American Indian activists have high hopes for the new Barack Obama administration -- including the hope that the issue of tribal disenrollments could finally be on the president's radar.
Many say they are closely watching who Obama will appoint
to head the Department of the Interior, which overseas
the Bureau of Indian Affairs (BIA). Meanwhile, the inclusion of disenrollment and other
issues of importance to tribes have made it into a
list of recommendations for question to ask potential
Interior appointees issued by the federal General Accountability
Office.
Activists, particularly in California, have tried for
years to get the BIA to take more action against tribes
that disenroll--that is, kick out--members. In some cases, when people are disenrolled
from tribes, there is some claim made against the genealogical
status as legitimate tribal members. Disenrollments
have skyrocketed in recent years, at
the same time that casino profits have been kicking
in for a few tribes, particularly in California. Up
to 2,000 people have been disenrolled from California tribes
in the past few years.
"We would hope that considering his background as a
civil rights attorney and professor, he would understand
the situation and that those under him would take some
direction from him," said John Gomez, Jr., president of the American Indian
Rights and Resources Organization (AIRRO).
Gomez founded the organization after he was one of
250 people disenrolled from the Pechanga tribe in 2004, costing him his health benefits about about $15,000 a month in payments from the tribe's casino. The Pechanga tribal government has repeatedly
said his and other disenrollments were legitimate.
He and others said that the Obama campaign has probably
done more to reach out to American Indians than any
other major party presidential nominee in history.
Last year, Obama appointed Keith Harper, a well-known attorney and a member of the Cherokee Nation,
to head his outreach to Native communities.
Last month, he named Harper and five other American
Indians to his transition team. Harper was an plaintiff's attorney on the Cobell vs. Kempthorne case. This
was a massive class action case charging Interior and
Dick Kempthorne, the agency's director since 2006, with massive mismanagement of assets they held on
behalf of American Indians.
While Harper is likely to get an appointment at Interior
of elsewhere, he is not among the names being floated
as director of the department. The two names that come
up most often in connection to that job are Rep. Mike
Thompson, D-Napa, and Kevin Gover, director of the Smithsonian's National Museum of the American Indian. Thompson
has long been considered friendly to tribal issues; he has already been endorsed for the job by one California
tribe, the Karuk.
Gover may be a somewhat more controversial figure.
He's an Indian himself, a member of the Pawnee Tribe of
Oklahoma, as well as a former University of Arizona
Law Professor. He also used to work as an assistant
secretary of the Interior, during a time when the office
was held in contempt
of court at one point for failing to produce documents
as part of the 12 year old Cobell lawsuit. This were also allegations
of Gover intervening on behalf of gaming tribes while
at Interior.
"A lot people felt that he pushed through some things
in connection to several gaming tribes that kind of
snuck in under the table," Corey said. "I think there would probably be some resistance to
Kevin Gover."
But Corey, a former member of the Picayune Rancheria
of Chukchansi Indians, said either would be better
than the current regime at the Interior. One major
point in Gover's favor, she said, was that he has paid attention to
disenrollment issues. Recently, why appearing on the
Indian-themed news radio show "Native America Calling," he said that tribes that kicked out members were "not acting like nations." BIA officials have repeatedly claimed ignorance of
the scale of disenrollments, Corey said.
"I know that's untrue, because practically everyone I know whose
been disenrolled has been on the phone with them," Corey said. "Most of those people have received absolutely no response."
Corey said that either Gover or Thompson would likely
pay more attention to the issue. There are also signs
that the BIA may start pushing back against disenrollments.
Earlier this month, the agency announced they would
not accept a decision by one California tribe, the
San Pasqual Indian Band, to eject 60 members. The San Pasqual has an unusual constitution,
which gives the BIA power over tribal membership; most tribes are completely sovereign in that regard.
Both Corey and Gomez also pointed to a November report
from the GAO, "Confirmation of Political Appointees." The report lists questions that should be asked of
appointees to numerous executive branch jobs. It brings
up several issues of interest in Indian country that
Interior nominees should be knowledgeable about, including
health care, sovereignty and economic development.
It is also essentially the first time the GAO has brought
up disenrollment, they said.
This is a regular document that the agency puts out,
according to Robin Nazarro, director of Natural Resources
and Environment at the agency. The current version
is a more complete, well-thought out work put out whenever a new administration
comes in.
"Given that we knew there had been disputes among tribal
members and among tribal leaders, and that they were
occurring more frequently, it was a priority, especially
for someone who would be considered for Secretary of
the Interior," Nazarro said.
Laura Wass, San Jaoquin Valley director of the American
Indian Movement, said that many in Indian Country are
hopeful about the new administration. Except when casinos
were involved, she said, the Bush Administration generally
ignored Indian issues, repeatedly cutting budgets at
Interior and the BIA. Meanwhile, life expectancy among
reservation Indians has fallen to 47, teen suicide rates have risen to four times the national
average, and many other indicators of well-being have deteriorated.
She joined Corey in saying that either Thompson or
Gover would be a step up.
"We can't say what they'll do, but they'll lend an ear to the issues," Wass said. "At least we will not be dealing with those in ignorance.
We'll be dealing with those with firsthand knowledge."
