Economic Impact of the OTOE-MISSOURIA TRIBE of Oklahoma

Home , Arapaho, Big Blue River (Kansas), Cheyenne, Missouria, Otoe, Ponca

Jonathan B. Taylor

JULY 2019 The Otoe-Missouria Tribe of Indians (“Otoe-Missouria Tribe,” “Otoe-Missouria,” “Tribe”) funded this study under a contract with the Taylor Policy Group, Inc. The views expressed in this document are those of the author and do not necessarily reflect those of the institutions with which he is affiliated. Unless otherwise indicated, Otoe-Missouria provided the material herein.

Design by Amy Besaw Medford.

This work is licensed under the Creative Commons Attribution 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/ or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA.

2019

The Taylor Policy Group

Otoe-Missouria Tribe Taylor Policy Group, Inc. 8151 Highway US-177 1070 Iyannough Rd., Ste. 315 Red Rock, OK 74651 Hyannis, MA 02601

ii Taylor 2019 Findings in Brief

The Otoe-Missouria Tribe produces public goods and services for its citizens. It is investing in a diversified economy, teaching children, providing clean water, and building housing. Its work improving the lives of Otoe-Missouria Indians directly benefits the people of Oklahoma, too. jobs

In 2017, Otoe-Missouria paid The Tribe’s total employment At the 7 Clans Casinos, tribal more than $45 million in compen- ranks it third in Kay and Noble members are employed through- sation to nearly 992 Indian and Counties, and the majority of its out operations. All the senior non-Indian employees across Oklahoma and Kansas payroll management is Otoe-Missouria government, casino, lending, and was paid in zip codes below those with the exception of a Muskogee other enterprises. states’ median. (Creek) CEO. growth

Otoe-Missouria’s biggest busi- Otoe-Missouria’s annual total Income per person reported by nesses are exporters: 99 percent of contribution to the Oklahoma and American Indians in the Otoe- lending revenue and 67 percent of Kansas economies is $156 million Missouria OTSA grew 86% from the casino revenue is from outside dollars (measured in value added) 1989 through 2017, far outpacing Oklahoma; 65 percent of casino and 1,705 jobs, the vast majority income growth for all people in the payroll was paid to Oklahomans. of which takes place in Oklahoma. US (9%) and Oklahoma (12.5%). investment

A tribal assistance program The Tribe built a $4.4 million The Tribe supports career-fo- recently helped 19 tribal families water treatment plant, tripling cused training for Native and transition from renting to owning capacity and securing adequate non-Native students at the their homes. Another program water quality and quantity for Pioneer Technology Center in helps eligible buyers cover down all residents in Otoe-Missouria Ponca City and supplements payment or closing costs. Housing and the Frontier School. federal college scholarships. benefits

The Tribe pays Oklahoma an On top of that, Otoe-Missouria The combined $7.7 million “exclusivity fee” ($1.98M in 2017) economic activity generated Oklahoma fiscal benefit compares and an oversight assessment of more than $5.7 million in sales, in size with the sales tax exemp- $35,000 annually to reimburse income, and social insurance tax tions for rural electric coops and for the activities of the Gaming revenue for Oklahoma state and churches, but the Tribe received Compliance Unit. local governments. no abatement, exemption, or other tax expenditure to produce it.

Otoe-Missouria Impact iii CONTENTS

Findings in Brief...... iii

Sovereignty & Economic Impact...... 1

Government...... 7

Enterprise...... 11

Economic Impact...... 14

Fiscal Impacts...... 16

Net Benefits...... 19

Conclusion...... 21

About Jonathan Taylor, Appendix, Notes Acknowledgment...... 22

References...... 23

iv Taylor 2019 Sovereignty & Economic Impact

The Otoe-Missouria Tribe’s enduring nature as a government determines its economic impact on Oklahoma today. Though they pre-date Oklahoma statehood, the essential attributes of Otoe-Missouria self-government—especially responsibility to its people and authority to make policy and regulate activity—give it the incentive and capacity to cause economic growth. For the better part of half a century, if not longer, public-spirited and farsighted Otoe-Missouria leaders have put in place the laws, institutions, companies, and people to make economic growth happen. The resulting growth benefits Otoe-Missouria citizens and citizens of the State of Oklahoma—as will be shown in this report.

Otoe-Missouria Impact 1 BRIEF HISTORY

Otoe and Missouria oral histories begin in the region north of the Great Lakes. By around 1680, Europeans recorded the tribes in distinct areas of the mid-continent.1 Subsequent warfare, smallpox, cholera, and settler encroachment put pressure on Otoe and Missouria demography (repeatedly decimating the Missouria population) and forced geographic and economic change on the tribes. By the time Lewis and Clark met with them in 1804 at Council Bluffs (the Corps of Discovery’s first Indian council), the two tribes were living together in villages on the Platte River near the confluence of the Elkhorn [2].

A sequence of treaties—whose sheer number (1817, 1825, 1830, 1833, 1836, 1854) testifies to their protective futility—had the effect of moving the tribes south and west. In the 1854 treaty, the tribes ceded the remaining 3,125 square miles west of the Missouri River, reserving 250 for themselves in the Big Blue River valley. Grasshoppers, drought, Sioux raiding, settler squatting, and outright theft weakened the tribal economy, bringing hunger, illness, and death [2].

Life on the Big Blue Reservation was hard. The tribe was not allowed to hunt for buffalo. The government encouraged a shift from a migratory lifestyle to an agrarian one without consideration of long-established tradition or social structure. For years the tribe watched as acre by acre of their land was sold off by the government to non-Indians. They suffered as treaties were broken and food, medicine, livestock and basic essentials were not delivered as prom- ised. Sickness was rampant, children starved, and the mortality rate climbed higher year after year. [4]

In the hope of securing a sustainable economy in the Indian Territory, the tribes narrowly voted to sell a portion of the Big Blue Reservation in 1876 and began migrating. In 1881, Congress legislated the sale of the remainder and the creation of the 202-square-mile Red Rock Reservation in what is today Noble and Pawnee Counties, Oklahoma [2].

