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SCHUMER: VACANCIES IN TOP BIA JOBS THREATEN CASINO EFFORT; JOBS NEED TO BE FILLED ASAP

Top positions at Bureau of Indian Affairs have been vacant for months; As a result, department has been plagued by disorganization, delaying approval of Mohawks casino deal

Schumer urges President to select new candidates for Assistant Secretary and Associate Solicitor in an effort to move the Sullivan County casino forward

US Senator Charles E. Schumer today urged the President to fill top vacancies in the Bureau of Indian Affairs, saying that the lack of top leadership in the agency has slowed the progress of the St. Regis Mohawk casino. For months, the Assistant Secretary position, the individual charged with overseeing the BIA, and the Associate Solicitor, which oversees legal issues for the bureau, have been staffed only by interim employees.

"Let's get some steady, stable leadership in the BIA so the casino can move forward," Schumer said. "A load of work is piling up over at the Bureau, and it's time to get that ship in order. Promise after promise has been made about getting the casino deal done. We need people at the helm who have the authority to make it happen once and for all."

The Bureau of Indian Affairs (BIA) is one of eight bureaus within the Department of Interior. The post of Assistant Secretary of Indian Affairs has been open for over six months. Aurene Martin is currently serving as Acting Assistant Secretary of Indian Affairs. Martin formerly served as Deputy Assistant Secretary under Assistant Secretary of Indian Affairs Neil McCaleb, who held the post from July 5, 2001- January 2, 2003. Before McCaleb took the job, there was another six-month vacancy in the position.

BIA is the federal agency responsible for overseeing the casino applications. The Regional BIA Office administers the Environmental Assessment study and the Two Part Determination that decides whether gaming is in the best interest of the tribes, and whether it would do harm to the communities surrounding it. Once the application is complete, including the management agreement approved by the Indian Gaming Commission, the Central BIA Office in Washington, DC reviews the application and publishes a letter of intent. The Secretary of the Interior signs the gaming compact with the State and tribe and the land is then taken into trust. The Assistant Secretary plays a key role in the decision to approve or reject the casino application.


The Associate Solicitor position, which is also vacant, manages all legal matters that arise from the programs and activities of BIA. The job includes providing legal services to the Interior Department, handling litigation, and reviewing and commenting on legislative proposals. The Associate Solicitor plays a key role, for example, in determining whether the Mohawks would need to conduct an additional environmental impact study before gaining approval for the casino.

Schumer said BIA told him on several occasions that the St. Regis Mohawk application would be approved by certain dates, only to postpone the deadline each time. In addition, BIA said the Mohawks would not need to perform an additional environmental impact study for the casino in Sullivan County, but the tribe was told last week that it would.

Schumer urged the President to swiftly select candidates for the BIA posts or, if he intends to stick with the current interim employees, to make their selections permanent so they have full decision-making authority.

"Instability at the top of any organization never bodes well for its performance, and the BIA is no different," Schumer said. "The need to fill these senior positions with capable, organized individuals is urgent because the people of Sullivan County have simply waited too long for this casino to become a reality."

For a copy of Schumer's letter click here.

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