I know what's going on in the last article cited, specifically this part:
"Senator John McCain (R-AZ), Chairman of the Indian Affairs Committee, offered up legislation that passed the Senate last week to amend the Indian Gaming Regulatory Act of 1988. It DOES NOT allow communities more say in the process. Unfortunately, the McCain bill includes a grandfather clause that needs to be blocked in the House. It would grandfather tribes now in the process. It actually encourage more tribes to apply because it gives until April 15th for them to get a letter in."But to explain it, I have to go back to the beginning of the article. As a shortcut, you can just skip to the part in bold for my short opinion.
First of all, what the House of Representatives thinks about American Indian affairs doesn't mean shit. The House rarely understands the sovereign relationship between tribes and the federal government, and its individual members have, for well over two hundred years now, often gained their offices by marginalizing and thieving from American Indian tribes. They still do: Richard Pombo was the Chairman of the House Resources Committee, which includes authority over Indian tribes because as I said the House treats Indians as a resource. The House is constantly--
constantly--working to erode Indian sovereignty, because interfering is the only role they have in the process.
Real authority over Indian tribes rests in the Senate, because the sovereignty of Indian tribes* is based primarily on their former treaty relationship with the United States. The Senate's role in reviewing and confirming treaties makes them the experts on the federal-tribal relationship. John McCain actually knows this job pretty well, and the above quote is an example of it.
McCain's bill writes out local community say in the process because local communities in theory should have
no say in the sovereign federal-tribal relationship whatsoever. In fact, they need to be kept out of it, which brings us back to so-called "reservation shopping."
America was not conquered. Usually, the United States' land was not forcibly annexed from its rightful original owners without compensation.
It was bought. The United States failed to keep up its end of the purchasing arrangements so often that American Indians became quite well versed on American law and government. They insisted on permanency clauses and other guarantees so that even if the United States didn't pay up, or failed to protect tribal land as agreed, the transfer would be invalid, permanently.
That stopped nobody, particularly not local governments, from nipping at tribal reservations and burial grounds. Theoretically, much of that land is still owned by the Indians, because the illegal transfers were instantly invalid. Lots of times, the tribes themselves were moved and their stolen land is now far from their current reservations and across state lines.
Those myriad little thefts come back to haunt local governments, constantly. Tribes rarely forget such injustices, but until recently were poor and couldn't afford the decades-long process of having the land returned (which process, incidentally, has been almost totally stopped by the Bush Administration thanks to their suspension of land-into-trust regulations). Now that they have the money and legal backing of casinos and developers, they can afford to come back for
the shit that was stolen from them.
The local governments, living in a permanent state of amnesia because they're still to this day trying to cover up their crimes and evade the consequences of them, automatically react by sending up asshole Representatives who don't know shit about anything I just said above, Richard Pombo being a superb example. They've tagged the phrase "reservation shopping" to a process of rightful return of stolen and often sacred land. So fuck those guys, mkay?
What usually happens is that the federal government carefully checks to see if an applying tribe a) is who they say they are; b) had clear title to the land; and c) never legally surrendered title of that land to the federal government. Informally, local resistance to the process is usually pretty good evidence of all three. Sure, the land can be taken back into trust, but then there are still more hoops to see if a tribe can set up a casino on it. Then if that's okay, the tribe and the state have to make a compact over it. And so on. It takes decades, as I said.
Except in this case. I haven't looked too closely at this case, but it appears that Sen. Feinstein's gripe is that this band of Pomo has deftly sidestepped part of the regulatory process. Which brings us back to
McCain's legislation in that one little paragraph:
McCain's bill sought to limit tribal gaming by restricting it to the primary reservations of each tribe. This has the benefit of protecting most local governments without actually involving them in a process in which they, as the traditional perpetrators of the original wrong, should have no role. It still screws over tribes, though, by trying to push back their gaming operations to their shitty reservations where nobody wants to go. That's what Feinstein and McCain both want.Jesus, did I make any sense at all there? Oh, screw it, I'm going to post this anyway.
* I'm using the term
Indian tribes here to denote the tribes of the lower 48 states. Most federally recognized Indian tribes in the lower 48 have similar (but not identical) relationships with the federal government, sovereignty based on treaties and other government-to-government dealings with the U.S. Indian tribes are comprised of Native Americans, but not all Native Americans have treaty rights with the United States. Native Alaskans have some government-to-government rights; Native Hawaiians still fewer; Native Samoans and unrecognized tribes have practically none. Thus, I avoid using the term Native American here because it's less accurate, and worse it may encourage some to try to push Indian tribes closer to the rights of American Samoan tribes rather than the reverse.