Superscripted numbers refer to Notes containing substantive discussion on p. 22; bracketed numbers refer to References on pp. 23–24.

2 Taylor 2019 .

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Otoe-Missouria Impact 3 Heavy-handed policies continued corroding Otoe-Missouria They diversified their economy: economy and society. Notwithstanding Otoe-Missouria collective resistance to allotment of the Reservation’s land After World War II over 100 tribesmen, including and despite repeated objections of individual allottees, many veterans, formed the Otoe Indian Credit outside decision makers (Congress, the Secretary of the Association with funds from the Department of Interior, a “Competency Commission”) effectuated the Interior. They loaned this money to tribal members ultimate loss of Otoe-Missouria lands to non-Indians [2]. at low rates with little or no collateral [2]. Paternalistic federal agents removed Otoe & Missouria children to government boarding schools to be “civilized”— And through the twentieth century Otoe-Missouria people punished for speaking their language or practicing their culture. exercised their sovereignty by:

Otoe-Missouria people adapted as they could. Soon after • Pursuing and winning (in 1964 & 1967) federal relocation to the Red Rock Reservation, Otoe-Missouria compensation for the loss of Otoe & Missouria families had established about 100 farms, ranches, and aboriginal land; subsistence gardens. By 1890, the tribes had formalized institutions of self-government: • Building housing, a cultural center, and a tribal enterprise building in the 1970s and 1980s; They had their own reservation court system; a dozen mounted policemen helped patrol the reser- • Adopting a constitution in 1984; vation; and Otoe judges held court [2]. • Starting a high-stakes bingo operation in 1984; and

• Opening a gas station and store [2].

Selected Milestones of Otoe-Missouria History

Treaty Burke Act Indian Gaming Regulatory Act Gaming Compact 3 Otoe & Missouria ceded land & established the Big Blue Reservation gave the Sec. of Interior power to declare Indians competent to own land individually, precipitating additional land loss promoted tribal economic development and self-governance via gaming & created tribal-state compacting amendments governing gaming 1854 1906 1988 2018

Treaty Big Blue Reservation Vacated Indian Self-Determination and Educational Assistance Act O-M Constitutional Amendment Otoe & Missouria ceded land to the US ﬁnal migration to Red Rock encouraged tribes to contract federal program functions adjusted membership criteria 1830 1890 1975 2009

Treaty Dawes Act Indian Reorganization Act California v. Cabazon Gaming Compact 2 Otoe & Missouria ceded land to the US allotted Indian reservations, precipitating additional land loss strengthened tribal governments and control over assets, especially land upheld Indian gambling governed electronic and table games 1833 1887 1934 1987 2005

Treaty Departure to Red Rock Reservation Okahoma Organic Act Oklahoma Statehood Oklahoma Indian Welfare Act O-M Constitution Compact 1 Otoe & Missouria ceded land to the US migration of Otoe & Missouria to Indian Territory begins established territorial government the 46th state joined the Union established process for tribes’ acquiring lands & enacting constitutions ratiﬁed re: off-track betting 1836 1881 1890 1907 1936 1984 1997

Removal, Reservation, and Treaty Era Allotment and Assimilation Era Reorganization Era Termination Era Self-Determination Era 1828–1887 1887–1934 1934–1953 1953–1968 1968–present

1830 1840 1850 1860 1870 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 2020 [2,4–10]

4 Taylor 2019 SOVEREIGNTY MATTERS TO INDIAN ECONOMIES

Decade after decade, American Indians were among the poorest people in the US Census. Indians living in Indian places—reservations, ranche- rias, pueblos, and Oklahoma Tribal Statistical Areas (OTSAs) among them—have been the poorest Americans [11]. The challenges have seemed insurmountable.

Despite the obvious economic and fiscal benefits of correcting Indian poverty, federal and state policymakers displayed incompetence (if not neglect and antipathy) toward economic growth in Indian communities. Policy experiments repeatedly failed. Land privatization led to the loss of 62% of Indian land nationally between 1887 and 1934 [12]. Relocation of Indians accelerated brain drain—the exodus of skilled Indians from their communities. Paternalistic institution-building by outsiders left tribes without essentials like independent courts [13]. Federal aid programs have been routinely poorly designed and inadequately funded [14].

In international contexts, development aid can raise the incomes of poor people, provided it is well conceived, adequately resourced, and compe- tently managed. Allowing poor people to migrate to higher productivity regions is an order of magnitude (i.e., 10X) more effective at raising incomes, in no small part because more productive workers can command higher wages. However, economic growth in place can be two or even three orders of magnitude (100X to 1,000X) more effective still because it affects the whole economy, not just those who receive aid or migrate [15]. So it is with Indian Country in the United States. Growth in place is far superior to relocation, which in turn, handily beats a litany of federal aid approaches.

So how do tribes produce growth in place?

Removal, Reservation, and Treaty Era Allotment and Assimilation Era Reorganization Era Termination Era Self-Determination Era 1828–1887 1887–1934 1934–1953 1953–1968 1968–present

1830 1840 1850 1860 1870 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2010 2020

Otoe-Missouria Impact 5 Income Per Person

United States Oklahoma Otoe-Missouria $31,936

$29,215 $27,105 all persons

$24,095 $21,861

$19,280 $19,395

$16,873 $15,951 $14,580 American Indians $14,642

$7,853 90% conﬁdence bounds

1990 2000 2010 2020 1990 2000 2010 2020 1990 2000 2010 2020

Overlapping five-year averages reported in 2009–17 are plotted on their middle year; 2017 dollars [16–18].

