With all of the attention being paid to the current lobbying scandal involving lobbyist Jack Abramoff and several of his former tribal clients, the terms "Indian gaming," and "lobbying" have taken on sinister connotations in the public eye. But despite the recent controversy, lobbying plays an important role in the day-to-day functioning of tribal governments.
Lobbying, protected by the First Amendment of the U.S. Constitution, influences policy and decision-making through political advocacy. At the local level, lobbying entails grassroots organizing, circulating petitions, and meeting with representatives face-to-face. In Washington, D.C., professional lobbyists combine public relations with intense marketing strategies to influence everything from legislation to electoral votes.
American Indians and Alaska Natives are among the most underrepresented groups in the country. They make up less than one percent of the general population and are spread across a vast geographic area. Often, the voice of the American Indian individual is represented by the tribal entity or government as a whole. Whether in the state legislature or on Capitol Hill, the lobbyist represents the voice and interests of the tribal government.
Public Affairs Associates (PAA), the firm that currently represents the Saginaw Chippewa in Michigan, recently won a key victory to protect the economic viability of the tribe. The firm defeated an initiative that would have allowed the creation of "racinos," by adding slot machines to race tracks. In a phone interview, Scott Breslin of PAA said that the already-profitable race tracks would have diverted much needed revenue from the Chippewa. "The Saginaw Chippewa and other tribes depend on gaming to catch up [financially] to where they should be," Breslin said. "Our main focus [as lobbyists] is to educate the Senate on what Indians do for the state of Michigan."
Breslin said that the Saginaw Chippewa use their casino earnings to give back to their communities—they run a hospital that serves people outside of the tribe, and also support Central Michigan University.
Prior to the successful rise of Indian gaming, tribes more commonly sent chiefs or other figureheads to lobby and negotiate on their behalf. Many tribes now employ professional lobbyists who have social and political connections and can devote full-time attention to legislative projects and efforts.
Unfortunately, as evidenced by the current scandal in Washington, relying on professional lobbyists from outside the tribe can be risky.
According to Indianz.com, Indian gaming has grown to be a $19 billion dollar industry in the past decade, and lobbyists like Abramoff are clamoring for a piece of the action.
Tim Giago, a journalist, editor, and publisher, said the Abramoff scandal highlights how tribal leaders can be blindsided when money is involved. Lobbyists such as Abramoff dazzle tribal leaders with promises of success and lucrative opportunities, encouraging those leaders to forego the advice of their lawyers and counsel, Giago said in an e-mail to Cultural Survival.
For many years Abramoff enjoyed consistent praise in the Wall Street Journal, Washington Post, and National Journal for his work. The Hill magazine twice listed him as one of Washington's top lobbyists.
But since early 2004, in conjunction with the Senate Committee on Indian Affairs, a federal task force composed of personnel from both the Federal Bureau of Investigations and the Internal Revenue Service has uncovered the depth and scope of Abramoff's swindling of tribal groups.
According to hearing transcripts posted on the Senate Committee on Indian Affairs' website, Abramoff allegedly charged tribes more than $80 million in fees and services to promote gambling interests. Evidence includes a mass of e-mail correspondence recently released onto public record as part of the trial. In the e-mails, Abramoff and his associate Michael Scanlon craft plans to defraud Indian tribes. They refer to their tribal clients as "morons" and "monkeys."
Witnesses, including former colleagues of Abramoff, testified before the Senate Committee on Indian Affairs in late June that Abramoff and his associates padded expenses, forged receipts, and funneled money from tribes into illegitimate charities they set up for themselves. They also used the money to treat high-powered officials, including House Majority Leader Tom DeLay, to lavish meals and vacations.
The Abramoff hearings have prompted the introduction of legislation to reduce conflicts of interest in the representation of Indian tribes, including Arizona Senator John McCain's Bill S.1312. The scandal has also prompted further hearings regarding the present and future state of Indian gaming. McCain's bill would require former federal and Bureau of Indian Affairs employees who are hired as Indian lobbyists to wait up to one year before they are able to lobby their former employers.
