If ever a federal agency were a candidate for
termination, the Bureau of Indian Affairs (BIA) would make for a good
choice. The BIA combines patronage, outright corruption and ethnic
separatism into a single package, wasting sizable tax dollars in the
process. Yet few in Congress have the stomach for a fight with
supporters of the bureau, now with a roughly $2.7 billion annual budget.
That's not the only Indian agency in need of serious downsizing.
The Bureau of Indian Affairs actually goes back nearly
two centuries. Secretary of War John Calhoun virtually single-handedly
created the BIA in 1824 to oversee treaty negotiations, conduct trade,
establish budgets, and operate schools. In 1849, Congress moved the
bureau from the War Department to the new Interior Department, where it
since has been housed. In recent decades, the agency has become a
conduit through which tribal leaders and their allies can accrue money
and influence. It's a variation on what public choice economists call
"regulatory capture," in which firms -- especially large ones --
effectively dictate policies and practices to the regulator, so as to
maximize competitive advantage.
The current system is a by-product of periodic warfare
beginning in the early-17th century and lasting through most of the 19th
century. There are now
565 federally-recognized Indian (including Alaskan)
tribes in this land of ours, representing
nearly two million persons. Indian territories comprise some 55 million
surface acres. Crucially, a tribe operates under a federal grant of
sovereign status. Taken as a whole, Indian tribes are a loose
confederacy of mini-nations, each with its own elected tribal government
overseeing courts, schools, job training, health care, infrastructure
development, and on due occasion, casinos.
Within their respective reservations, tribal leaders
enjoy enormous power. Too often, they and employees use this power as a
cover for corruption. Recent cases abound. At the
Fort Peck Indian Reservation in
northeastern Montana, for example, six office employees -- two federal
and four tribal -- pleaded guilty last year to embezzling roughly
$400,000 from a tribal credit program. In Oklahoma,
Dawena Pappan, former
secretary-treasurer for the Tonkawa tribe, pleaded guilty in federal
court that year to stealing hundreds of thousands of dollars in casino
proceeds with help from other Tonkawa officers.
Want more?
Emily Anne Sauppity,
secretary-treasurer of the Apache of Oklahoma, was found guilty by a
federal jury of embezzling $46,068 in oil and gas royalty taxes, though
her actual thefts amounted to nearly $108,000.
Evelyn James, former president
of the San Juan Southern Paiute Tribe in Arizona pleaded guilty to theft
and money-laundering of nearly $300,000 in Justice Department community
policing funds. And about a dozen persons, including two former tribal
officials,
pleaded guilty or were found guilty
in Oklahoma City federal court to embezzling about $750,000 from the
Lucky Star Casinos, operated by the Cheyenne and Arapaho of Oklahoma.
It isn't just Bureau of Indian Affairs funds that have
made their way into the pockets of crooks. In June 2008, for example,
the Government Accountability Office (GAO)
issued a report revealing that
the Indian Health Service (IHS), part of the Department of Health and
Human Services, during fiscal years 2004-07 "lost" about 5,000 pieces of
medical equipment with an acquisition value of $15.8 million. In a
follow-up audit released a year later,
the GAO noted: "IHS continues
to lose property at an alarming rate, reporting lost or stolen property
with an acquisition value of about $3.5 million in a little over a
year..." Missing items included a $170,000 ultrasound unit, a $100,795
mammography X-ray machine, and various dental chairs and diagnostic
monitors.
Far bigger piles of loot, however, can be made
legally. Class-action lawsuits are one route. Over the past few months,
Indian plaintiffs and their attorneys managed to coax massive
settlements from the federal government in two longstanding unrelated
civil suits. Last October, lawyers for tens of thousands of Indians
corralled a $760 million agreement from the U.S. Department of
Agriculture as compensation for credit discrimination against Native
American farmers and ranchers. Known as
Keepseagle v. Vilsack and originally filed by a Sioux couple in
North Dakota in 1999 as a copycat of the Pigford (i.e., "black farmer")
lawsuit, the case did not uncover any specific acts of willful
discrimination. In the other lawsuit, Congress in November created a
$3.4 billion trust fund to be shared by an estimated 300,000 to 500,000
Indians, pursuant to the settlement in
Cobell v. Salazar, in which the plaintiffs had alleged that the
Interior Department for decades had squandered royalties due individual
Indians for extracted oil, gas, timber and other natural resources from
tribal lands. The details of the case suggest a well-planned and
executed plaintiff shakedown.
An even bigger street-legal money maker is
casino gambling. In 1988,
Congress enacted and President Reagan signed the
Indian Gaming Regulatory Act (IGRA),
which recognized "the right of Indian tribes in the United States to
establish gambling and gaming facilities on their reservations as long
as the states in which they are located have some form of legalized
gambling." This legislation effectively conferred monopoly rights upon a
tribe to operate a casino on its property, subject to regulation by the
National Indian Gaming Commission. These enterprises are immune from
state regulation. Moreover, they are exempt from federal income
taxation, though state governments may tax a portion of slot machine
revenues.
