The 2020 Elections
Gambling on Bernie , Biden or Bloomberg
By Michael Anderson
Since President Ronald Reagan signed the Indian Gaming Regulatory Act , every president of the United States has had a critical role in Indian gaming . Whether it ’ s by their political appointments at the Department of the Interior or the National Indian Gaming Commission , or the policies they promulgate , presidents can accelerate or inhibit the growth of Indian gaming . I was honored to serve as deputy assistant secretary for Indian Affairs for President Clinton during a six-year period when Indian gaming gross revenues grew by $ 10 billion .
President Trump ’ s administration has generally been favorable to Indian gaming , with some notable exceptions regarding the Mashpee tribe of Massachusetts and a halt to trust-land acquisitions in Alaska . As the 2020 presidential campaign progresses , it ’ s worth examining the Indian gaming policies of three candidates likely to be finalists for the Democratic nomination for president : Vermont Senator Bernie Sanders , former Vice President Joe Biden , and former New York City Mayor Michael Bloomberg .
None of the three Democratic candidates above has an explicit position regarding Indian gaming . Sanders ’ policy statement on Native American issues focuses largely on social and environmental issues , like climate change , violence against native women and health care . In direct conversations I ’ ve had with Senator Sanders , he expressed strong support for tribal sovereignty , treaty rights and land protection , which would seem to bode well for tribal self-determination and Indian gaming .
Sanders has not been quoted saying any disparaging remarks regarding Native Americans generally , or with regard to Indian gaming , like President Trump in the early 1990s ( before he partnered with an Indian tribe ). Sanders , however , has not noticeably championed the Vermont state-recognized Abenaki Tribe in its efforts to seek federal recognition after being rejected by the Bureau of Indian Affairs . He also has not sided with the tribes with respect to the proposed Tribal Labor Sovereignty Act , and its goal to remove federal agency jurisdiction over employees in tribal commercial enterprises , like casinos . Even so , it doesn ’ t appear that Indian gaming would be negatively affected by a Sanders presidency , and his outreach to Native American leaders on the campaign trail indicates he would consult with tribes on major issues and likely appoint officials favorable to native interests .
Clockwise : former New York City Mayor Michael Bloomberg ; former Vice President Joe Biden ; and Vermont Senator Bernie Sanders
Biden has a long history of working on Native American issues , both as vice president and as former chairman of the Senate Judiciary Committee . His most direct work affecting Native Americans has been on the Violence Against Women Act provisions , dealing with tribal jurisdiction and on the application of the death penalty on Indian reservations . Biden has received high marks from tribal leaders on these issues .
The Obama-Biden administration generally enjoyed strong support on its handling of native issues , after a very slow start at the outset of the administration in handling gaming land acquisitions . As a senator , Biden generally deferred to the Senate Committee on Indian Affairs on Indian legislative matters , and would most likely work closely with this committee and the House Resources Committee if elected president . Biden has not issued a Native policy statement to date , but has expressed remarks at 2020 Native American issue forums supportive of tribal sovereignty and decision-making . Like Sanders , a President Biden would more than likely appoint Department of the Interior officials supportive of Indian gaming .
Bloomberg is a wild card with respect to Indian gaming . As a late entrant to the 2020 presidential race , he has not , to date , issued a Native American policy . However , he has been meeting privately with tribal leaders , most notably in Oklahoma . As mayor , Bloomberg did not have extensive relations with the federally recognized tribes in New York , including the Shinnecock Nation on Long Island , where Bloomberg has a home .
Regrettably , in August 2010 , just after he was elected to a third term as mayor , Bloomberg supported New York Governor David Paterson ’ s plan to tax cigarettes on Indian reservations . While the plan failed and was widely opposed by the tribes in New York , Bloomberg continued to support the plan , and colorfully added that the governor should “ get yourself a cowboy hat and a shotgun ,” and alluded to Paterson standing in the middle of the New York State Thruway saying he was going to “ enforce the law .”
Mayor Bloomberg was widely ridiculed in Indian Country for these comments , and they have resurfaced during the current campaign . Bloomberg doesn ’ t have a record of opposing commercial casinos generally , and even proposed casinos in New York City as mayor . To set tribes at ease during the campaign , Bloomberg would do well to elaborate on his support for tribal jurisdiction vis a vis state governments . Given his lack of experience in Indian Country as compared to Sanders and Biden , Bloomberg is the biggest risk and unknown with respect to the future growth of Indian gaming .
As the campaign progresses , native leaders would be well advised to gather more specifics on Indian gaming from each of these candidates .
Michael Anderson , Anderson Indian Law , is based in Washington , D . C ., and has practiced Indian law and policy for 35 years . In 2019 , he was awarded a Lifetime Achievement Award by the Native American Bar Association of Washington , D . C . He can be contacted at mandersonk @ andersonindianlaw . com .
24 TRIBAL GOVERNMENT GAMING 2020