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Monday, April 11, 2011

Dianne Feinstein's Anti-Reservation Shopping Bill Getting Negative Response;

Anti reservation shopping bill introduced by Democrat Senator Dianne Feinstein, co-sponsored by John Kyl is receiving negative reviews....

Indian Country Today has the story:

That was the first thing people noticed about Sen. Dianne Feinstein’s newest version of her anti-Indian gaming bill, which was introduced late on Friday, April 8. The second thing is that the bill, co-sponsored by Sen. Jon Kyl, is misnamed “The Tribal Gaming Eligibility Act.”

“Instead of naming it the Tribal Gaming Eligibility Act it really ought to be named the Anti-Gaming Act,” said Joe Valandra, Sicangu Lakota, and principal owner and president of VAdvisors, LLC, a specialty advisory firm.”It’s clearly designed to effectively stop any tribe that currently isn’t gaming or any tribe that doesn’t have land eligible for gaming from gaming. And she did it on a Friday afternoon when the press is clearly focused on the shutdown of the government to avoid attention.”

According to a summary that accompanied the proposed legislation, the Feinstein bill “seeks to end the practice of ‘reservation shopping’ when casinos are involved.” So Feinstein’s bill would amend Section 20 of the Indian Gaming Regulatory Act (IGRA) to require tribes seeking to open casinos on land acquired after the passage of the act in 1988 to demonstrate both a modern and an aboriginal connection to the land they wish to game on – two totally random new requirements — or go through what is called the “two part determination.”

Valandra said the new requirements present “artificial hurdles to inhibit or stop tribes to game on land that they would otherwise legally be entitled to possess and game on. Frankly, my word would be, it’s a travesty,” he said.


Section 20 of IGRA puts forward a general prohibition against Indian gaming on trust lands acquired after October 17, 1988, the date IGRA was enacted, and then provides a number of exceptions to the prohibition, including land within or contiguous to a tribe’s existing reservation; land for tribes without reservations; land within the tribe’s last recognized reservation; land claim settlements; initial reservations for newly acknowledged tribes; and restored lands for restored tribes.

The most controversial and onerous exception is the Two Part Determination in which the Interior Secretary determines that a tribe can conduct gaming on its land acquired after October 17, 1988 if it’s in the “best interest” of the tribe and is not detrimental to the surrounding community. The determination requires the governor’s approval.

Tom Rodgers, the owner of Carlyle Consulting, said Indian country will closely review and monitor the Feinstein proposal. “Even though Sen. Feinstein has chosen to introduce her legislation late on a Friday afternoon during a crisis dealing with a government shutdown, Indian country will remain vigilant so that the rights of all Native Americans are protected,” Rodgers said. “We will conduct our due diligence and we will consult all of the tribes so that all tribal voices are equally heard. I would also hope the senator proceeds in regular order – introduction, committee hearing, floor debate, conference. That way the process will have transparency, accountability and integrity.”

This is the second time in less than six months that Feinstein has put forward a bill to restrict Indian gaming on trust lands. Last fall, Feinstein used the Interior Department to provide drafting services for a controversial bill that would also require a tribe to have modern and aboriginal connections to any gaming land the secretary might acquire in trust. The bill died in the lame-duck session of Congress just before the New Year, but tribal leaders expressed outrage that it had been developed behind closed doors with the involvement of high level Interior officials – and without consultation with the Indian nations.

Wilson Pipestem, a partner in Ietan Consulting, predicted that Feinstein’s new bill would not be well received in Indian country.

“I expect that Indian tribes will strongly oppose the legislation introduced by Senators Feinstein and Kyl today,” Pipestem said. “It fails to address the most critical issues voiced throughout Indian Country on the protection of aboriginal lands.”

See more at the Indian Country Today  story

15 comments:

Anonymous said...

could part of this bill be addressing disenrollment. if this bill was in placed when the Hunter family was still enrolled would things have been differant. the hunter family can show there aboriginal connection and there modern conection because they are allotees and still living on there allotment. so would there be recorse with this bill.

White Buffalo said...

