On the surface, the recent attacks on Alaska Native Corporations (ANCs)
for receiving large no-bid federal contracts appears to be only
directed at Native Alaskan 8(a) contracting. However, tribal federal
contracting, in the lower 48, could be harmed if Congress decides to
change the tribal 8(a) program that was created, in the first place,
to remove institutional barriers to tribal economic development.
This is not just about Indians: All minority 8(a) contracting could
suffer if drastic changes are made to the 8(a) set-aside program.
Today we are witnessing increasing calls to end all types of
affirmative action programs: minority 8(a) set-asides could be added
to that doomed list. I hope our friends from the various minority
groups will stand beside us and let Congress know that we are holding
them accountable for a fair and equitable investigation of ANC's
federal contracting.
From the news coverage, it appears that the ANCs are the focus of this
investigation although they were awarded these contracts by federal
agencies imbued with the power to award such contracts. A March 5
Washington Post article stated that federal lawmakers Rep. Thomas M.
Davis (Republican from Annandale, Va.), Chairman of the House
Government Reform Committee, and the panel's ranking Democrat, Rep.
Henry A. Waxman of Los Angeles, Calif., called for a congressional
investigation of 8(a) contracts awarded to ANCs.
The National Indian Business Association has learned from other
minority groups that there are a lot of factions we do not know about,
including hidden agendas, and the real who and what is behind why they
are calling for this investigation. If so, ANCs and tribal governments
and potentially the whole 8(a) program could become a causality of a
political battle.
Recent studies indicate the American Indian economy is at least 20
years behind the mainstream economy. Even with the advent of tribal
gaming, only a handful of tribes have realized a substantial financial
turn of fortune. These tribes are now diversifying their financial
portfolios and creating joint-ventures that will help them build
sustainable economic futures beyond gaming.
The issue of any ''special'' federal contracting incentives for
American Indian and Alaska Natives continues to be one of a lack of
education for the general public, non-Native business owners and, to a
large extent, Congress. Tribes are not a minority group, but sovereign
nations that have a unique relationship with the federal government
that is defined and protected by constitutional law; the legal basis
for federal programs for Indians.
Despite the United States' treaty obligations and trust
responsibility, Indian country continues to struggle with cuts in
federal funding needed to meet the basic day-to-day needs of their
tribal communities. As a people, we continue to be the poorest in this
land of plenty. Some tribes and ANCs see government contracting as a
way out of poverty and have created strong, qualified and proven
businesses that provide the taxpayer with value received for services
rendered.
The issue of ANCs 8(a) set-aside contracts may be a case of business
jealously. There was applause when federal contracting began
increasing opportunities for Hispanic, women and African-American
business owners - people believed that it was about time the federal
government opened its doors for these often disenfranchised Americans.
It appears that when American Indians begin catching up people feel
threatened and attack our rights to an equal share of the American
dream. It is frustrating that the very minority groups that once were
left out of the process are now hopping mad that tribes and Alaska
Natives are finally getting a chance to be real business players with
the federal government.
The education needs to begin now. The treatment of tribes by the
federal government has crafted many shameful pages in America's
history. Most Americans don't know the truth or, to borrow a line from
the movie ''A Few Good Men,'' ''can't handle the truth.''
Many of the more than 200 Alaska Native villages that the corporations
represent are in very remote regions and have limited access to
resources that the rest of us take for granted. The Alaska Native
story can be described as a ''they pulled themselves up by their boot
straps'' story; one that should make every American feel good knowing
that if you have business savvy, work hard and are receptive to all
the opportunities for which you are entitled, you can be successful.
Federal contracting is to Alaska Natives what tribal gaming is to the
tribes in the lower 48: vital to the economic welfare of these
communities. In most cases, these federal contracts provide the
necessary funding for village community programs including health,
education and child and elder care. Unlike the tribes in the lower 48,
Alaska does not have gaming. Without the revenues from federal
contracting many programs would disappear and the people would suffer.
Imagine if tomorrow Congress decided to make tribal gaming illegal and
they shut down all our casinos and bingo halls. Not only would there
be tens of thousands of people out of work, most of whom are
non-Native, but many tribal programs that have become dependent on
gaming revenues would have to be cut. And again our people would
suffer.
This nightmare scenario could become a reality if we don't stand guard
against it. Indian country must stay alert to any threats (like this
current ANC situation) to our sovereignty and our well-being no matter
how it is disguised. If Congress takes steps to change or perhaps end
tribal 8(a) contracting, it establishes a precedent that could be used
against Indian country to attack tribal gaming and any number of other
tribal rights and programs.
To share a holistic view, the ANCs might have avoided this attack had
they been more generous in sub-contracting with minority-owned
businesses. But it has become an issue of money. If the money had been
dispersed more readily through the minority and small business
community maybe they wouldn't have cried foul.
Now all Native 8(a) contracting could be in danger, and the decades of
hard work we have devoted to opening these doors of business
opportunity may be for naught. In the future we may find the doors
shut in our faces.
Government no-bid contracting is not something new. This has been a
federal government practice since 1953 to equalize the playing field
for small disadvantaged and minority- and woman-owned businesses. It
wasn't until the recent past, 1992, that the federal government
included tribes in their contracting set-aside program. I joined the
Small Business Administration's (SBA) Office of Native American
Programs in January of 1992 and began implementing the tribal 8(a)
contracting program. Before that, tribes were pretty much left out of
the process.
It is unfortunate that this cry of ''you got a bigger piece of the
contracting pie than me'' could turn into an attack on 8(a)
contracting for all Native-owned 8(a) firms. The potential impact of
this type of congressional investigation is daunting. Indian country's
economic development future and perhaps that of our minority brothers
and sisters has a lot at stake and a lot to lose.
Pete Homer, Mojave, is president and CEO of the National Indian
Business Association. He is an enrolled member of the Colorado River
Indian Tribes of Arizona. |