9-7-16 More Crony Capitalism

Political cronyism should not govern tribal recognition

Elise Daniel
Press Secretary, House Committee on Natural Resources

The current tribal recognition process under the Bureau of Indian Affairs (BIA) is severely flawed, fraught with political exploitation and cronyism. Ahead of tomorrow’s markup on H.R. 3764, let’s take a closer look.

Take Michael J. Anderson and Kevin Gover, for example, both BIA Clinton administration appointees. In the waning days of the Clinton administration, they “quietly reversed” the recommendation of the Department of the Interior (DOI) historians and recognized three Indian tribes, granting them the opportunity to open casinos. Immediately after stepping down from their positions at the DOI, both Anderson and Gover entered lucrative positions representing gaming tribes. Interesting…

In 2001, the Boston Globe reported, “Gover personally rewrote the staff’s findings, inserting his own conclusions to affirm the tribe’s authenticity while editing out years of work by government historians, anthropologists, and genealogists.” Instead, he said he relied on his own “inference,” ignoring that the tribe did not qualify for federal recognition. Anderson also rejected the historians’ recommendations.

The kicker: Gover’s decision came at the same time the tribe was considering opening a casino. And he ruled, just five days before leaving office, that “that the tribe did not have to conduct an environmental impact study on a facility that would include 4,000 slot machines, a hotel, golf course, and water park, located about an hour’s drive from both Chicago and Milwaukee.”

A 2002 DOI report stated Gover acknowledged the decisions were political.

Recognition, a solemn act of the federal government vested with Congress under Article I, is fraught with delays, lacks public transparency and is susceptible to political exploitation. That’s why, tomorrow, the Committee will mark up H.R. 3764, the Tribal Recognition Act of 2015. This bill…

CREATES PROCESS INTEGRITY: Creates consistent guidelines and processes, protecting the integrity of federal recognition for new and existing tribes.
RESTORES CONSTITUTIONALITY: Invoking Article I, Section 8, Clause 3 of the Constitution, H.R. 3764 reasserts the plenary power of Congress over recognition.
CREATES ACCOUNTABILITY: Establishes uniformity and informed, historical analysis.
PROVIDES TRANSPARENCY: Assures public notice is given and that input from all sides is considered by Congress, as opposed to allowing the BIA to make up all the rules which may restrict notice and the fair consideration of input.

To learn more about H.R. 3764, click here for a summary and here for an infographic. Please reach out if you have any questions.

Elise Daniel
Press Secretary

House Committee on Natural Resources

1324 Longworth House Office Building

Washington, D.C. 20515

(202) 225-3998 | @NatResources

Alaskans Wishing For Their State To Become More Globally Competitive, Less Self Centered and More Economically Sustainable Should Pay Attention To This Viewpoint Of This Foreign Reader

Dave,

IMHO there is precisely zero chance that any real-life LNG buyers will sign up to the latest AKLNG project configuration – and without that everything else is just time wasting. But some people can make money spinning those wheels.

Unfortunately small scale stuff – but important for the State – like Athna (or Doyon, etc? – these are good local people doing stuff in good faith) drilling is completely sacrificed on the altar of AK’s very simple position of not paying money that is owed.

Like you (in a very small way of course in comparison) I love the State’s potential – but Jeez…..

My blunt summary of the current position of AK’s governor: “if we pay no taxes; find LNG skills better than those in the Super-Majors; find lenders who are incredibly dumb; find even dumber – but credit-worthy – buyers; negotiate a cheap NS gas offtake with recalcitrant Super-Majors….and – have a bear-skin rug in Houston – then we might make a 3-6% rate of return project for ourselves”. In the meantime – kill oil and gas investment in the State by not paying money owed (i.e. the incentive credits) to parties who thought in the US that “a deal is a deal”

By wpnorthern|2016-12-22T22:26:55-09:00September 7th, 2016|Uncategorized|0 Comments

About the Author: wpnorthern

Dave Harbour, publisher of Northern Gas Pipelines, is a former Chairman of the Regulatory Commission of Alaska, a Commissioner Emeritus of NARUC, NARUC's Official Representative to IOGCC and Vice Chairman of NARUC's Gas Committee. He served as Gas Committee Chairman of the Western Conference of Public Service Commissioners. He also served as commissioner of the Anchorage Bicentennial Commission and the Anchorage Heritage Land Bank Commission. He earned a Bachelor of Arts Degree: English, at Colorado State University, a Master of Science Degree: Communications-Journalism at Murray State University and graduated from Utility Regulatory School for Commissioners at Michigan State University. He served as a Vice President for Communications and Public Affairs at Alaska Pacific University, taught bank marketing classes at the University of Alaska and was an English teacher at Los Alamos High School. Harbour served in ranks of Private - Captain during a 4-year assignment with the Army in Korea, Idaho, Georgia and Fort Meade and received the Meritorious Service Medal among other commendations. Harbour is also a past Chairman of the Alaska Council on Economic Education, the Alaska Oil & Gas Association Government Affairs Committee, the Anchorage Chamber of Commerce, the Export Council of Alaska and the Department of Commerce's District Export Council. He is a past President of the Alaska Press Club, American Bald Eagle Foundation, Consumer Energy Alliance-Alaska and Common Sense for Alaska. Harbour was instrumental in founding the American Bald Eagle Research Institute (UAS), the Alaska Support Industry Alliance, the Downtown Anchorage Business Partnership, and Arctic Power. He also served as CEO of several small Alaska organizations, including the Anchorage Parking Authority and Action Security, Inc. Harbour is also Chairman Emeritus of the Alaska Oil & Gas Congress. Harbour's wife, Nancy, is a professional, performing arts administrator and his three boys, Todd, Benjamin and William work in the fields of environmental management, energy marketing and medicine.