The language affects tribes that do not currently have gamming, so tribes like Pechanga are exempt and are not affected. In fact Pechanga would support such a bill for it would insure that there would be no new competition from other tribes in the state or county. Can you say D. Feinstein accepts contributions from Pechanga

smokeybear said...

QUESTION: WHY IS IT THAT FEISTEIN, AND TO SOME DEGREE BOXER, ARE ALWAYS IN THE SHADOWS OF BIG CORRUPT INDIAN GAMING CASINOS, AND YES, THE "MACARRO CARTEL" AT PECHANGA, IS INDEED ONE OF THESE. "COULD IT BE" THAT THE VERY LARGE CONTIBUTIONS THAT TRIBES, WITH CASINOS, LIKE PECHANGA, ARE "PULLING THE STINGS LIKE A PUPPET" THAT CAN'T MAKE A MOVE WITHOUT MAKING THEM DANCE. OVER AND OVER AGAIN. NOTHING CHANGES WITH THESE KEPT POLITICAL HACKS. PAY ME ENOUGH AND WE WILL DO YOUR BIDDING. POLITICS SUCKS, ESPECIALLY IN INDIAN COUNTRY WHERE THE TRIBAL LEADERS AND THE GOVERNMENT BOTH SCREW YOU. "HOW FAIR IS THAT". ITS NOT......

smokeybear said...

QUESTION: WHY IS IT THAT THESE CORRUPT POLITICAL HACKS KEEP GETTING ELECTED? IS IT THAT THESE LARGE CASINOS' ARE CONTRIBUTING LARGE SUMS OF MONEY INTO THIR CAMPAIN FUNDS, BOTH LEGAL AND IN THE SHADOWS, THAT KNOW ONE SEES?

Anonymous said...

Because they offer "goodies" to the people without a plan to pay for them.

smokeybear said...

IS THAT ANYTHING LIKE "CANDY LITTLE GIRL?" OR MAYBE THE "STABLE" THAT THE "MACARRO CARTEL" HOLDS, AND THEIR THE "PIMP". THAT DOESN'T SAY MUCH FOR THE POLITICAL MACHINES IN THEIR STABLE, DOES IT? IF IT LOOKS LIKE A PIG,SMELLS LIKE A PIG, AND MAKES NOISE LIKE A PIG "IT IS A PIG". THAT IS WHY IT IS SO IMPORTANT THIS "RALLY" HAS TO COME ABOUT, AND THAT IS JUST FOR STARTERS. THE MOMENTUM THISCAN GENERATE CAN BE HUGE. KEEP TALKING TO FAMILY, FRIENDS, AND ANYBODY EITHER INTERESTED OR HAS AN AX TO GRIND WITH THE "MACARRO CARTEL." I WILL BE GETTING WITH YOU IN THE NEAR FUTURE. KEEP MOTIVATED.

Anonymous said...

speaking of pigs...know why the secretary had to be 'ratified'?

Ever hear of Zekiye Ayase Selvili?
hmmm...louise burke?

Selvili is Turkey.

Pechanga is supposed to be composed of lineal descendants..What about Zekiye Ayase Selvili aka Louise Burke? Why did her position have to be ratified? Another deliberate fraud? deliberate criminal act?

Anonymous said...

Bingo! Ratification null and void.

smokeybear said...

THE MORE I HEAR ABOUT THE CORRUPT GOINGS ON A PECHANGA, IT NEVER FAILS TO AMAZE ME. THE "MACARRO CARTEL" THINKS THEY CAN DO ANYTHING THEY WANT AT PECHANGA, AND THEY CAN'T BE STOPPED. THE TIME WILL COME WHEN THEY "STEP IN IT BIG" AND CAN'T BE WIPED OFF.

Anonymous said...

Oh yeah, Smokey, what are you doing about it?

Where were you 10 years ago?

smokeybear said...

