[Congressional Record Volume 144, Number 74 (Wednesday, June 10, 1998)]
[Extensions of Remarks]
[Pages E1094-E1095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONGRESSIONAL BRIEFING ON CALIFORNIA INDIAN GAMING
______
HON. GEORGE E. BROWN, JR.
of california
in the house of representatives
Wednesday, June 10, 1998
Mr. BROWN of California. Mr. Speaker, on Tuesday of this week
Congressman Filner of San Diego and I had the opportunity to meet with
a very large delegation of Native Americans from California who had
traveled to Washington to exercise their Constitutional right to
petition their Government for a redress of grievances. In a carefully
prepared presentation by numerous representatives of the various
Tribes, plus local public officials and business leaders from
surrounding communities, they detailed what the impact would be on
forcing the tribal governments to sign the Pala Compact. Business and
community leaders described the potentially negative effect on local
commerce. In addition we must keep in mind the countless individuals,
like Maria Figueroa, who have been given a second chance to support
their families by being employed by the tribes and being able to leave
the welfare rolls. I submit for the Record a Declaration of Principles
presented by the California Tribal Governments.
A Declaration of Principles by the California Tribal Governments
For over a century, non-tribal governments and big special
interests have used their power to take away the land,
resources and even the lives of California Indians. These
assaults were called ``legal'' and the tribes' efforts to
keep what they always had were deemed ``illegal.''
Now, history is repeating itself. We face a shutdown of our
gaming operations, the loss of thousands of jobs for non-
Indians, millions of dollars to local communities and state
and local governments, and the renewed deprivation of our
people. Yet for years we have asked the Governor of
California to sit down with tribes and negotiate a good faith
tribal-state gaming compact, one that would permit the tribes
to continue to conduct legal, responsible and regulated
gaming. The Governor consistently refused to do so--in our
judgment, contrary to the express obligations under the
Indian Gaming Regulatory Act (IGRA). Now California's gaming
tribes face enforcement actions by the U.S. Government to
shut us down because there is no compact! Yet the same U.S.
Government, contrary to its historical, legal and moral
obligation as the trustee of the Indian tribes, refuses to
enforce the law and require the California Governor to
negotiate in good faith with us.
Where is the fairness? Where is the justice?
Recently over one million Californian voters signed
petitions--in a record-breaking four weeks time--to afford us
an opportunity to have a model compact that provides for
regulated and legal gaming to be approved by the people. It
appears Las Vegas gaming have already invaded our state with
tens of millions of dollars in an attempt to prevent Indian
tribes from achieving economic self-reliance. We are
determined they will not be successful.
We are no longer willing to be labeled illegal or un-
American or be branded criminals for our struggle to support
ourselves. We are the first people to know and call
California our home and the first people to love this land we
now share. Our fathers and mother, brothers and sisters, and
sons and daughters fought in every American war to defend
the principles upon which the country was founded--the
right of self-government and self-determination and the
freedom to establish a promising future that our children
and our children's children can depend on.
As representatives of the tribal governments of California,
we want America's elected leaders to understand the
principles that define, inform and guide our actions:
1. The key to our future is the protection of our tribal
sovereignty and our right to self-governance.
It is our inherent right and responsibility to protect our
culture, our lands, our resources, and our children. It is a
precious legacy from our ancestors and a responsibility to
our children. The tribe's government-to-government
relationship with the federal government, including its
agencies, is not merely a philosophical statement. It is
based upon federal law and recognized in President Bill
Clinton's statement to the tribes in the historic White House
meeting in 1994. President Clinton directed the heads of the
federal agencies to work with tribes on a government-to-
government basis. The U.S. Government must honor its
historic, legal and moral obligation to serve as the trustee
for the Indian people. Mere words are not enough. Action is
required. Under the law set forth in the 1988 Indian Gaming
Regulatory Act, the U.S. Government must serve as the tribes'
trustees to enforce the State of California's obligation to
negotiate tribal-state gaming compacts in good faith with
tribal governments consistent with their rights as sovereign
nations under federal law.
