SACRAMENTO, Calif., 21 September 2003 — These are heady times for California’s American Indians, who a decade ago had little more than aspirations. With their newfound wealth, and their willingness to spend it on candidates and campaigns, casino-rich tribes have never had more sway in state politics.
Their influence was on display during the just-completed 2003 legislative session, as tribal lobbyists pushed to pass legislation intended to give them equal footing with local government and protect their sovereignty.
And on the hustings, tribes are a dominant force. Since 1998, they have spent more than $120 million on California politics, the bulk of it on propositions to make gambling legal on Indian land.
In the recall campaign, five tribes have spent $6.6 million, making tribes the largest donors in the race. Most of that — $5.1 million — has gone to help Lt. Gov. Cruz Bustamante, an advocate of tribes’ right to govern their own affairs and the front-runner to replace Gov. Gray Davis if he is recalled.
Tribes have also begun to aid state Sen. Tom McClintock’s gubernatorial bid, having donated $580,000 to help the Republican. A strong showing by McClintock could be a boon to Bustamante. Also an advocate of tribal sovereignty, McClintock could pull support away from Bustamante’s closest rival, Republican actor Arnold Schwarzenegger, who angered some Indian leaders by calling them “special interests.”
On Friday, three tribes spent more than $1.4 million to ship mailers and to air TV spots for Bustamante and McClintock.
The political largesse has left some sounding alarms.
“I think there will be a backlash” from the contributions of $500,000 to $2 million from single tribes, said Paula Lorenzo, chairwoman of the Rumsey Band of Wintun Indians. “Tribes will be perceived as the rich kids on the block, out there throwing dollars.”
Lorenzo called tribal donations to Bustamante a “gross amount of money,” especially given that California voters approved a proposition in 2000 that caps donations to campaigns for governor at $21,200.
“The money,” she said, “is going to work against us five years from now, 10 years from now.”
The Rumsey band has given one $25,000 check to Davis. But it could dole out seven-figure checks if it wished. The band has been a pioneer in Indian gambling, having opened a bingo hall 40 miles west of Sacramento in 1985. Next spring, the 46-member band will open a new casino featuring 2,000 slot machines, eight restaurants, a 200-room hotel and an 18-hole golf course.
Lorenzo noted that most American Indians in California remain in poverty and couldn’t spend on campaigns even if they wanted to. She worries that in time, legislators will conclude that tribes have enough money and will declare: “We’re not giving the tribes anything more; they can afford it themselves.”
In far Northern California, 4,568 Yurok Indians live on a reservation that stretches from the mouth of Klamath River 44 miles upstream. Three-fourths of the tribe’s members are unemployed. Phone and power lines do not reach much of the reservation. There is no casino on Yurok land; it’s too far from population centers.
Yurok Chairwoman Susan Marsten said she is pleased that some tribes can donate large sums to political campaigns. The money ensures access that once was only for wealthy individuals and major corporations, she said.
“There is a level playing field for the first time in history, and that is good,” Marsten said in a phone interview. “But people need to recognize ... there are huge disparities between the haves and have-nots.”
California has 107 federally recognized tribes — more than any state. Of those, 54 operate casinos. Fewer than 20 have casinos with the maximum 2,000 slot machines permitted by state law.
Of the wealthy tribes, a minority are major political players. This year, seven tribes have donated $7.8 million to state and local campaigns, including the cash for Bustamante. Two Southern California tribes, the Pechanga Band of Mission Indians and the Viejas Band of Kumeyaay Indians, have spent $4.5 million between them to help Bustamante’s gubernatorial effort. By contrast, all labor unions combined had spent about $4.2 million on the recall through Friday.
“This is a proud contribution for the Viejas people,” said Bobby Barrett, a member of the Viejas tribal council. “Cruz Bustamante is our friend; he understands sovereignty. He has been here. He has listened to our elders. He has sat with our kids. He has learned our stories and our values.”
Democrats, who hold most offices in Sacramento, receive a majority of tribal dollars. The California Democratic Party and the state’s Senate and Assembly Democrats have received $586,000 this year from tribes, compared with $337,000 for the state GOP and Republican legislators.
Like all major donors, tribes have ready access to legislators. In the closing hours of the legislative session, one of the leaders of the Morongo band and her lobbyist were in the Assembly speaker’s quarters, making their case on pending measures.
Tribes also retain some of the most effective lobbyists in town. As their power has grown, they have blocked expansion attempts by other gambling enterprises, such as racetrack operators and card rooms. Racetracks, for example, covet slot machines — and the tribes routinely have kept such efforts bottled up.
“With the kind of money they have, they can defeat anything they see as an incursion,” said former state Attorney General John Van de Kamp, a Democrat who represents horse-racing interests.
When Van de Kamp left politics a decade ago, oil companies, the insurance industry, trial lawyers and a few other interests were major players. Now, tribes are among the most powerful forces in the Capitol.
“Everything else pales by comparison to what the Indians can put together,” Van de Kamp said.
Tribal lobbying on gambling measures attracts the most attention. But their lobbyists advocate for an array of other issues as well. They have urged that more American Indian history be taught in schools. Tribes with police forces have sought more law enforcement authority.
Tribal lobbying is not always successful. The year’s highest profile legislation not related to gambling was SB 18, by Senate President Pro Tem John Burton. It would have given tribes some say over development at or near more than 500 sacred sites. But in the face of opposition by the California Chamber of Commerce, utilities, oil companies, local governments and others, the measure failed.
At the same time, tribes won a major fight. Despite opposition from several counties, lawmakers approved a bill — 34-0 in the Senate and 65-0 in the lower house — giving tribes veto power over expenditures from two state funds they pay into from casino profits.
They are obliged to contribute about $130 million a year to one account to aid tribes without casinos and the other to ease their casinos’ impact on state and local government. The latter fund contains about $25 million — a “drop in the bucket,” said lobbyist DeAnn L. Baker of the California State Association of Counties. San Diego County alone places the price of improving roads to casinos in once-rural areas at $150 million.
Davis has not decided whether to sign the measure, SB 621 by Burton and state Sen. Jim Battin.
In Sacramento, tribes jealously protect their sovereignty, a legal status that ensures they are exempt from taxes and most state laws and local ordinances.
To the dismay of many tribal leaders, Davis earlier this year proposed that they pay $680 million to the state in exchange for the privilege of expanding their casinos.
Viejas says there is sufficient demand to enlarge its casino beyond its current 250,000 square feet with 2,000 slot machines. On weekends, said tribal council member Barrett, “there is a waiting line at the freeway to get onto the property.”
The band wants to negotiate revisions to the current gambling pact with the governor, whoever that may be, but only “if the price is right.” Barrett said the $680 million request shows Davis “doesn’t know what he is talking about.” The tribe could not afford its share of such a fee, he said.
“What the tribes are looking for is a governor who is going to show respect and treat tribes the way they should be treated,” said Vincent Armenta, chairman of Santa Ynez Band of Mission Indians, which has remained on the sidelines in the recall campaign.
“I can tell you Gov. Davis has no respect for tribal sovereignty that I’ve seen.”
Other tribes that have a stake in the outcome haven’t spent directly on the recall race.