I WAS OUT WORKING TO FEED MY FAMILY AND MAKE ENDS MEET. I WAS TOLD AT THE TIME THERE WAS NOTHING I COULD DO TO FIGHT THE "MACARRO CARTEL" THEY WERE TO POWERFUL. NOW THAT I HAVE LOOKED INTO HOW THIS ALL WORKS, I'VE DECIDED THAT MY CHILDREN NEED TO KNOW ABOUT THEIR HERITAGE AND WHAT IT MEANS TO BE A PECHANGA INDIAN WITH ALL THE GENERATIONS OF HISTORY THAT WILL BE LOST TO THEM AND THEIR CHILDREN. MY MISTAKE WAS THE SAME AS A LOT OF YOU, THINKING THAT IT WOULD EVENUALLY FIX ITSELF. I KNOW NOW IT WON'T. THIS MEANS IT'S GOING TO TAKE SOMETHING HUGE TO MAKE THE "MACARRO CARTEL" AND THE REST OF THE MEMBERSHIP TO SIT UP AND LISTEN, AND I'M NOT GOING AWAY ANYTIME SOON. IF "MOTIVATION" IS WHAT IT TAKES, I'M HERE TO MOTIVATE, AND TO DO WHATEVERS IN MY POWER TO MAKE THINGS HAPPEN THAT WILL FIX WHAT IS "BROKEN". WHAT IS BROKEN IS THAT THE PECHANGA TRIBE IS NOT FOLLOWING THERE OWN CONSTITUTION AND BY LAWS EXCEPT WHEN IT SUITS THEM.YOU CAN'T HAVE IT BOTH WAYS. FOLLOW THE LAWS THAT ARE WRITTEN. OR THEY WILL PERISH. NOW IS THE TIME TO STAND TOGETHER FOR WE CAN MAKE IT HAPPEN, I HOPE FOR THIS TO HAPPEN IN MY LIFETIME. FOR THE OLDER WE GET THE MORE ELDERS DIE OFF AND THE HARDER THIS ALL BECOMES. YOU LEAVE IT TO THE YOUNGER GENERATION AND ALL WILL BE LOST. THAT IS WHAT THE "MACARRO CARTEL" IS HOPEING FOR. HE KNOWS HE WON'T LIVE FOR EVER. WE NEED TO ACT NOW AND I'M WORKING AT THAT. I'M NOW ON FACEBOOK, AND SOON AS I LEARN THE WORKINGS OF THIS IMPORTANT VENUE, I THINK IT COULD BE GOOD FOR OU CAUSE. FACEBOOK WORKED IN THE MIDDLE EAST, WHY NOT PECHANGA. ANY HELP WOULD BE VERY MUCH APPRECIATED FOR I'M NOT DONE HERE, IT'S TAKING TIME, AND TIME I NOW HAVE. TO ALL THE HUNTER' CLAN AND ALL OF YOU THAT HAVE BEEN SCREWED BY THE "MACARRO CARTEL" STAND WITH ME AN FIGHT FOR OUR HERITAGE BACK.

Anonymous said...

I Know You

Anonymous said...

Welcome to the fight smokeybear. Gondie beat england so one person can make a differant. Remember we are only a phone call away if you need us.

nancimeek said...

This bill will hopefully weed out the outsiders who take advantage of the tribes in the guise of building a casino like the PeJiHoTa with the Salinan tribe. Our family experienced first hand what Attorney Robert jones (by virtue of his taking over our father's trust and committed forgery to gain control) and his partners Kelly Gearhart Chris Molina and Dan phillips have done as far as creating PONZI schemes stealing money from investors in San Luis Obispo through Hurst Financial Check out Calcoastnews.com for some of the many stories written about what these guys have done with a corporation which has had 7 different name changes. http://calcoastnews.com/2010/12/gearhart%e2%80%99s-casino-%e2%80%93-the-final-gamble/

Our father was an attorney and a two term Mayor of Rialto, California He deserves better than what this Jones did to us. Just to make a fast buck and invest in an indian casino.

Nanci Meek
Original trustee of ELVIN R MEEK 1996 Family Trust
(760) 413-5660
http://www.xtranormal.com/watch/11682398/mayor-elvin-meek-trust-probate-fraud-and-forgery?listid=22166582

Deals Monkey said...

good post... thanks for sharing Deals Monkey