Thirty years of research shows that the essential ingredients are: Despite low and declining federal spending on Indian programs [25], tribes nationwide experienced economic 1. Sovereignty—the capacity of tribes to make policy growth in the 1990s superior to US growth, even on reser- and manage implementation themselves instead of vations without casinos [17] and against the headwinds of yielding to the agendas and approaches of outsiders; the Great Recession in the 2000s [11].

2. Institutions—the ability of tribal constitutions, The Otoe-Missouria economy displays similar dynamics. commissions, boards, and administrations to resolve Income per person reported by American Indians2 in the disputes fairly, deploy capital effectively, and admin- Otoe-Missouria OTSA3 grew 86% from 1989 through ister policy professionally; 2017, far outpacing income growth for all people in the US (9%), Oklahoma (12.5%), and the OTSA (37%). This 3. Cultural Match—the alignment of a tribe’s formal excellent growth, however, takes place in a poor region (rural institutions with indigenous norms and values [13]. Oklahoma) among poor people (American Indians), both of which have a long way to go to catch up. Incomes would In what is generally called the Self-Determination Era of need to roughly double to reach parity with US averages. federal Indian policymaking, tribes have asserted their powers of self-government and built or reformed governing Credit for faster economic growth at a time of declining institutions to match their way of doing things. Tribes that federal Indian spending goes to tribal governments taking have taken back control obtain higher prices for commodity charge of institutions and policy—reclaiming and exercis- timber [19], shorter waiting times and more services at their ing sovereignty. As the rest of this report will demonstrate, clinics [20], faster response times from their ambulances the Otoe-Missouria Tribe has been building, investing, and [21], better satisfaction with their policing [22], lower rent growing its people, infrastructure, institutions, programs, delinquency in their housing programs [23], and—criti- and economy—to the benefit of Indian and non-Indian cally—more profitable enterprises [23,24]. Oklahomans alike.

6 Taylor 2019 Government

Otoe-Missouria Enrollment Over Time The Otoe-Missouria Tribe is governed by a modern constitution that its citizens ratified in 1984. The document vests 3,262 a 7-member Tribal Council with powers to oversee the 3,000 Tribe’s assets, pass ordinances, and delegate authority to committees, departments, and other bodies to do the work of the Tribe. Secret-ballot elections select Chairman, Vice- 2,000 Chairman, Secretary, Treasurer, and three other members of the Council to staggered, 3-year terms. With limited exceptions, the Chairman is a non-voting member of the 1,000 Council, unless a vote is needed to break a tie.

0 A General Council consisting of all citizens eighteen years 1880 1900 1920 1940 1960 1980 2000 2020 old and older who are registered to vote meets annually [2] and may, by defined procedures, pass initiatives or refer- enda. Individuals on a 1966 Otoe-Missouria roll and those with a one-eighth Otoe-Missouria blood quantum are eligible for citizenship in the Tribe, provided they do not hold membership and/or receive land or money from another tribe. After centuries of assault, tribal membership has rebounded, and Otoe-Missouria now counts more than 3,200 citizens.

Otoe-Missouria Impact 7 8 Taylor 2019 Otoe-Missouria Government abridged Tribal Membership

Tribal Council

Tribal Otoe-Missouria Public Executive Tribal Independent Corporations Development Authority Affairs Director Treasurer Authorities Utility Authority Utility Tax Authority Policy Board Advisory Otoe-Missouria Development (OMDA) Authority Board Gaming Commission Consumer Finance RegulatoryCommission Youth Women, Infants, andChildren Tribal Employment Rights Social Services Police Department Indian ChildWelfare Human Resources Housing Health Program Financial Assistance Environmental Department Enrollment Employment& Training Elders Education Child Care Administration Tribal Loan Tribal Funds,Grants, Contracts, Investments andProcurementProperty Per Capita FEMA Extraordinary Assistance Compliance Burial Accounting Department PK Propane 7 ClansParadise Event Center 7 ClansIndoorWaterpark 7 ClansFirst CouncilHotel 7 ClansCouncilBluffEvent Center 7C Land&CattleSteakhouse 7C Land&CattleCompany 7 ClansCasinos Great Plains Lending,LLC AWL, Inc. First Council Paradise Chilocco Red Rock Perry The Tribal Council sets the policy for the Tribal Administration The Otoe-Missouria Tribe also takes the creation of human and oversees an Executive Director and several depart- capital seriously. The Tribe’s efforts begin early in a Head ments that provide public goods and services for tribal Start program that includes Otoe language, dance, and members and other members of the Red Rock community. cultural practices. The Johnson O’Malley program contin- These range widely from scholarships for college and adult ues that support through the primary and secondary years vocational education to housing support, Otoe language with funds for school supplies, eye wear, and athletic shoes. education, water treatment, and diabetes care. Through a partnership with a local public school, the tribe offers a tribally funded After School Program that focuses Several tribal efforts are worth describing in more detail. on academic achievement as well as cultural teachings. The Tribe supports career-focused training through, for example, As comprehensive research demonstrates, centuries of asset contributions to the heavy equipment, embedded trainer, loss, economic privation, and cultural assault via the board- and computer training programs at the Pioneer Technology ing school experience and bans on cultural practices leave Center in Ponca City [27]. A supplemental financial assis- American Indians with thorny and intertwined challenges tance program extends support for bachelor’s degree like substance abuse, domestic violence, diabetes, and child candidates in good standing; the Bureau of Indian Affairs poverty [26]. Otoe-Missouria leaders have long recognized can offer around $1,500 per semester to college students, that these and related challenges corrode the human capital so Otoe-Missouria adds between $2,500-3,000 per semes- of their people—their capacity to live productive, happy lives. ter, extending the program into graduate programs as well. Accordingly, the Tribe intercedes to prevent further harms These and other investments in human capital are directed via a child abuse hotline; general assistance; family violence toward Otoe-Missouria citizens, but non-Indians often prevention; daycare; low-rent housing; nutritional assistance benefit too. Non-Indians regularly enroll in the Head Start for women, infants, and children; and other programs. program, and the Otoe-Missouria-supported programs at Pioneer Tech are open to all.

