Tribes Across the Nation Support Land Reforms. So Why Is Biden Dragging His Feet?

We are federally recognized tribes from across the United States and we write today in strong support of the Department of the Interior’s proposed improvements to the land restoration process which will better enable tribal governments to fight poverty, address the scourge of missing and murdered Indigenous People, and eliminate the stark health disparities plaguing our people.

There is a common misperception that all tribes profit from gaming. Although some tribes do enjoy tremendous gaming success, most struggle to provide vital government services like health care, housing, and education for our members.

For example, in 2021, just eight percent of all tribal casinos made 52 percent of the entire tribal gaming industry’s revenue. This economic disparity plays out in tribal communities like ours with lower rates of education, lower household income, and significantly worse health outcomes than non-Native people in the U.S. While gaming often presents the only viable economic development option for tribes, it requires also a parcel of land that has been transferred into trust for that tribe.

What are we doing about that?

Well, to start, many tribes are trying to restore their land base. Unfortunately, today this process is difficult. It takes money to buy the land, and then more money and time to convince the Federal government to put the land into trust for any purpose. The current regulations guiding this process are outdated and need significant updates.

Thankfully, last year, the Biden Administration proposed needed regulatory reforms that balance the federal trust responsibility to tribes with the concerns of broader communities. Regrettably, a tiny minority of wealthy tribes and their special interest friends oppose these important reforms, even though these changes would both help virtually every tribe in the nation and provide more clarity and efficiency to all parties involved. They appear to prefer to maintain a system of “haves and have-nots,” often laying their heavy finger on the political scale against poorer tribes simply trying to provide for their citizens’ needs.

In fact, today, the Biden Administration has not approved a single fee-to-trust application for gaming. In comparison, the Trump Administration had approved three by this time in its term.

Most tribes support these necessary reforms, in stark contrast to a recent editorial in these pages in which two tribal leaders and a former tribal leader raised the bizarre allegation that the proposed rules represent some kind of “neo-colonial” approach to Native American affairs. That opposition is puzzling, given that their individual opinions appear to be directly at odds with the official positions of their own tribes. We suspect that these misguided outlier opinions find their motivation in something other than a desire to improve living conditions and health outcomes for all American Indians and Alaska Natives.

The following tribes (and many others) are on the record in general support of these reforms: Coquille Indian Tribe, Confederated Tribes of the Umatilla Indian Reservation, Seminole Tribe of Florida, Shoshone Bannock Tribes of the Fort Hall Indian Reservation, Ione Band of Miwok Indians, Mississippi Band of Choctaw Indians, Pueblo of Jemez, Pueblo of Taos, Pechanga Band of Indians, Yocha Dehe Wintun Nation, Wilton Rancheria, Spokane Tribe of Indians, Mooretown Rancheria, Miccosukee Tribe of Indians, Tunica-Biloxi Tribe of Louisiana (“…the Department’s draft revisions to the Part 151 regulations are an important step towards improving the process of taking land into trust.”), Confederated Tribes of the Colville Reservation, Rincon Band of Luiseno Indians, San Manuel Band of Mission Indians, Pueblo of Isleta, Guidiville Indian Rancheria, Mashpee Wampanoag Tribe, Coalition of Large Tribes, Wampanoag Tribe of Gay Head (Aquinnah), Caddo Nation, Agua Caliente Band of Cahuilla Indians Tribal Council (“On the whole, the Tribe supports the Part 151 proposed rule and believes it incorporates significant tribal consultation feedback… .”), Federated Indians of Graton Rancheria, Blackfeet Nation, Poarch Band of Creek Indians, Mohegan Tribe of Indians, Karuk Tribe (“We appreciate this Administration’s efforts to make improvements to the fee-to-trust process that respects tribal sovereignty… .”), Shingle Springs Band of Miwok Indians, Squaxin Island Tribe, and Cheyenne River Sioux Tribe.

The truth is that tribes broadly support these much-needed reforms. We thank the Department for bringing the fee-to-trust process into the 21st Century and we urge Secretary Haaland to finish this good work.

Signed,

– The Coquille Indian Tribe

– The Confederated Tribes of Siletz Indians

– The Guidiville Rancheria of California

– Wampanoag Tribe of Gay Head (Aquinnah)

– Sault Ste. Marie Tribe of Chippewa Indians

– Stockbridge-Munsee Community Band of Mohican Indians