BYU professor is lead candidate for U.S. Bureau of Indian Affairs post

Possible nomination of BYU law professor Larry EchoHawk to head the U.S. Bureau of Indian Affairs is a hot topic in Indian country, where some have opposed him because they worry he may oppose American Indian gaming.

That led Sen. Daniel Inouye, D-Hawaii, to appeal to worried leaders of many tribes at a recent forum to "get to know Larry EchoHawk" and his "long and honorable record of public service." Inouye also told tribal leaders that the Obama administration has selected EchoHawk "as the next assistant secretary for Indian affairs" and that he "has agreed to serve."

EchoHawk told the Deseret News he cannot comment on the possible nomination and the controversy about it. Potential nominees are routinely told not to discuss it while they are vetted before formal nomination.

Critics contend that when EchoHawk was the attorney general of Idaho from 1990-94, he tried to block tribes from gaining permission to operate casinos (which they would eventually do).

Others say he was doing his job to advise state officials who felt Idahoans had passed a constitutional amendment to allow a lottery with the promise that it would not allow other forms of gambling. But federal officials said loose wording in it should allow American Indian casinos. EchoHawk's office suggested a special session to pass another amendment to block American Indian gaming.

As an example of criticism now, Scott Crowell, an attorney who has represented several tribes, wrote in a statement widely reported by American Indian news media, "Imagine that, while at the table with a federal obligation to negotiate in good faith, Larry EchoHawk instead headed up the extraordinary effort to change Idaho law to deprive tribes of the federal and inherent rights to operate Class III games on their lands."

Among EchoHawk's defenders, however, is Idaho's Shoshone-Bannock Tribe Chairman Alonzo Coby. Indianz.com reported that Coby said the attorney general has a "legal and ethical duty" to provide his legal advice on state issues. "He did this according to his oath of office, and he did not advocate against Indian gaming at any time."

Coby was quoted saying the tribe supports EchoHawk because of his efforts "to protect native religious freedoms, salmon treaty fishing rights and other legal matters impacting tribal sovereignty."

Several news media in Indian country have written stories saying EchoHawk has quietly called many tribal leaders to assure them that he will not oppose Indian gaming if appointed.