Otoe-Missouria Impact 9 Low homeownership, poor housing condition, and home overcrowding have been persistent challenges in Indian Country. An Otoe-Missouria assistance program recently helped 19 tribal families transition from renting to owning their homes by constructing homes with green technology (i.e., lower annual costs) and then offering them at reduced prices. A related Homeowner Assistance Program helps first-time buyers throughout the United States who can afford a mortgage but may not have the savings to cover the down payment or closing costs.

Red Rock, Oklahoma and other towns in the area have found it difficult to secure adequate quantity and quality of water. The Otoe-Missouria Tribe built a $4.4 million water treatment plant that tripled the capacity of the prior system. The upgrade also included a redundant system so that the region did not have to go without good water during planned or unplanned maintenance.

Self-determined, self-government of Otoe-Missouria Indians via their constitutional structure and its administration thus aims at full participation in the economy and society of Oklahoma. As the next section makes clear, tribal economic ventures make it fiscally possible and economically substantial.

10 Taylor 2019 Enterprise

Separate from the Tribal Council, several Otoe-Missouria Since its creation in 2006, the OMDA Board has provided boards, committees, and commissions govern, regulate, specialized corporate governance for the Tribe’s growing and advise their respective departments and businesses. portfolio of companies. These three independent bodies Essential among these for economic development are the are critical to the development of the Otoe-Missouria Tribe Otoe-Missouria Gaming Commission, the Otoe-Missouria because the tribally owned enterprises they oversee are the Consumer Finance Services Regulatory Commission, and the fiscal mainstay of the government. Without them the Tribe Otoe-Missouria Development Authority (OMDA) Board. would depend largely (if not solely) on federal funding; The Gaming Commission ensures that casino operations unlike other governments’ powers, tribal powers of taxation are conducted fairly by licensed managers in compliance are too fractured, weak, or impractical [28]. with tribal and federal law and with the Tribe’s Class III gaming compact with Oklahoma. The Consumer Finance Services Regulatory Commission licenses and monitors the Otoe-Missouria Tribe’s Tribal Lending Entities (TLEs) and enforces the Tribe’s lending laws and consumer protection policies while ensuring compliance with federal law.

The mission of the OMDA is: To serve all Otoe-Missouria Tribal members while assisting the Tribe to become self-sufficient in the operation and development of revenue sources needed to provide for the Otoe-Missouria Tribe’s present and future needs.

Otoe-Missouria Impact 11 Gaming The Otoe-Missouria Tribe was in the vanguard of Indian gaming. With the help of outside partners, it opened a bingo operation in Red Rock in April 1984. As The New York Times noted [29], by offering high-stakes bingo it became, for a time, the largest operation in the US, drawing customers from Michigan to Texas. The Tribe’s gaming operations have evolved substantially since then. Today, the Tribe owns and operates five facilities itself, three of which are casinos and two of which are convenience-store and gas-station casinos or gasinos.

Named for Otoe-Missouria clans (see the official seal on p. 5), the 7 Clans Casinos are all in Noble and Kay Counties. The flagship facility, 7 Clans First Council Casino and Hotel in Newkirk, Oklahoma, is also named for Lewis and Clark’s meeting with the Otoe-Missouria. The facility site encompasses a 146-room hotel, an events center, an indoor waterpark (the first in Oklahoma), and a Travel Plaza C-store/gas station/casino. In Red Rock, the Tribe operates 7 Clans Paradise casino on the footprint of the original bingo hall and a Deli Mart C-store/gas station/casino. In Perry, the Tribe operates a modest casino, 7 Clans Perry Casino. In addition to 7 Clans Casinos being fully owned and operated by the Tribe, tribal members are employed on the gaming floor, in food and beverage, and security up through general management. In fact, all the senior management is Otoe- Missouria with the exception of a Muskogee (Creek) CEO.

Online Lending Otoe-Missouria is in the vanguard of another industry new to Indian Country: online financial services, known as fintech. The Tribe owns AWL, Inc. and Great Plains Lending, LLC, two e-commerce lenders. In 2016, the Tribe purchased the MacFarlane Group, a company that provided portfolio management, software development, marketing, and call center support for the sector. By vertically integrating, the Tribe follows a pattern similar to their gaming efforts: entering a specialized business with non-Indian partners and organically taking ownership and control of more of the value chain as tribal expertise in both operations and regulation grows. As in gaming too, the Tribe’s evolution- ary approach helps it compete—with other online lenders and with pawn-broker, precious-metal, small-loan, and second-mortgage lenders.4 In the absence of this strategy of learning by doing and taking ownership over time, even tribes with sound regulatory policy and corporate governance have found the odds of profit- ability long [24,32]. The Otoe-Missouria Tribe’s success in fintech complements gaming—an industry which is increasingly competitive in and around Oklahoma (see below)—bringing additional jobs and revenue to a remote, rural reservation.

12 Taylor 2019 7C Land & Cattle The nearly decade-old 7C Land & Cattle LLC builds on a tradition that extends from the demise of the buffalo forward through the development of ranching on the Red Rock Reservation in the 1880s through a tribally owned cattle enterprise in the 1970s. The effort and related leasing reform helped to recapitalize ranching on tribal lands, adding long-term economic value. Weak Bureau of Indian Affairs (BIA) supervision of tribal lands through the twentieth century yielded below-market lease payments and poor care of land and improve- ments; generally speaking, BIA oversight meant decrepit fencing and overgrown cedars surrounded overgrazed pastures. By its initiative, the Tribe upgraded lease terms, purchased land (from tribal members and non-Indians alike), and cancelled below-market leases. Today 7C Land & Cattle’s ranch encompasses more than 900 acres of grass and cultivated land and supports 600-900 head of Black Angus cattle. A steakhouse trading under the same brand, 7C Land & Cattle Steakhouse, is adjacent to the 7 Clans Paradise Casino in Red Rock.

