I don’t envy Larry EchoHawk and his potential appointment as the “damned” assistant secretary of interior for Indian affairs.
However, I do support his appointment, if for no other reason than his record of public service and advocacy for Indian tribes as an attorney.
I say “damned” because, as head of the BIA, you are damned if you do and damned if you don’t. The tribes will be the first to kick him around if he does not do what they want, and the members of Congress who control Indian affairs will take him down if he advocates for Indian tribes beyond what the politicos will accept. I know – I’ve “been there, done that.”
I hope readers will consider the sector from which the first salvo against Larry EchoHawk came, the non-Indian lawyer/lobbyist sector. I am no longer engaged in the active practice of federal Indian law because I became so thoroughly disgusted as to the billing practices of non-Indian lawyers and lobbyists with regard to their tribal clients. I believe in tribal wealth creation, not exploitation. Unfortunately, many tribes, especially gaming tribes, seem to be of the faith that only non-Indians can best serve their lawyer and lobbying needs. If, therefore, the non-Indian lawyer/lobbyists are lining up against Mr. EchoHawk, I sincerely hope he gets the nod and gets confirmed.
I also hope that Mr. EchoHawk affects a policy of talking to Indian leaders and not meeting with their non-Indian lawyers and lobbyists. If Indian leaders do not know their issues enough to coherently present their case to the assistant secretary than you can be assured that their lawyer/lobbyists are the ones pushing the issue. It has always amazed me how some tribes will use a shovel to fill the brief cases of non-Indian lawyer/lobbyists with cash, yet “sideline” their Indian attorneys (usually in-house and paid a fraction of what their outhouse counterparts are paid).
This is not about race; it’s about nation building and Indians doing for Indians. We have to believe in ourselves as nations singularly and collectively first if we expect others to believe in our Indian nationhood. Part of this includes believing in our own personal capabilities and the capabilities of Indian people. When we don’t, we put non-Indians in a position of power over us. Too often, tribes that should know better prefer not to hire Indians and would rather put non-Indians in positions of control over their businesses or casinos and their governments. I point to the fact that after 20 years of IGRA “our” gaming industry is still dominated by non-Indian management, suppliers and lawyers/lobbyists.
It’s not that I think Larry EchoHawk is the be all and end all of the Indian legal sector. There may be some other very good Indian candidates out there and I’m sure they are being seriously considered given the thorough manner in which this administration is screening its nominees, even for second – and third-tier appointments. It is because Echohawk is not only about Indian gaming that I think he should get the appointment.
There are still tribes, mostly those in the Heartland, that desire someone who will address the other major issues of Indian country, not just gaming. I also hope he’s savvy enough to not go too far out on a limb at the behest of tribes, especially gaming tribes, because they certainly will not remember it when he leaves federal service. They will focus on one or two decisions upon which they felt he should have sided with them. They will not remember the positive things he did for more than a few months and they certainly won’t beat a path to his door when he re-enters the private sector. That is unless some large, non-Indian firm decides he’ll be a rainmaker. Nothing wrong with that – it should happen more often to our Indian professionals who do their service in D.C. Knowing what I know about Larry EchoHawk and the integrity of his family in their service to Indian tribes, that is not what he is about.
The cynics will say I’m bucking for a job with the new administration. I’m not. I’m happy with my scaled-down life in the boondocks and I have not applied to the president’s transition team. My name has been mentioned in a couple of meetings, but I am too tainted with the majority leader and others with whom I fought on behalf of Indian tribes when I was at the NIGC. I was condemned by members of Congress for being too much of an “advocate” for Indian gaming. Tribes quickly forget those kinds of things and Larry EchoHawk would be well-served to remember that.
Harold Monteau is an Indian attorney living on Coeur d’Alene Indian Reservation in Northern Idaho. He is the former Chairman of the National Indian Gaming Commission in the Clinton Administration. He can be reached at hamlaw@live.com.
