[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

[[Page E1095]]

     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.

       

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