First and foremost, Indian tribes are sovereign nations – governments – with a vision for the future of our peoples. When the first Europeans arrived in what is now the United States, they set up schools, and made an offer to tribal leaders: “Send your children to us and we will educate them.” Tribal leaders politely declined because a European education was not culturally appropriate for Native American children. One chief made a counter offer, “Send us your children and we will teach them how to live off the land, in harmony with the natural world.” We do not have a written record of the colonists’ response, but history tells us that this kind offer was declined.
From the first days of the United States, Indian nations maintained their right to self-government. Legendary chiefs, such as Red Jacket, Tecumseh, Osceola, Red Cloud, Cochise, Crazy Horse, and Dull Knife, fought to protect our ways of life and our right to pass on our traditions and values to our children and grandchildren. Solemn treaties state, “From this day forward all war between the parties to this agreement shall forever cease. The Government of the United States desires peace, and its honor is pledged to keep it.” Although the United States often broke the peace and instead implemented policies of assimilation and genocide against our peoples, the treaty guarantees of tribal self-governments are still the “Supreme law of the land” according to the United States Constitution. That Constitution requires that the United States government honor those treaty obligations.
The legacy of the Indian wars and western expansion dispersed tribal communities across the nation. Tribes were left to eke out the most meager living on the poorest corners of our aboriginal lands, or, worse yet, were “removed” from our ancestral homelands to places west of the Mississippi in the 19th century version of “ethnic cleansing.” Other policies encouraged the slaughter of our food sources and prohibited Indian people from practicing our Native religions and speaking our Native languages. The results of these policies: poverty and destitution.
However, tribal governments and Indian people – all but forgotten and pushed aside – persevered. Since the late 1960s, beginning with the Shakopee Sioux Tribe and others, tribal governments have exercised their original, inherent powers of self-government by using gaming – just as states use lotteries – as a means of creating employment and generating a steady stream of tribal governmental revenue. Indian gaming has proved to be the most important avenue for tribal economic development. In just 30 years, Indian gaming has had a substantial impact on Indian communities – and is beginning to reverse the devastation of the policies of the 1800s. Indian gaming generates over 300,000 American jobs, provides tribal governmental revenue to build essential infrastructure such as schools, health clinics, roads, clean water systems, communication systems, and recreations centers – and also helps fund essential programs such as education, health, child and elder care, law enforcement and fire protection programs, water and sewer services, and many other essential governmental programs.
Not only is Indian gaming beginning to turn around tribal economies – it is also helping non-Indian communities in economic need. Today, with the economic slowdown across the United States, many states are facing difficult budget shortfalls. Given the historic destruction of tribal economies and the fact that most Indian tribes are just taking the first steps on the long road to economic self-sufficiency, it is ironic that tribal governments now are aiding state and local communities.
Indian tribes – through gaming operations – provide a substantial number of jobs to non-Indians. While most Indian gaming jobs in rural communities go to tribal citizens – many Indian gaming jobs closer to urban areas go to employ non-Indians. In addition, tribal governments make substantial charitable contributions to the local communities. In fact, Indian tribes contribute over $70 million each year to state and local governments and charitable organizations for everything from road construction and law enforcement and fire safety equipment to helping fund hospitals, education programs, and other governmental projects. Finally, through Indian gaming, tribes indirectly contribute to federal, state and local budgets. Employment and economic activity caused by Indian gaming increases federal, state and local payroll, vendor, employee income and other taxes, and revenue sharing and other fee agreements to the tune of $6 billion annually.
Considering the question of revenue sharing, the first principle is that Indian tribes are governments – and as governments – cannot be taxed by other governments. Thus, just as state lottery revenues are not subject to taxation – tribal government revenues are not subject to state taxation. The Indian Gaming Regulatory Act reflects this principle by providing that if a state asks for taxation during compact negotiations – such a request is prima facie evidence of bad faith. The Secretary of the Interior has, however, permitted revenue sharing agreements, where there is a clear, substantial benefit to the tribal government to justify revenue sharing and ensure that it is not simply a state tax in disguise. Caution must be exercised in this area, because revenue sharing is the exception, not the rule, and revenue sharing cannot be justified in many regions of Indian country.
So, in our view, states and local governments must first recognize the substantial benefits to their communities because of Indian gaming. They should continue to support Indian gaming for the jobs, economic development and increased revenue that it generates. And they should not forget that tribal governments must first take care of their own communities, which still have a long way to go to reverse the economic devastation of the 1800s. Again, it’s ironic that the governments which aided in that devastation now seek Indian country’s aid. Nevertheless, tribes realize that we are all in this together. They will continue to help their neighbors – as long as they are shown the respect and recognition they have earned.
Mark Van Norman, a member of the Cheyenne River Sioux Tribe in South Dakota, is the Executive Director of the National Indian Gaming Association in Washington, D.C. His work involves protecting and enhancing the sovereignty of Indian Nations and their right to conduct gaming as a means for economic development.