Other Businesses The Tribe operates three service companies, which might not otherwise serve rural and remote Red Rock. PK Propane delivers gas to residential, farm, and commercial customers. PK Services provides maintenance and servicing of private systems. Courier Services transports packages.

Taken as a whole, the Otoe-Missouria Tribe—government and enterprises—is an engine of capital growth: it builds long-lived assets that produce value year after year. Most obvious, the Tribe has invested in physical infrastructure like the recent $4.4 million water treatment plant and $6 million waterpark and hotel expansion at 7 Clans First Council, not to mention investments over the decades in the five casinos, the 7C Land & Cattle, office space, and housing rehabilitation. These physical investments demand construction materials and workers from the Oklahoma economy, and they provide benefits year after year to Otoe-Missouria members and non-Indians who live, work, and play in these buildings.

Less visible, but perhaps more important, are the double dividends produced by Otoe-Missouria investments in human capital. The Tribe’s programs to strengthen individual health, family integrity, and members’ skills and education lower depen- dency (on families, the tribe, or taxpayers), freeing resources for other uses. And those programs increase individuals’ lifetime productivity, helping them earn more for themselves.

Finally, the Tribe is investing in cultural capital—the shared identity, norms, practices, and relationships that were destroyed by dispossession, boarding schools, relocation, and other federal policy. While some attributes of Indian culture may have touristic appeal to outsiders, far greater value from investments in language, dances, ceremonies, and other practices arises from cooperation and consensus, shared support for institutions, and the benefits of rooting children in community [33].

Otoe-Missouria Impact 13 Economic Impact

To varying degrees, American Indian economies attract customers from beyond their borders, but almost univer- sally, tribes turn to outside economies for the lion’s share of the labor, goods, and services they need. Despite robust tribal efforts aimed at greater economic self-sufficiency, all modern economies must trade with other regions. Tribes do not produce (nor would it be efficient for them to produce) all the slot machines, French fries, police cruisers, Otoe-Missouria Employment roofing shingles, electricity, or auditing services that they year-end headcounts require. They have to turn to the non-Indian economy.

1,047 992 1,000 Situated as it is in rural Oklahoma, Otoe-Missouria’s

lending purchasing and payroll register immediately in the non-In- 846 823 827 800 dian economy. In 2017, Otoe-Missouria paid more than $45 million in compensation (inclusive of benefits and

600 employer-paid payroll taxes) to nearly 992 employees

casino across government, casino, lending, and other enter-

400 prises. Total employment in the government and casino have been steady in recent years but the acquisition of the

200 MacFarlane Group in 2016 increased the payroll substan-

gov't tially. To put Otoe-Missouria jobs in local context, the

0 Tribe’s total employment ranks it third in the Oklahoma 2013 2014 2015 2016 2017 Department of Commerce’s data for employers in Kay and Noble Counties—the counties where all of Otoe- Missouria’s Oklahoma operations are located.5 Top Employers in Kay & Noble Counties, Oklahoma #1 The Charles Machine Works, Inc. 1,900 Otoe-Missouria’s payroll and vendor outlays also imme- 2 Phillips 66 Company 1,700 diately affect the Oklahoma economy. The salary of an 3 Otoe-Missouria Tribe and Enterprises* 844 accountant becomes household expenditures as she and 4 Dorada Poultry LLC 750 her family buy groceries, jeans, propane, and washing 5 Ponca City Public Schools 749 6 Air System Components 460 machines. The Tribe’s outlays to a uniform and linen 7 WalMart 400 service generate further outlays to the vendors of soap, 8 City of Ponca 392 water, electricity, trucks, and gasoline and payroll to the 9 Mertz Manufacturing Inc 301 drivers, laborers, and managers of the service company. 10 Perry Ready Mix 300 The cycle is not endless, of course. Funds depart the

*Consolidated in-state [34] cycle directly as household savings and as payments

14 Taylor 2019 Otoe-Missouria Economic & Fiscal Flows

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m a s u t e r s

*Social insurance and personal income taxes. **Sales, excise, and corporate income taxes.

to governments (taxes). Funds also register else- Otoe-Missouria Impacts on Oklahoma and Kansas where—outside the regional economy—as outlays 2017 dollars in millions for imports and as payroll to in-commuters. direct indirect induced total Employee Compensation $44.8 $21.5 $18.4 $84.7 Economic input-output models divide these impacts Proprietor Income - $2.8 $3.7 $6.5 into the direct effect (e.g., Otoe-Missouria’s demand Other Property Type Income $24.8 $11.9 $14.0 $50.7 for labor, goods, and services), the indirect effect Tax on Production and Imports $10.0 $0.9 $3.4 $14.3 (i.e., the input suppliers’ demand), and the induced total value added $79.9 $37.1 $39.5 $156.3 effect (i.e., the demand resulting from the household purchases of both Otoe-Missouria’s workers and the jobs 675 494 536 1,705 workers of the input suppliers). IMPLAN, a privately [35] maintained and widely used input-output model, estimates these effects using federal economic data. With revenue and payroll information as a foundation, IMPLAN estimates that Otoe-Missouria’s contribution to Oklahoma and Kansas is $156 million dollars (measured in value added) and 1,705 jobs annually. While Otoe-Missouria has some financial services operations in Kansas, the vast majority of tribal economic activity takes place in Oklahoma (see the Appendix for modeling details and sources of conservatism in estimation).

