The Seneca Nation of Indians’ gaming compact with New York State expired at the end of 2023. However, Niagara County officials wish to ensure that gambling revenue continues to benefit local communities, as it previously did under the state agreement with the tribe.
Last week, a press conference was held at the Niagara Falls Memorial Medical Centre, where State Senator Minority Leader Rob Ortt, R-North Tonawanda, and State Assemblyman Angelo Morinello, R-Niagara Falls, advocated for improvements to the expired gaming agreement, referred to as “99h,” between the Seneca Nation and the Empire State.
The aforementioned agreement concluded when the state’s gaming compact with the Seneca Nation ended on 31 December 2023.
According to the compact, the City of Niagara Falls was required to share a portion of its annual gambling revenue with the local school district, hospital, housing authority, and underground railroad, as well as Mount St. Mary’s Neighborhood Health Centre and Niagara County’s lead tourism agency, Destination Niagara.
The two lawmakers contend that without the agreement, the recipients cannot benefit from the “essential” gaming revenue, which enables them to maintain their operations and manage their organisations for years. These funds have also supported various capital projects and community investments in the city.
On Friday, Ortt said the following on the matter:
“If we weren’t here talking about this, those great things would still be going on, but there would be less funding and resources to do so. So maybe a few less people would be helping. Maybe a few less people, maybe more than a few, would not be employed or not employed here. So it is critical.”
Under the recently expired gaming compact, the Seneca Nation was obliged to pay New York State 25% of its slot machine revenues. This revenue was shared annually and derived from the tribe’s three casinos in the region: Seneca Niagara, Buffalo Creek, and Seneca Allegany. The state then allocated a portion to the host municipalities, including Niagara Falls, Buffalo, and Salamanca.
There was extensive discussion regarding the gaming compact, with Seneca contending that its terms have evolved alongside the current casino landscape in the region. Seneca representatives shared that they want a lower payout percentage in any new agreement.
However, both Ortt and Morinello indicated that the current negotiations between the state and the tribe are at a standstill. They noted that a new revenue-sharing agreement cannot be established without a compact. Yet, they believe that they should continue advocating for a deal when it is eventually signed.
Additionally, both officials shared that they have recently engaged in discussions on the topic with Seneca leaders, with Ortt also having had a recent conversation with Gov. Kathy Hochul. He remarked that revenue-sharing should be at the top of the agenda for finding a solution.
The new and improved “99-H” states that Niagara Falls would keep 80% of yearly casino revenue when a new compact is struck. Under the offered terms, city funds would be allocated to accommodate and improve economic development and to support neighbourhood rejuvenation, public health and safety and infrastructure advancement.
Under the current proposal, the other 20% would be allocated among the different entities in the following way:
The Underground Railroad Heritage Commission, which monitors and manages the operation of the city’s interpretive centre, would be 1%, or US$200,000, whichever is larger.
The Falls Housing Authority and Mount St. Mary’s Neighborhood Health Center, located on Ninth Street, would each receive US$50,000.
The two officials noted that the casino revenue has a purpose and recognised that other organisations or entities could also benefit from these funds, stating that their use of the gambling revenue has benefited the community as a whole. Morinello mentioned that each entity within 99-H contributes to economic improvement and fosters a form of tourism.
Under the previous revenue-sharing arrangement, Memorial Medical Centre received approximately £750,000 each year. CEO Joe Ruffolo stated that most of this funding supported capital projects and investments, such as the development of two inpatient behavioural health centres and units for renal dialysis, stroke, and cardiac care.
In his words, the funds from the casino compact would also be welcomed for the hospital’s planned US$58 million capital improvement plan. He further noted that the renewal of 99-H is crucial to the hospital and its future development plans.
In the meantime, Ortt’s variation of the improved 99-H legislation has already been passed by the state Senate and will be reviewed by the assembly later this year.
Since this is a local bill concerning entities in the Falls, it is not necessary for any Democrat in Albany to co-sponsor it. However, for the legislation to pass, it would need backing from Democrats, as they hold the majority in the state assembly.
Since the gaming compact lapsed at the end of 2023, Governor Hochul allocated US$7.6 million to Niagara Falls for 2024 as an advance payment of casino revenue that the city would normally receive under the previous compact. However, the city did not distribute the funds to any of the aforementioned 99-H participants.
Notably, Falls’ Democratic Mayor, Robert Restaino, was absent from last week’s conference. However, he previously claimed that he was not willing to entertain a revenue-sharing agreement without the existence of a new gaming compact between the Seneca and New York.
In his words from last week: “Not knowing what the compact is going to look like makes it difficult to look at what would a refashioned distribution of resources look like.”
The mayor has also shared that the city is heavily reliant on gambling revenue to support its general obligations, including services like police and fire protection. Still, he is concerned that these departments may be affected if the new compact brings less money to the state and the city. Here’s the full quote:
“The money that we receive already has a destination. Until we can completely wean off of casino funds in the general fund, that’s got to be entered into the conversation too.”
Meanwhile, State Assemblywoman Crystal Peoples-Stokes, the body’s Majority Leader, does not seem to favour the idea of amending 99-H. Last week, she expressed her enthusiasm for witnessing a new compact being signed. Only then Restaino and the city council be able to decide how to utilise the funds.
Despite the lack of progress in the talks between the state and Seneca, Morinello remains hopeful of gaining support to pass the legislation in the Assembly. Additionally, Ortt remarked that he has also sought Hochul's endorsement, as she is NY’s most influential Democrat.