Column: Abuse of earmarks paved a path for Lytton casino

Thursday, April 28, 2011  

"A classic example of an earlier abuse of this process is the enactment of a bill entitled the “Omnibus Indian Advancement Act” enacted in 2000. Congressman Miller, representing that area of Contra Costa County where the city of San Pablo is located, inserted a provision into that Act under the heading “Subtitle A – Miscellaneous Technical Provisions” Sec. 819 which provided: “Notwithstanding any other provision of law, the Secretary of Interior shall accept for the benefit of the Lytton Rancheria of California the land described in that certain grant deed dated and recorded on October 16, 2000, in the official records of the County of Contra Costa, California, Deed Instrument Number 2000-229754. The Secretary shall declare that such land is held in trust by the United States for the benefit of the Rancheria under sections 5 and 7 of the Act of June 18, 1934 —.” Such land shall be deemed to have been held in trust and part of the reservation of the Rancheria prior to October 17, 1988.”

Assuming that earmark was even noticed by anyone, it hardly tells the reader where the land is and the bill was designed to allow the Lytton Band of Pomo Indians to have trust land in downtown San Pablo, and to allow them to own and operate a Class II gambling casino there. (That casino was recently upgraded to a full-scale class III Las Vegas style casino.) Nor does it explain that by backdating its effect it can avoid the prohibition against class II or class III gambling on any Indian land acquired by any tribe after October 17, 1988, making it ineligible for Class II or Class III gambling casinos on such land. By being brought into trust, the land is also immune or exempt from all the laws protecting customers and workers in any business there, and immune from all the taxes needed to pay for the daily demands the tribe and it’s businesses place on public services and infrastructure provided at the non-Indian taxpayers’ expense. Once in trust, the land and any tribal business there becomes immune from lawsuit for any and all tribal misdeeds, and they cannot be sued no matter how outrageous they are! These are the taxes, and laws and legal responsibilities that every other non-Indian business has to abide by."

Get the Story:
Jim Marino: ANATOMY OF THE ABUSE OF AN INDIAN 'EARMARK' (The Santa Ynez Valley Journal 4/28)