Otoe-Missouria Impact 15 Fiscal Impacts

Under the intergovernmental agreement it signed to Otoe-Missouria’s assessment, like all other Oklahoma govern the regulation and scope of Class III (Las Vegas- gaming tribes’, ensures that Indian gaming does not style) gaming (per the Indian Gaming Regulatory Act, 25 impose costs on Oklahoma taxpayers. Indian gaming USC §2701), the Otoe-Missouria Tribe pays Oklahoma an regulation is regulated on a pay-as-you-go basis, with oversight assessment of $35,000 annually. This reimburses Otoe-Missouria expending its own funds for tribal regu- Oklahoma for the activities of the Gaming Compliance Unit lation, paying the mutually agreed Oklahoma oversight of the Office of Management and Enterprise Services. That assessment, and paying regular assessments to the unit monitors tribal compliance with, among other things, National Indian Gaming Commission.

state regulatory requirements on games, account- Beyond merely recovering tribal regulatory costs, ing and auditing standards, the licensing of Oklahoma’s Treasury benefits from Otoe-Missouria paying employees, liability insurance, [and] property an “exclusivity fee,” consisting of a sliding scale on electronic claim procedures [36] gaming device revenue (4% of the first $10 million, 5% of the next, and 6% of any over $20 million), plus 10% of

Fiscal Benefits to Oklahoma of Otoe-Missouria Economic Activity dollars in thousands Oklahoma US Total sources item state & local federal FY2017 Direct Impact exclusivity payment $1,984,521 $1,984,521 intergovernmental agreement (actual) payments for OK gaming regulation $35,000 $35,000 social insurance taxes1 $136,942 $4,719,054 $4,855,996 payroll (estimated per IMPLAN) income taxes2 $784,029 $2,176,007 $2,960,036 subtotal $2,940,492 $6,895,061 $9,835,553

Indirect and Induced Impact (estimated per IMPLAN) social insurance taxes1 $132,872 $4,850,498 $4,983,370 payroll income taxes2 $897,564 $2,491,116 $3,388,680 sales & excise taxes3 $3,514,277 $498,540 $4,012,817 firms corporate income taxes4 $192,701 $1,577,635 $1,770,336 subtotal $4,737,414 $9,417,789 $14,155,203 total $7,677,906 $16,312,850 $23,990,756 1 State/local: Contributions (employee and employer share) to government social insurance including temporary disability and workers compensation. Federal: Employer and employee share of social security and Medicare taxes, including payments paid by the self-employed. Other social insurance taxes, like unemployment insurance (both the federal and state contributions) are included. 2 State/local: Personal incomes taxes, fines and fees, motor vehicle licenses, personal property taxes, and other taxes and fees (like hunting and fishing licenses, marriage licenses). Federal: Personal income taxes. 3 State/local: Sales and excise taxes, property taxes, rents and royalties, and other fees. Federal: Excise taxes, custom duties and rents and royalties. 4 State/local & federal level: Corporate income taxes. [34,35]

16 Taylor 2019 I cannot do anything on the problems without resources. In gaming we did everything we could, but we’re isolated and competing.

Otoe-Missouria Chairman, John R. Shotton, 2018

table game revenue. Otoe-Missouria paid $1.98 million in Exclusivity Payments to Oklahoma 2017. Because Oklahoma exerts virtually no effort to keep 2018 million$ its end of the bargain—i.e., it must merely refrain from $138.1 $138.2 $137.2 changing state law to allow non-Indian casinos—this money $136.1 $136.5 $135.5 $136.0 flows undiminished to the Oklahoma Treasury. In 2010 and $130.1

2011, the Otoe-Missouria Tribe paid $5 million, ranking it $2.0 10. Eastern Shawnee $2.6 as the tenth largest payer of Indian gaming exclusivity fees 9. Cheyenne+Arapaho $3.0 Otoe-Missouria in the state, but the opening of the Kansas Star Casino in 8. Comanche $4.1 7. Citizen Potawatomi $4.2 December of 2011 introduced substantial competition to 6. Osage $5.7 Otoe-Missouria’s casinos, and by Oklahoma fiscal 2017 the 5. Quapaw $5.9 Tribe’s exclusivity payment had dropped to $1.98 million. 4. Muscogee (Creek) $9.2 Otoe-Missouria economic activity also generates tax revenue organically (i.e., in the course of the normal operation of 3. Cherokee $15.9 federal and state tax law). Via its direct, indirect, and induced impacts, Otoe-Missouria government and businesses generated more than $5.7 million in income and social insurance 2. Choctaw $24.6 tax6 revenue for Oklahoma state and local governments. When combined with the Tribe’s exclusivity payment of $1.98 million, the total for Oklahoma state and local governments was $7.7 million. Taking into account federal income and social insurance taxes, the total is $24 million.

These tax benefits accrue to the Oklahoma Treasury at no 1. Chickasaw $48.0 fiscal cost. Unlike, say, a professional sports team, Otoe- Missouria received no abatements, exemptions, or other tax expenditures before producing these fiscal benefits. Indeed, Otoe-Missouria’s fiscalbenefit to Oklahoma of $7.6 million is about the cost in foregone revenue of Oklahoma’s esti- 2010 2011 2012 2013 2014 2015 2016 2017 mated income tax credits for clean-burning motor vehicles Otoe-Missouria ranked 7th in 2010-11, 10th in 2012-14, and 11th thereafter. ($7.9 million), building rehabilitation ($7.5 million), and Fiscal years, adjusted for inflation [35–37]. aerospace employment ($7.2 million); sales tax exemptions for rural electric coops ($7.8 million) and churches ($6.7 million); and the August sales tax holiday for clothing and shoes ($7.4 million) [38].

