Rep. Lou Correa of California has introduced a bill into the US House of Representatives that would, he says, “clarify” the Indian Gaming Regulatory Act’s (IGRA) definition of tribal lands as regards cyberspace.
In Correa’s HR 4308, cosponsored by Rep. John Katko of New York, internet gambling would be defined as “tribal” if operated through servers located on Native American lands. The bill, first reported on by Casino.org, was filed just one day prior to the filing of a lawsuit by Magic City Casino in Florida’s to stop the proposed Seminole Tribe compact, which would have the same intent as Correa’s bill.
The Seminole-Florida compact classifies all sports betting as “tribal,” as even the servers owned by private-sector casinos would be routed through Seminole-owned systems.
Calling the state’s interpretation of IGRA “bizarre,” the Orlando Sentinel opined, “If someone inside their Orlando home makes a bet on a football game, the state of Florida is saying that bet is really being made on a computer server in a faraway, air-conditioned office on Seminole Indian property somewhere.”
Added the Sentinel, “If the state’s thinking on this issue was consistent, it would tax online sales not based on where the consumer is, but where the Amazon, Walmart, or Etsy server is located.”
In remarks in the Congressional Record, Correa indirectly responded by saying, “I am introducing this bill to clarify the federal Indian Gaming Regulatory Act and make clear what the congressional drafters would have done in 1988 had the internet been around at time.” Furthermore, he contended, HR 4308 would “eliminate frivolous litigation” and does not authorize tribal igaming where it does not currently exist. Its intent, Correa continued, was to ensure Native American igaming and brick-and-mortar tribal casinos are on the same legal footing.
“As someone who has long lived in a state with more than 110 federally recognized tribal nations, I have seen firsthand how tribal-government gaming has benefitted the tribal nations, their citizens, the surrounding communities, and the state government,” Correa concluded by painting an apocalyptic scenario in which tribes not enabled to offer igaming go the way of Blockbuster Video rather than being “able to thrive and move forward like Netflix in the age of the internet.”
CDC Gaming called Rep. Correa’s office for further clarification, but was unable to reach him by press time. A similar bill was introduced in 2019, but never received a hearing.
