New BIA head turns attention to Carcieri, gaming
Swearing in passes, business begins Indian Country Today By Rob Capriccioso Jul 3, 2009
WASHINGTON – Larry
EchoHawk’s June 26 swearing in ceremony was a brief moment of respite from
pressing Indian country matters for the new BIA chief as he now becomes steeped
in issues of great importance to tribes, including the infamous Carcieri v.
Salazar Supreme Court ruling and gaming concerns.
The ceremony was one of
overall joy and thanks. There was dancing, drum beats and many happy Native
faces. Several in attendance expressed confidence in EchoHawk’s
abilities.
“Today is not a day for long speeches,” said EchoHawk, a
member of the Pawnee Nation of Oklahoma. “It is a day for solemn oaths, a day
for thanksgiving, and a day for prayers. I am honored to have been entrusted
with this responsibility.”
He also thanked and recognized members of his
Pawnee Nation, saying, “These are my people; this is my heritage.”
But
what he didn’t mention is the slew of issues he has already weighed in on since
his official swearing in May 22.
In a recent letter from his office,
EchoHawk made clear his opinions on Carcieri, a February high court ruling that
says the BIA cannot put land into trust for any tribe that is not recognized by
the Indian Reorganization Act of 1934.
The letter indicated that EchoHawk
has firm beliefs about tribes that are successors in interest, such as the
United Keetoowah Band of Cherokee Indians, recognized in 1950, and the Cherokee
Nation of Oklahoma, recognized in 1975.
“There is no reason, on the face
of the (1946 Oklahoma Indian Welfare Act), that the Keetoowah Band would have
less authority than any other band or tribe,” he wrote.
In effect,
EchoHawk is saying that tribes recognized after 1934 should have the same
standing as those recognized by Congress before and during that year.
He
further wrote that the Carcieri ruling “implicates many tribes” and said the
“department is in the process of analyzing this and other issues raised by
Carcieri.”
EchoHawk also said Department of the Interior Secretary Ken
Salazar is “ready to go to Congress” in support of a fix to the ruling. Such a
fix might see Congress change the words of the IRA to make it clear that tribes
recognized after 1934 are no different than those which were covered under the
law in 1934.
Another area of interest to tribes that EchoHawk didn’t
mention during his ceremony involves Indian gaming.
During his time as
Idaho attorney general
in the early 1990s, he called on the governor to change the language of state
legislation so the state no longer would have a legal obligation under the
Indian Gaming Regulatory Act to negotiate for Class III gaming with
Idaho’s
tribes.
Fresh on the job, EchoHawk is now reviewing Indian gaming
policies.
Sen. Chuck Schumer, D-N.Y. said he’s already had a conversation
with EchoHawk to discuss off-reservation casinos.
“I hope that with a new
administration we have a new way of thinking about applications that are finite,
focused, appropriate for the region, and have strong community support,” Schumer
said.
Schumer’s position on off-reservation casinos is congruent with
statements made by New York Gov. David Paterson in a recent letter to Salazar,
which asked him to “undo a Bush administration policy that restricts taking
off-reservation land into trust for gaming and prevents New
York tribes from economic
development.”
If tribal members at the ceremony had any qualms about
EchoHawk’s Indian gaming stances, they kept mum.
Instead, members of the
Shoshone-Bannock Tribes of the Fort Hall Reservation performed a dance and drum
circle beat in EchoHawk’s honor.
During his speech, he specifically
thanked the tribe for hiring him more than 30 years ago when he was just out of
law school. Support from the tribe for EchoHawk to serve as the assistant
secretary came quickly after his name was floated as a
candidate.
Salazar, too, kept his remarks brief, saying that EchoHawk is
becoming an important part of the Obama administration.
“Today is another
milestone in President Obama’s agenda to empower Native American communities.
Across the government, agencies are working together and with tribes to help
build new schools, improve health care access, upgrade housing, fix roads and
bridges, and make communities safer.”
Salazar, a former senator from
Colorado, and EchoHawk, a
former attorney general from Idaho, have long been
acquaintances. They hope to have a good working relationship, and have promised
tribes they will be proactive in their positions on behalf of Indian
issues.
Many members of EchoHawk’s Pawnee Nation were also present to
celebrate his new job, as were children from the Muckleshoot
Tribal
School, a BIE-funded
school in Auburn,
Wash., which serves the
Muckleshoot Tribe.
Other tribal members, many who live in the
Washington metro area, were
in attendance. Department officials estimated that the ceremony was attended by
more than 500 guests at the Department of the Interior’s Sidney R. Yates
Auditorium.
EchoHawk previously served two terms in the
Idaho state legislature
in the 1980s before becoming the state’s attorney general in 1990. He was the
first American Indian elected to a constitutional statewide office in the
nation.
Before his new government role, EchoHawk had been working in
Utah as a law professor
at Brigham
Young
University. During the
ceremony, he said it was a difficult decision to leave the university, as it had
provided him with a comfortable life.
“I feel the weight of
responsibility on my shoulders,” EchoHawk said. “We will make this
work.”