Indians Fault McCain Panel
Roll Call Staff
When Senate Indian Affairs Chairman John McCain (R-Ariz.) opens today’s hearing on President Bush’s fiscal 2007 budget, it will mark the first time since July that his committee has focused on issues of broad significance other than gambling or the Jack Abramoff lobbying scandal.
That seven-month stretch has irked much of the tribal community, which feels that serious issues affecting American Indians are being ignored by the panel and its chairman, a likely presidential candidate in 2008.
Tribal leaders and lobbyists argue that while ethics reform, off-reservation gambling operations and campaign finance reform are valid issues for the committee to ponder, they add that they’re concerned by McCain’s seeming preoccupation with them and lack of focus on issues such as education, housing and health care that have a wider impact in Indian country.
Jacqueline Johnson, executive director of the National Congress of American Indians said that while the nation’s 500-plus tribes “understand the backdrop” of ethical abuses related to Abramoff’s representation of Indian tribes, many Indians “feel that there’s not, let us say, ‘fair play’ in the hearing process.”
A committee spokeswoman defended McCain’s handling of his chairmanship, arguing that the committee has considered some 30 pieces of legislation while also working with committees of jurisdiction on transportation, energy and domestic violence bills since McCain became chairman.
McCain has also addressed his critics’ concerns directly, saying during a February hearing on campaign finance rules governing Indian country, “I understand that there is a widespread fear in Indian Country of losing a seat at the political table. Tribes fear that just as they are beginning to more fully participate in the political process through campaign contributions, opposing interests have proposed reforms that could effectively exclude them. I understand these concerns, but feel it is appropriate to examine how and why tribes, which truly are unique entities, are treated the way they are ... and whether the law should be changed.”
According to a list of hearings on the committee’s Web site, McCain, since taking the reins of the committee in January 2005, has held five hearings on Indian gaming issues, three on tribal lobbying related to the Abramoff scandal and the Feb. 8 hearing on campaign finance reform.
As part of these and future hearings, McCain has said he is considering several legislative proposals, including new limits on the creation of off-reservation gambling establishments and changes to federal campaign finance rules that would impose new restrictions on tribal contributions to bring them more in line with rules that govern other entities.
Although tribal leaders and lobbyists acknowledge that these issues are legitimate areas for Congressional oversight and legislation, they only affect a relatively small number of tribes.
For instance, one longtime lobbyist points out that since tribes began opening off-reservation gambling operations, only three requests to the Department of Interior have been accepted, “and I’d be surprised if we saw three more in the next 20 years.”
On campaign contribution reforms, this source said while federal rules allow tribes to spend more on federal campaigns than companies or private individuals, “only about 15 tribes would be affected” by the reforms because most are either too small or poor to play a factor in campaigns.
Tribal sources also contend that McCain’s hearings on gambling have focused too heavily on issues that would hurt tribes involved in the industry while paying scant attention to reforms that could help tribes, ranging from codifying federal rules on federal-tribal compacts to putting in place a cap on royalties tribes operating casinos pay to states.
“That’s tens of millions of dollars [going to states] for basically doing nothing,” one lobbyist complained, pointing out that complaints from California Gov. Arnold Schwarzenegger (R) are credited with ending a Department of Interior proposal to cap tribal payments.
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