Currently, some 220 recognized Native American tribes
operate a combined roughly 400 Class I, II and III (casinos fit under
the latter category) gaming facilities. Given the seemingly limitless
capacity of Americans to place wagers, this has meant big bucks. The
Foxwoods Resort Casino in southeastern Connecticut, owned by the
Mashantucket Western Pequot Tribal Nation, thanks to several expansions,
has become the largest hotel-casino complex in the U.S. Featuring 7,200
slot machines and 380 table games, the luxury facility takes in roughly
$1.5 billion annually from combined gaming and non-gaming sources. Right
down the road is the nation's second largest casino venue, the Mohegan
Sun Resort & Casino. Owned by the Mohegan tribe, this high-end getaway
destination features 300,000 square feet of gaming space within three
casinos. The Pechanga Resort and Casino in Temecula, California isn't
exactly small time either, containing 200,000 square feet of gaming
space and 3,400 slot machines. All told, Indian gaming
in 2009 took in $26.5 billion in revenues.
This represents an explosive increase from $100 million in 1988, the
year of IGRA passage.
Someone out there is getting rich. And it isn't just
tribal leaders and outside investors. Tribes operate with a grant of
monopoly privilege. Remaining shielded from competition requires gaining
access to federal and state legislators to vote the right way. That's
where lobbyists come in. The 2006 final report of the Senate Indian
Affairs Committee, chaired by John McCain, R-Ariz., revealed that Jack
Abramoff, though an extreme example, was part of a far larger "come and
get it" political culture. A former BIA official, Wayne Smith, grandson
of a Sioux chief,
explained to CBS News at the time:
"I had lobbyists ... tell me that ‘It was our time, this is our time to
make some money in the Indian game arena. We worked hard to get this
president elected, and we expect to be rewarded for it.'" What matters
here is that influence-buying is a product of tribal sovereignty and
monopoly p rivilege. "Lobbyists" -- love them or hate them -- will
always be around to service an Indian client's political needs under
this scenario.
If all this theft and influence-peddling amounted to
nothing more than a few anecdotes, it would be easy to minimize their
importance. Such behavior can be found in any type of organization,
whether government agencies, corporations, unions, philanthropies or
churches. Yet these cases, in fact, represent a fraction of widespread
criminal and otherwise ethically-challenged activity. It is hard to
avoid the conclusion that the system of tribal governance, with an able
assist from Washington, is dysfunctional.
Bureaucratic client capture offers a partial explanation for this state
of affairs. The ultimate problem is the setting aside of territory and
public funds to accommodate Indian "nations." Indian identity politics,
at bottom, is about irredentism -- the condition of two or more ethnic,
linguistic or religious groups claiming sovereignty over the same
territory. Many Indians have a deep attachment to ancient lands they
believe were stolen by the white man. The fe deral government can't
bottle up their sense of moral entitlement. But it doesn't have to
subsidize it either.
Despite our best efforts, separatism and corruption
appear to have become more pronounced over the past few decades. The
late Sixties and early Seventies witnessed the aggressive rise of Indian
identity politics, culminating in passage by Congress of the Indian
Self-Determination and Educational Assistance Act (1975) and the Indian
Child Welfare Act (1978). Lawmakers further encouraged decentralization
of authority in 1991 with the Tribal Self-Governance Demonstration
Project Act. With larger budgets and fewer strings attached,
opportunities for corruption have increased, especially as the BIA
itself has come to be heavily staffed by Indian activists.
Ending the network of incestuous relationships and
accompanying corruption requires that Congress do the unthinkable:
Abolish the Bureau of Indian Affairs, the Indian Health Service and all
other federal agencies that serve Native American interests. These
agencies have outlived whatever usefulness they had. Lawmakers also
ought to end the practice of formal tribal recognition. Why should
Cheyenne, Choctaw, Mohawk or Sioux sovereign "nations" exist within our
borders, any more than Dutch, Irish, Italian or Polish ethnic ones? It
is one thing for members of a particular tribe to live in close
proximity, preferring their own company. It is entirely another for
Americans as a whole to be coerced into subsidizing this tribal
confederacy, an arrangement that is not only costly, but also corrosive
of national identity.
Back in the late 1940s, Congress set up a commission on executive branch
reorganization, chaired by former President Herbert Hoover. Among its
hundreds of recommendations,
the Hoover Commission concluded
that assimilation of Indians into the mainstream of American society
must be a top priority. More than six decades later, our nation remains
a long way from realizing that goal. Dismantling the Indian bureaucracy
would be a major step in that direction.