Letter to Interior Secretary Gale A. Norton

June 6, 2003

The Honorable Gale A. Norton
Secretary of the Interior
1849 C Street, NW
Washington, DC 20240

Dear Secretary Norton,

I am writing to you about an urgent matter related to a tribal governance dispute within the Sac & Fox Tribe of the Mississippi in Iowa. As a result of the failure to resolve this dispute, the tribal casino has now been closed. Not only has this dispute caused anguish for the members of the Meskwaki Nation, but this has resulted in the loss of 1,281 jobs, a great many of which are held by non-tribe members. In short, a prolonged dispute would have a devastating effect on both the tribe and the local economy. While I have contacted the National Indian Gaming Commission separately regarding the decision to close the casino, I would ask that you review your agency's role in helping to resolve the tribal leadership dispute.

This dispute began when members of the tribe submitted a petition for a recall election for each of the members of the tribal council lead by Chairman Alex Walker, Jr. The tribal constitution calls for regular elections every four years, but requires the tribal council to hold a special election if a recall petition is submitted to the council. When the tribal council did not act on this petition, members of the tribe took further action which ultimately led to the appointment of an alternative tribal council by the hereditary tribal chief. This new appointed council, led by Homer Bear Jr., assumed control of tribal operations.

Negotiations began between the two sides toward the holding of new elections and were reportedly close to an agreement when the National Indian Gaming Commission issued a closure order for the casino based on a decision by the Bureau of Indian Affairs to declare that the council led by Alex Walker, Jr. was the recognized government of the tribe. The negotiations between the two sides of the dispute broke down at that point.

Despite the lack of a final agreement, the council led by Homer Bear, Jr. held a special election for the tribal council, with observers from the U.S. Department of Justice and other outside monitors. While the results of this election favored the persons on the ballot who were also members of the council led by Mr. Bear, the election was not recognized by the Bureau of Indian Affairs. I understand that the basis of that decision was that the election was not held in strict accordance with the tribal constitution, which provides that elections be conducted by the tribal council.

While I understand the importance of strict adherence to the tribal constitution and the rule of law, the actions by the Bureau of Indian Affairs to date have not brought this matter any closer to a resolution. At this point, it appears that only a special election, held in accordance with the tribal constitution and recognized by the Bureau of Indian Affairs, will bring final resolution to this matter. In fact, if the recall petition that was submitted to the council led by Alex Walker, Jr. is valid, the tribal constitution would appear to mandate that a recall election be held. I would urge you to closely examine this issue and to actively work with the tribe to provide advice and direction with respect to the process for holding new elections in accordance with the tribal constitution.

I would appreciate any information you could send me regarding this matter. Please direct your response to my Washington office.

Thank you for your attention to my request.

Sincerely,

Charles E. Grassley
United States Senator