Indian Country is preparing for what may come during the second administration of President Donald Trump, and panelists at an Indian Gaming Association (IGA) webinar expressed some anxiousness over tribal sovereignty and other issues.
In a Wednesday webinar, “The New Normal: The Chaos of the First Two Weeks of the Trump Administration,” the panelists agreed they’re worried about how executive actions and policy shifts might impact tribal government, gaming enterprises, economic development, and other issues. For example, the new administration rescinded an executive order by President Joe Biden that bolstered support for tribal colleges and universities.
“We don’t know what’s coming down the pike,” said Victor Rocha, IGA conference chair. “We just know it’s going to be bad. It’s very important for us to keep our powder dry and our heads together and provide the type of sanity people are desperately seeking in all of this.”
The panel discussed the confirmation of North Dakota Gov. Doug Burgum to head the Department of Interior, which administers programs for tribes.
Rocha said he’s glad Trump didn’t choose South Dakota Gov. Kristi Noem, who he said has had a contentious relationship with tribes.
“Doug Burgum has a good relationship (with tribes), unless you talk about online gaming,” Rocha said. “He said no to online, since expands beyond what you’re doing. He’s not very progressive, but but protective of tribal rights. He’s not the worst we can do.”
Mark Trahant, founding editor of Indian Country Today, is concerned about U.S. energy production. If Burgum implements an energy emergency and oil companies and other extractive industries want to develop natural resources, the government will allow that to happen — even if the tribes say no.”
Trahant said the White House will drive the policy and even as a cabinet-level secretary, Burgum won’t have the same authority that former Secretary Deb Haaland had in the Biden Administration.
“Everything will be cleared through the White House, making it even more difficult. We have a Congress with an inability to govern. The House has a one-vote majority. The ability to get something affirmative passed will be extraordinarily difficult. You’re already seeing it with a budget resolution. That allows a vacuum and the administration can say since Congress can’t do it, we will. That allows them to ignore the law.”
The panelists talked about Trump calling on the federal government to recognize the Lumbee Tribe of North Carolina, a group whose identity has been scrutinized by tribes.
“It’s not a very popular decision in Indian Country, but very popular in North Carolina,” Rocha said. “Are they going to expansion gaming in North Carolina? The tribe wants to have it. The Catawbas are trying to get their feet underneath it and it’s been a mess. The Eastern Band of Cherokees don’t want any of that, but they seem to have lost their voice in that political battle.”
In handicapping the next four years, Rocha said tribes can safely say that under the new administration, there won’t be any approval for off-reservation gaming.
The Trump Administration may also revisit a Biden Administration decision that allows the Coquille Indian Tribe to build the Cedars at Bear Creek casino in Medford, Oregon, the first off-reservation casino to be approved by the federal government in Oregon; the controversial casino would be 170 miles away from the reservation in North Bend.
“I think companies will take another swing at the tribes and try to keep them on the reservation,” Rocha said. “It’s not a time to go on autopilot, but to stay active and involved. We need to be protective of the gains we’ve made. We’ll be playing defense and should remember to play offense.”
Trahant said if there’s a transactional process, the concept of off-reservation gaming might be spared.
“If an off-reservation investment involves a Trump hotel and his son’s involved, it might happen. They aren’t following the rule of law, but they’re following transactions. Because of that, it’s a whole different ball game in terms of a strategy.”
Jason Giles, IGA’s executive director, said that tribal leaders from around the country are going to Washington, D.C., next week to develop strategies and talk with lawmakers. He fears a burgeoning illegal market with sweepstakes and if the Department of Justice is gutted of personnel, that creates enforcement concerns.
“We hunker down and fight smart,” said IGA Chair Ernie Stevens Jr. “We can’t think it’s going away. We have to be on the front line to provide the necessary education so folks understand the supreme law of the land, our treaties and sovereignty, and why we act as governments in Indian Country. We have to stand our ground in a good way.”
Rocha pointed to “real-world consequences for this chaos.” The fight will take place at the state level and lobbying is important.
Trahant agreed that the relationships with states will be key. He wondered why, in states where tribal gaming is a large employer, the tribes aren’t treated as if they are. “Somehow that argument needs to be reversed. The power of employment is really important.”
Rocha maintained the importance of talking about revenue and jobs for local communities and economies.
“If folks are coming after us, they’re coming after America. Half of our 700,000 employees aren’t Indians,” Stevens said. “The (non-tribal staff) work and put their kids through college in our industry. We’re all in this together. It’s not just about taking care of our elders and communities. We take care of a lot of folks who go beyond the reservation boundaries.”