Otoe-Missouria Impact 17 Otoe-Missouria Casinos in Context

I-135

I-35 ichita non-Indian casinos

Kansas Star Casino 2,196 First Council Casino Hotel 1,30 Joplin

toeissori Gasino Chilocco 304 ns sinos

Gasino ed ock 100 Paradise Casino 462 I-44 Perry Casino 164 Tulsa Fayetteville I-49 I-35 I-44 Fort Smith Oklahoma City I-40 I-40

I-44 I-35 other Indian casinos

ichita Falls

inStar orld Casino & esort I-35 ,53 I-30

Fort orth Dallas I-20 0 I-20 100mi

Population per s mi 0 to 1 100 to 1,000 1 to 10 1,000 to 10,000 10 to 100 Over 10,000

CirclesCircles are scaledare scaled by by the the numbernumber of gamingof gaming positions, positions, where positions where = slot positions machines = plus slot seven machines times the sumplus of seven poker tables times and the table sum games of (indicatedpoker tables for selected and facilities).table games Does not(indicated include bingo-only halls, race-only tracks, off-track betting facilities, or jai-alai frontons [18,39]. for selected facilities). Does not include bingo-only halls, race-only tracks, off-track betting facilities, or jai-alai frontons (US Census, 201 Casino City, 201). 18 Taylor 2019 Net Benefits

Otoe-Missouria economic activity produces net benefits dollars before Kansas Star Casino (in Mulvane, KS) for Oklahoma. opened in December of 2011. Today, these northern Oklahoma casinos have helped to retain Oklahoman First, in contrast to shareholder corporations whose leisure spending dollars in-state. In their absence, shareholders might expend or invest their profits well customers from Ponca City and elsewhere in northern outside Oklahoma, Otoe-Missouria’s lending, gaming, Oklahoma would be attracted to Mulvane, KS. retail, and other businesses are tribally owned, making their profits government revenue and, therefore, locally While not as large as the Chickasaw Nation’s WinStar spent and invested. As a tribal government, Otoe- Casino and Resort—the world’s largest casino is a short Missouria builds infrastructure and produces public drive from the casino-free Dallas-Ft. Worth metroplex— goods and services like water treatment and vocational the 7 Clans First Council Casino Hotel and its waterpark training. Otoe-Missouria has not and will not threaten attract Kansans to Oklahoma. At the same time, they to depart northern Oklahoma to obtain tax abatements intercept Oklahomans who might otherwise drive 75 or to lower its wage bill. additional miles north to Mulvane, KS. In 2017, well after the Kansas Star opening, 67 percent of the 7 Clans Second, Otoe-Missouria’s biggest businesses engage Casinos’ player loyalty club revenue came from out-of- in interstate commerce to Oklahoma’s benefit. The state residents while 65 percent of payroll was paid to Tribe’s online lending revenue is dominated by out-of- Oklahoma residents. Thus, while Otoe-Missouria’s reve- state customers—99 percent of lending revenue is nues were adversely affected as Kansans’ spending was from outside Oklahoma. The 7 Clans Casinos, along diverted to Kansas Star, the Tribe’s benefit to Oklahoma with other regional casinos owned by the Kaw, Osage, remains substantial and net beneficial.7 and Tonkawa Nations, helped attract Kansas customers’

Otoe-Missouria Impact 19 Third, Otoe-Missouria’s economic activity brings Finally, despite claims to the contrary [40-42], American underutilized resources, especially human resources, Indian economic growth does not come at the expense into greater participation in the economy, developing of growth elsewhere. Empirical evidence from national poor places—not just Otoe-Missouria but also rural samples show employment gains in counties near Indian Oklahoma—and helping the distribution of income. casino openings [43-46] and income gains in California The majority of Otoe-Missouria’s Oklahoma and Kansas census tracts near Indian casinos [47,48]. Two regular payroll was paid in zip codes below those states’ median features of export-oriented Indian economies make this zip codes. Of course, not all of the poorest zip codes in so: they import the vast majority of inputs and employ those states are within practical commuting distance of more than just their own members. Growth in place not the Tribe’s operations, but the top payroll-receiving zip only helps tribes, it benefits tribes’ trading partners—the codes have per capita incomes lower than the median zip Oklahoman laborers, vendors, and service providers that codes in each state. And when Otoe-Missouria spends its Otoe-Missouria relies on. lending and gaming revenue, topping up public service budgets for WIC, HeadStart, and water treatment in rural Oklahoma, it produces dividends at no cost to other taxpayers.

The Majority of Otoe-Missouria Payroll Goes to Low-Income Zip Codes cumulative percentage of 2017 in-state payroll

Oklahoma Kansas 100%

75 68%

Newkirk & Peckham 8% 59% Stillwater 4% Winﬁeld 8% 50

Red Rock 20%

Arkansas City & Parkerﬁeld 40%

Ponca City 30% median zip code median zip code

0 0 $23,056 $50,000 $75,000 0 $26,180 $50,000 $75,000 $100,000

per capita income of zip code

[18]

20 Taylor 2019 Conclusion

All too often the general public misunderstands tribal sovereignty, seeing it as a quaint relic from long ago or as a special “gift” to an ethnic group. It is neither. Tribal powers of self-government are the unextinguished powers of a particular society’s self-rule. Contemporary Otoe-Missouria government treats the infirm, keeps the peace, teaches children, cares for the land, builds infrastructure, and grows businesses. It deploys modern computer networks, independent commissions, water treatment plants, police cruisers, consumer protection law, cement trucks, surveil- lance cameras, and accounting principles in an increasingly sophisticated fashion to bring prosperity to its citizens and its neighbors in Northern Oklahoma. In so doing, Otoe-Missouria dispels a related misconception, namely that tribal sovereignty is a zero-sum proposition: for example, that Oklahomans must lose if Otoe-Missouria exercises its authority to set bet limits or loan terms. The numbers above prove the opposite: the economy of Oklahoma has much to gain from Otoe-Missouria’s export-oriented businesses and the government programs and investments they make possible. Because Otoe-Missouria is more effective at producing growth in place than federal or state aid and attempted processes of forced migration and acculturation, Otoe-Missouria’s modern and sophisticated exercise of its long-held powers of self-government bring economic vitality to its people and neighbors.