2. We stand for legal, regulated, and responsible gaming--
with the objective of achieving economic self-reliance an
improving the quality of life for tribal members and their
children.
California tribes stand at the brink of cultural and
economic extinction. Economic self-reliance has been, and
will continue to be, the true goal of tribal governments
through the conduct of legal responsible and regulated gaming
operations, particularly to provide the tribes the means to
achieve other economic development and (consistent with
California law and it's state constitution) diversity for the
tribes. The U.S. Government, as trustee of Indian tribes, has
a responsibility to support these efforts to achieve economic
self-reliance and diversity. Achieving such economic self-
reliance for Indians is one of the key purposes expressed by
the U.S. Congress when it passed the Indian Gaming Regulatory
Act.
3. We believe in sharing. We are committed to the
protection of continued economic benefits from tribal gaming
for all Californians.
It is a tribal tradition to share. Sharing means sometimes
ensuring that our neighbors do not go hungry or that an
electric bill gets paid. This tradition did not start when we
commenced gaming operations and were able to generate
financial resources. When the Pilgrims faced their first
winter with little food or shelter, it was the Indians who
helped them by sharing their resources. Currently legal,
regulated gaming operations provide thousands of jobs, an
overwhelming majority of which are provided to non-Indian
people; millions in retail sales and tax revenues; and
substantial financial support for social programs and
charitable organizations--thereby benefiting our neighbors
and local communities surrounding the tribes and Californians
state-wide. For example, in San Diego County, the Viejas,
Barona, and Sycuan Bands of Kumeyaay--combining wages paid,
tax revenues generated, and goods and services purchased--are
estimated to contribute $186 million to the state and local
community economies. We are proud of our legacy of sharing
and are committed to seeing our gaming continue as a resource
for both gaming and non-gaming tribes, our neighboring
communities, and all of California.
4. Consistent with tribal sovereignty and government-to-
government relations, we believe in working with local
governments, agencies and elected officials who fully
recognize and respect tribal sovereignty.
Indian tribes are committed to working towards a process
that ensures a partnership with local governments and elected
officials. Such a partnership would be premised on mutual
respect and assurances of no incursions on tribal
sovereignty. Tribes also support strong and fair employment
relations. Indian tribes continue to be committed and
responsible employers, carrying out tribe-maintained fair
employment policies. We want to preserve and encourage
amicable relations with our non-Indian neighbors. We will
continue to work cooperatively with governmental agencies
that respect tribal sovereignty.
5. We support the Tribal Government Gaming and Economic
Self-Sufficiency Act--a model compact that recognizes and
honors Indian governmental sovereignty while preserving the
emerging economic self-reliance provided by Indian gaming.
The California Governor has refused to negotiate with
Indian tribes in good faith)--as required under the Indian
Gaming Regulatory Act. Therefore, the California Indians have
been forced to place their own model gaming compact on the
ballot. It is called the Tribal Government Gaming and Self-
Sufficiency Act. We support this ballot measure that
preserves the ability of tribes to create and sustain the
emerging economic self-sufficiency provided by Indian
Governmental gaming.
The model compact to be voted on by California voters
provides for regulated and responsible gaming operations,
licensing and regulatory standards. It also provides for the
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sharing of resources with non-gaming tribes as well as
community programs and charitable organizations.
We are confident the people of California will not permit
outside, powerful money interests--mostly from Las Vegas--to
alter their support for California tribes in their effort to
finally achieve economic self-sufficiency through legal,
regulated and responsible gaming operations.
Therefore, be it resolved: We, as tribal nations, stand
together at a time when our opponents are determined to keep
us powerless and in poverty. We will not allow it! Gaming and
non-gaming tribes alike are affected by these struggles. We
strongly support the continued operation of Indian gaming
consistent with the aforementioned and mutually agreed-upon
principles.
Signed this day, June 9, 1998 in Washington, D.C. the
California Nations Indian Gaming Association/Assembly for
Economic Justice.
Daniel Tucker,
Chairman, California Nations Indian Gaming Association.
____________________