Wampum

That's not a rhetorical question, by the way. I've been thinking about it a lot these days, particularly since my recent education regarding the stealth efforts by oil, gas and electric companies to have Congress put tribes in their "proper place" regarding corporate "rights of way" on tribal land. Now, this morning, via Indianz.com, I ran across this article on the Seneca upping the ante over the state thruway in Western New York:

Senecas demand new deal on land used by Thruway
Call issue separatefrom dispute overtobacco, gasoline
By Lou Michel and Tom Precious
Updated: 04/20/07 7:47 AM

CATTARAUGUS INDIAN RESERVATION - The Seneca Nation of Indians has no intention of ever collecting cigarette taxes for the state, and its leader raised the ante Thursday in the high stakes poker game by saying the tribe could erect its own toll booth along the section of Thruway on Seneca territory.

"If any taxes are going to be collected, it may be our taxes in the form of a toll booth," Seneca Nation President Maurice John Sr. said at a news conference to outline why the tribal council has withdrawn the easement it gave the state allowing the Thruway Authority to cross reservation land near Silver Creek.

Although John's words seemed confrontational, he and other Senecas say they want to sit down and negotiate. The Senecas say they have no intentions of disrupting traffic on the Thruway or utilities that cross the reservations.

In addition to a new compensation package for the Thruway right of way, they want to discuss the ongoing controversy over tobacco and gasoline products.

...

In 1954, the state paid the Senecas $75,000 and agreed to compensate individual members whose land was taken for the Thruway. But the individual payments, tribe officials say, never were made.

"A lot of Senecas have passed away waiting to get paid for the land the New York State Thruway took," John said of the 300 acres. "One of the individuals was my great-aunt Hattie Halftown."

John said the Senecas might consider resolving the dispute by accepting annual payments from the state or perhaps additional land to accommodate the tribe's growing population.

The Senecas' tribal courts also need to examine easements for numerous other roads and utility rights of way running through reservation lands to make sure they are valid, John said.

The Seneca are playing hard ball, and probably making a lot of tribes around the country, particularly in Western states, very nervous. Why? Because El Paso Oil and Gas lobbyists, including Pete Domenici's former staffer Marco Gonzales, were able to get Domenici to include in the 2005 Energy Policy Bill the requirement that the DoI and DoE perform a study of corporate right-of-ways on tribal land, and the purported impact should tribes up the price of leasing said land, or even outright refusing to renew leases, whether out of spite for previous slights or in lieu of their own monetary interests, e.g., tribes running their own energy companies on reservation land. While the first draft of the "study", known as Section 1813, appeared to favor tribal interests, energy companies hit back hard with comments, and a new revised "draft" is due out any day.

One would think that with Democrats in power in Congress, Indians would have less to fear. That may be marginally true, but it's critical to note that the new chair of the Senate Committee on Energy and Natural Resources is Jeff Bingaman (D-NM). Bingaman was the largest Democratic beneficiary of energy company campaign contributions during the last cycle, and has already shown his stripes in opposing a "House-passed bill designed to fix a loophole that gave $10 billion in royalty breaks to companies that drill on federal land." Despite the significant American Indian population in New Mexico, as well as the fact the Dine are the largest holders of trust land leased out to resource extraction and energy interests, Bingaman cannot be counted on to support tribal interests over those of his campaign contributors.

On top of Congressional concerns, there is the problem with a Supreme Court which has not issued a significant pro-sovereignty ruling in 25 or more years, particularly under the Indian-hating Rehnquist Court. One could argue that the SCOTUS should be the refuge of the oppressed minority, but who would now make that claim in light of the latest Roberts' Court ruling on the medical options of health-endangered pregnant women?

So back to the original question - just how far should tribes go in protecting their sovereign status? And how far would purported non-Indian Progressives go in supporting them? I have my own views, which, if written on this blog would probably have me tossed in jail under the US Patriot Act. But I'm curious as to the general sentiment in the lefty blogosphere, and to know if Senecas really began to play hardball, and blocked the NY Thruway, how many of you would support them, [particularly if it meant you had to take a different route, or pay $0.05 at the pump?]