Otoe-Missouria Impact 21 About Jonathan Taylor Jonathan Taylor is an economist with expertise in natural resources, economy not shrinking by such a merger. Output is also difficult to contex- gaming, and American Indian development. He provides counsel to tribes tualize. Comparing output from, say an IMPLAN estimate, to, say gross and bands in the United States and Canada consisting of public policy regional product, compares two different economic concepts. It confuses analysis, strategic advice, and economic research. He has offered expert apples and oranges. The proper comparison is value-added impact and testimony in litigation and other public proceedings for a number of Native gross regional product. groups. Taylor is President of the Taylor Policy Group, an economics and public Notes policy consultancy, a Research Affiliate at the Harvard Project on American 1 Within the Chiwere-Winnebago subdivision of Siouan languages, Otoe, Indian Economic Development at the Kennedy School of Government, and Missouria, and Iowa tribes speak mutually intelligible Chiwere dialects. In a Senior Policy Associate at the Native Nations Institute, Udall Center for that dialect, Otoes call themselves Jiwere and Missourias call themselves Studies in Public Policy, University of Arizona, Tucson. He holds a Master’s Nu’tachi [2]. in Public Policy from Harvard University (1992) and a Bachelor of Arts 2 Technically, self-reported American Indians and Alaska Natives Alone. in Politics from Princeton University (1986). A current CV is available at 3 The Otoe-Missouria Oklahoma Tribal Statistical Area (OTSA) is co-exten- taylorpolicy.com. sive with the boundaries of the Red Rock Reservation established in 1881. 4 Ramirez [23] finds supply-side increases from these sectors (pawn-broker, Appendix precious-metal, small-loan, and second-mortgage lenders) in response to Several modeling approaches improve the precision of the impact esti- constraints on payday lending, consistent with other literature demonstrat- mates and introduce conservatism. Tribal enterprise impacts were modeled ing competition between these sectors. The Native American Financial to reflect their government-owned nature; top-line enterprise revenue Services Association (NAFSA), of which the Otoe-Missouria Tribe is a (demand) was combined with a modeling assumption to zero out propri- member, distinguishes tribal lending from payday lending. etor income. In contrast to run-of-the-mill IMPLAN studies, this approach eliminates the risk of overstating proprietor income (a segment of value The short-term installment loan products offered by NAFSA added) when modeling a government-owned enterprise with its govern- members’ TLEs [tribal lending entities] are not payday loans; they ment. In addition, at the recommendation of the IMPLAN Group, top-line are installment loans. NAFSA members never engage in abusive revenues in retail businesses were margined to eliminate the pass-through collection practices or in any way disrespect or disregard the of the cost of goods sold (COGS). rights of our customers. Unlike payday loans, installment loans Tribal government was modeled using a local government institutional are amortized, have a definite loan term and require payments spending pattern. In both government-owned enterprise and administrative that go toward not just interest, but pay down…loan principal. government modeling, tribal data on total employee compensation (i.e., Unlike traditional payday products, installment loans do not “roll inclusive of employer contributions to social insurance) were introduced to over” (where fees are assessed to maintain, but not pay down the further calibrate the model to actual operations. loan), and by requiring payments be made toward the principal of Care in reporting accompanies conservatism in modeling. Many impact the loan with defined payments, installment loans help deter the studies report much the larger output numbers instead of value added. cycle of debt perpetuated by multiple, unchecked rollovers. [24] Output is the sum of all firms’ revenues, whereasvalue added nets out the costs of inputs. As one Dictionary of Economics notes, measuring econo- The point here is that Otoe-Missouria’s fintech companies compete with mies is done with gross domestic product—the sum of value added—not a variety of short-term credit providers. with output: 5 The OK Department of Commerce (DoC) did not have complete data about Otoe-Missouria, so the Tribe’s data has been corrected here. While gross domestic product (GDP) A measure of the total flow of publicly available data on employees (such as the Department’s) is not goods and services produced by the economy…obtained by valu- as reliable or comprehensive as confidential administrative data (e.g., ing outputs of goods and services at market prices, and then social insurance records), errors in the data might alter Otoe-Missouria’s aggregating. Note that all intermediate goods are excluded, ranking somewhat but not the general conclusion: Otoe-Missouria is a and only goods used for final consumption or investment goods consequential economic actor in the two-county area. or changes in stocks are included. This is because the values of 6 For example, temporary disability, unemployment, social security, and intermediate goods are implicitly included in the prices of the Medicare taxes. final goods [emphases added 43]. 7 In the counterintuitive economic jargon of trade in services, a casino like Chickasaw’s WinStar is primarily an exporter: though the customers An example makes clear why output is inflated and unreliable. The come into Oklahoma, the leisure services are exported to Texan residents. value of iron that becomes ore at a mine, steel at a smelter, stamped sheet Casinos like 7 Clans First Council both export (to Kansans) and substitute metal at a mill, a radio housing at an electronics firm, a car stereo at an for imports (i.e., substitute for Oklahoman’s importing gambling leisure auto plant, and a car sale at a dealership would be counted six times over in by going to Kansas Star). output. Yes, each firm received revenue to cover the costs of its inputs—in turn, the revenues of its input suppliers—but the economy is not as large Acknowledgment as all those firms’ revenues. The Otoe-Missouria Tribe and Jonathan Taylor are grateful to Prof. To track growth and recession, economists measure gross regional, Kyle Dean, Oklahoma City University, for reviewing a draft of this report. state, or national product—the sum of all value added—not the measure His training in economics is well complemented by in-state research knowl- of all firms’ revenues (output). Not only is value added unexaggerated edge, consulting experience, and personal history. Of course, he bears no by double-counting (and triple-counting or worse), it does not vary with responsibility for any errors or omissions that remain in this document. vertical integration or segmentation. By contrast, output would shrink in the example above if the smelter and sheet metal firms merged, despite the

22 Taylor 2019 References

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24 Taylor 2019 Otoe-Missouria Impact 25