Ed. Note: Elaine Willman is chair of Citizens Equal Rights Alliance, a national anti-sovereignty and anti-federal Indian policy group. She is the founder and executive director of the Citizens Standup Committee, a group challenging the sovereignty of the Yakama Nation. She claims to be Cherokee.

"In 1988 the Indian Gaming Regulatory Act was a slick scheme—an absolute and intentionally arranged marriage—to promote economic development on Indian reservations. Congress knew this marriage of an otherwise egregiously incompatible couple, required a substantial dowry to attract an already wealthy groom, so it promised three federally exclusive gifts: 1) tribal casinos would have a monopoly, 2) they would be located on lands unregulated by state or local governments, and 3) tribal casinos would not be taxed. After all, the gaming industry across the country was doing well even while accountable to competition and taxes. Why else would the gaming industry bother with Indian tribes without these three vital perks?

To ensure homage, tithing and undying affection from the newlyweds noted above, the ever parental Congress also passed election acts, campaign finance acts, lobbying and taxation legislation that neatly omit two words: "Indian tribes." Without these specifically included words, tribes are exempt from legislation. No one knows this more keenly than Congress. Exempt from all these Congressional Acts, tribal casinos and tribal governments now lavishly and frequently reward our congressmen, and governors, and thousands of incumbents across the country at every level of government for feeding the growing monster of rampant tax-free gambling.

It's wide open now. On February 1st at a Senate Committee on Indian Affairs, George Skibine plainly explained to Senator Dorgan that yes, a tribe located anywhere in the country, could decide to open a Class III casino in mid-town Manhattan, NY. Mr. Skibine has a lengthy business title: "Acting Deputy Assistant Secretary for Policy and Economic Development in the Office of the Assistant Secretary – Indian Affairs at the Department of the Interior." Skibine tutored the Senate Committee on Indian Affairs by noting that nothing in the Indian Gaming Regulatory Act limits a tribe to its state or its homelands or any zip code that contains a potential "gaming market." The only obstacles are elected officials already feeding at this trough. These obstacles are easily overcome with a lovely cocktail of historical guilt blended with bountiful and unending campaign cash."

Get the Story:
Elaine Willman: Money Mates with Political Power, Gives Birth to the 1988 Indian Gaming Regulatory Act and a Host of Problems (The Hawaii Reporter 3/8)