http://www.grandforks.com/mld/grandforks/news/opinion/13649848.htm

Posted on Wed, Jan. 18, 2006
VIEWPOINT: Don't punish tribes for Abramoff

GRAND FORKS - When the story on Jack Abramoff broke, it was reported that
in ostensibly helping American Indian tribes to pursue gaming interests, he
had defrauded at least four of them of tens of millions of dollars and had
referred to his tribal clients as, among other pejoratives, "morons." These
facts rightly were met with outrage; it appears Congress may act to
mitigate such unscrupulous behavior.

But members of Congress, fearful of being tainted by the scandal, should be
careful to avoid knee-jerk reactions that punish tribes for Abramoff's
transgressions.

Tribes may act like special interest groups at times, but they are not.
Tribes are self-governing sovereign nations that, as a result of a long and
embattled history, have been required to negotiate a flawed political
process. Since both state and federal law directly impacts tribes and their
livelihoods, it shouldn't be surprising that tribes strive to influence
political outcomes. Indeed, with doors opened by gaming revenue, many
tribes, for the first time, are meaningfully and effectively engaged in the
American political process as real players, using public-relations
campaigns, lobbying, and campaign contributions - just like other
Americans.

Lacking direct representation in Congress and faced with governmental
obligations to their members, tribes are relative latecomers to the game of
big-time politics, and the rules are not of their making. They should not
be blamed for the flaws endemic to a political system beholden to special
interests and susceptible to influence-peddling, bribery and fraud by the
Jack Abramoffs inside and outside the Beltway.

Politicians must resist the urge to make tribes, particularly those that
operate casinos, political pariahs. Instead, as many in Congress know and
some are willing to admit, it is the current state of American politics
that should be reformed.

Tribes' continuing efforts to improve reservation quality of life, through
gaming and other means, should be encouraged, not encumbered.

The Abramoff affair dovetails with concerns that the tribal gaming industry
is "out of control," rife with such unintended consequences as crime,
corruption and undue political influence. In recent years, it's been a
popular theme to portray tribes, perhaps especially those with casinos, as
naive or, worse, corrupt.

But since the advent of Indian gaming, more and more tribes have
demonstrated that they are sophisticated political entities, capable of
successfully managing complex business enterprises and translating gaming
profits into increasingly self-sufficient governments. Through tribally
owned and operated casinos, tribes have had unprecedented opportunities to
stretch their wings as effective governing bodies as well as savvy business
entrepreneurs.

In a recently published book, we document how many rural tribes, whose
members face some of the most dire living conditions in the U.S., have used
gaming revenue to reduce poverty and unemployment rates, build schools and
hospitals, pave roads and construct sewer systems, preserve and revitalize
cultural traditions and build responsive and responsible government
institutions, such as tribal courts.

Far from being unregulated, tribal casinos are subject to a complex
regulatory web involving three levels of governmental authority: tribal,
state, and federal. Tribes who violate applicable law and regulations do so
at the risk of losing what may be the first viable means of economic
development available to them in generations.

Sure, the road to self-sufficiency is a bumpy one, especially given
long-standing socioeconomic deficits and, by necessity, continued reliance
on federal resources on many reservations. Abramoff certainly didn't help.
But most gaming tribes and tribal officials are playing by the rules and
are well aware of the risks of unethical practices, not only to themselves
but to the well-being of their communities.

As has been proved in recent days, the Abramoff scandal has legs and
extends far beyond his bilking of tribes. Abramoff's corrupt and criminal
activities undoubtedly will reveal troubling issues that cry out for
political reform.

But reforms that have the effect of further excluding tribes from the
political process, or hindering Indian gaming as a tool of reservation
economic development, are not the answer.

Rand is associate dean of the UND School of Law, and Light is an associate
professor of political science and public administration at UND. They are
co-directors of UND's Institute for the Study of Tribal Gaming Law and
Policy and the authors of "Indian Gaming and Tribal Sovereignty: The Casino
Compromise."