What's Really Going on with Indian Gaming?
By DANIEL TUCKER CHAIRMAN, SYCUAN BAND OF THE KUMEYAAY NATION VICE CHAIRMAN, NATIONAL INDIAN GAMING ASSOCIATION FORMER CHAIRMAN, CALIFORNIA NATIONS INDIAN GAMING ASSOCIATION

May 1, 2003

We've all seen the headlines lately: Indians don't pay their taxes. Their casinos are growing bigger by the day, with no consideration given to off-reservation impacts. They don't comply with state laws, and they exploit loopholes. Basically, Indians just aren't doing right by the people of California . And given that the Governor wants to renegotiate our gaming compacts, now is a great time to pile on and try to get even more out of those “no good Indians.”

Well, fortunately, you can't always believe everything you read or hear. Given all that is occurring regarding Native Americans, a brief history might be in order.

As unique as Indian tribes are, it is still difficult for many people to remember that we are sovereign nations. Just the word “sovereignty” is foreign to many people. It is a complex and complicated concept that has evolved over more than two centuries of political, judicial and legislative actions. As former President Ronald Reagan once commented, “… the constitution, treaties, laws and court decisions have consistently recognized a unique political relationship between Indian tribes and the United States .” At its core, however, sovereignty means Native Americans have the right to self-determination.

Tribes developed the first forms of governance hundreds and thousands of years ago. We are, first and foremost, governments that provide services to our people and those around us. At Sycuan, we operate a fully accredited community college, a widely respected fire and emergency services department, childcare, medical and dental clinic, and more. These services are provided not just to our tribal members, but to all employees and anyone in the surrounding community. And all these programs are paid through revenue earned by the tribal government.

Our ability to provide critically needed public services, eliminate welfare, and create thousands of jobs, was only made possible by the overwhelming public support we received on Propositions 5 and 1A. The voters of California spoke loud and clear that they supported Tribal government gaming, in a limited way, on our remote reservations.

This approval of tribal government gaming is in compliance with federal law, the Indian Gaming Regulatory Act of 1988. The fundamental goal of that law was to ensure tribes were given the opportunity to end welfare and provide meaningful economic development on the remote reservations given the tribes decades ago. The results have proven enormously beneficial, not just to tribes, but to the region and state as a whole.

Tribal development projects, including casinos, have created thousands of jobs, hundreds of millions of dollars in payroll, taxes, and purchase orders from California companies. According to newly released figures from the state Employment Development Department, overall employment grew by only 1.3 percent last year, while Indian gaming rose 9.3 percent during the same period. Indian gaming has been the workhorse of the state's economy -- at just the time the state needs it the most.

As for the impacts on the environment, tribal projects must fully comply with the federal National Environmental Policy Act. In addition, under the terms of each compact with the State of California , any casino or related development must make a good faith effort to incorporate the policies and purposes of the California Environmental Quality Act. This is in addition to any tribal environmental laws that may be in effect serving as the first line of protection for our valuable natural resources.

Contrary to what you might hear about regulation, tribal government gaming is more heavily regulated than gaming in both Nevada and New Jersey . Our games are regulated at six different levels, including three different federal departments. Indian tribes invest more than $212 million to regulate at the tribal, state and federal level. This compares with a combined $155 million to regulate games on riverboats, Nevada and New Jersey.

Indian governmental gaming has been free of the corruption associated with the development of commercial gaming. In a July 2001 review of Indian gaming, the FBI reported, “none of their Indian country investigations of isolated allegations of organized crime have been substantiated.” In testimony before the Senate Committee on Indian Affairs, Bruce Ohr, Chief of the Organized Crime and Racketeering Section of the Department of Justice, stated: “Indian tribal gaming has proven to be a useful economic development tool for a number of tribes, who utilize gaming income to support a variety of essential services.”

Tribal government gaming is not the end, but rather a means to an end. Sustained economic survival for our governments, while preserving our sovereignty, is the goal. Tribal gaming has generated revenue to allow many tribes to diversify their business operations into other enterprises including retail and industrial. This in turn creates more jobs, more opportunities, and brings tribal governments more and more in contact with the traditional corporate and charitable communities.

While the concept of sovereignty means Indians have the right to self-determination on their reservation, it also entails a substantial amount of responsibility. It means responsibility to listen and respect those who may not understand us or may disagree with our objectives. And it means responsibility to do not just the minimum that may be required, but to go beyond.

As an example, Sycuan is proud to be the first tribe in this county to have a formal, signed Memorandum of Understanding with the locally elected Crest-Dehesa-Harbison Canyon-Granite Hills Planning Group. This is the first of its kind to our knowledge, and it has served both the off-reservation community and the tribe extremely well.

The local planning group and tribal representatives meet quarterly to discuss issues of mutual concern. Sycuan has committed that this committee will be the first to hear of any new development we may have, and we have honored our commitment. While we may not always agree, we have reached a level of mutual respect and understanding that is more than just good business, it is being good neighbors!

While you may hear and read a lot of negative information about tribal governments and our operations, don't be so quick to believe everything you hear. Take the time to become educated. Tribal nations are rich in culture and history. For most, recent economic success is not unlike the experiences of fledgling companies or small businesses. Some may stumble along the way, but we will learn from our mistakes and come out stronger and better than before. Not for the bottom line. Rather, for the preservation of who we are as a people. If our businesses fail or falter, we can't just pick up stakes and move to another state. Our ties to the land help define who we are as a government and a people.

 
 
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