream of encouragement,
humor, storytelling, and supportive messages from indigenous
elders, youth leaders, and teachers from across the nation
Think Indigenous:
Video lessons, encouragement, and support for Native kids from
Native teachers
Daily Lessons and Activities
Scholastic Learn at Home:
Large library of on-line lessons and activities now free during
school closure. Look for special daily interactive lessons
designed for students and families while schools are closed
PBS Emergency Closure Curriculum:
Video lessons and activities for students in all grades. Includes
daily video lessons and curriculum during school closure
Indigenous Lesson Plans and Curriculum
Native Knowledge 360⁰:
Large catalogue of lesson plans and resources for grades K-12
from the Smithsonian Institution
Siletz Tribal Language Project:
Dee-ni language and culture lessons for grades Pre K-8
Siletz Tribal Estuary Curriculum:
Sixth grade ecology curriculum focused on the importance of
estuaries and wetlands to the environment and Siletz people
Honoring Tribal Legacies:
Selected digital teaching resources and lessons plans for grades
K-12 from the University of Oregon
Art and Science
From the Northwest Portland Area Indian Health Board: We need you here, we need
you to stay healthy. These call-in and text lines have people answering who are highly
qualified to talk and provide the best recommendations for one’s mental health concerns.
• For Emotional Distress assistance, not related to suicidality, please call the Disaster
Distress Helpline at 1-800-985-5990 or text “Talkwithus” to 66746.
• For concerns with suicide, please call the Suicide Prevention Lifeline at 1-800-273-8255
• Text “TALK” to 741741 to connect with the Crisis Textline
• For Two Spirit LGBTQ+ crises call The Trevor Project at 1-866-488-7386, or text
START to 678678, or check out www.TheTrevorProject.org
• County Crisis Lines or 2-11 in some areas
• We R Native www.wernative.org
• National Suicide Prevention Lifeline Emotional Wellbeing During the COVID-19
Outbreak webpage: https://suicidepreventionlifeline.org/current-events/supporting-
your-emotional-well-being-during-the-covid-19-outbreak/
• CDC’s Managing Anxiety and Stress during COVID-19 webpage: https://www.
cdc.gov/coronavirus/2019-ncov/prepare/managing-stress-anxiety.html
12 •
Siletz News
•
May 2020
Mystery Science:
Video science lessons and activities designed for elementary
students, free during school shutdown
What’s Good in My Hood:
Workbook of outdoor-based nature lessons and observation
activities for K-5 students
Coloring Sheets from Native Artists and Organizations:
Alaska Native Artist Nasuġraq Rainey Hopson
Native W ellness Institute Coloring Book
Generation Indigenous
For Additional Resources and Support:
•
•
•
•
Visit your local school\school district’s website
Email your student’s teacher for log-in information for classroom learning tools
Check out the Siletz Community Health Facebook Page
Contact your local CTSI education specialist