1. Tribes Lobbying Congress: Who Wins and Why
Kirsten Matoy Carlson, PhD, JD
13th Annual Indigenous Law Conference, Michigan State University
NSF #SES

2. Questions
How frequently do tribes engage in legislative advocacy?
What kinds of legislative advocacy do they engage in?
How can tribes use legislative advocacy to change the law?

3. Uncovering Tribal Legislative Advocacy: Lobbying Disclosure Reports
Lobbying Disclosure Reports provide information on who lobbied by year, including name of the organized interest
But they have several limits:
Only include reported lobbying so may underrepresent who lobbies and how often
Only report spending amounts after 1997
Provide very little information on issues lobbied on, making it difficult to determine the influence of the lobbying because it is not tied to an issue or legislative proposal

4. American Indian Organizations Reporting Lobbying, 1978-2012

5. Tribes Reporting Lobbying, 1978-2012

6. Reported Lobbying by Gaming and Nongaming Tribes, 1978-2012

7. Amount of Money Spent on Lobbying by American Indian Organizations, 1997-2012

8. Amount of Money Spent on Lobbying by Tribes, 1997-2012
Indian nations spent an average of $109,408 on lobbying per year
25% of tribes report spending no money on lobbying
50% report spending $40k per year or less
25% report spending over $120k per year

9. Amount of Money Spent on Lobbying by Gaming and Nongaming Tribes, 1997-2012
Gaming tribes reported spending 2x as much as nongaming tribes
Gaming tribes reported spending an average of $135k on lobbying per year
Nongaming tribes reported spending an average ~ $52k on lobbying per year

10. Data limited to 97th, 103rd, and 109th Congresses.
Determining Whether Indian Legislative Advocacy Contributes to Legislative Success
Congressional hearings on Indian-related bills allow for evaluation of the influence of Indian testimony on a specific legislative proposal on the bill’s enactment.
Committee hearings may reflect more the preferences of the committee than the advocacy of the witness so both solicited and unsolicited testimony was included.
Data limited to 97th, 103rd, and 109th Congresses.

11. Indian Advocacy Before the 97th, 103rd, and 109th Congresses
Indian witnesses testify at 48% and tribal witnesses at 85% of hearings held on Indian-related bills
203 tribes testified before Congress
Each tribe testified at an average of 3.2 hearings
Tribes were most likely to testify on pan-tribal bills and in favor of the legislative proposal

12. Issues Indians Advocate on Before the 97th, 103rd, and 109th Congress
Indian witnesses testified on legislative proposals covering a wide range of issues
Tribes most frequently testified on bills on claims, housing, federal recognition, gaming, lands, and natural resources
Gaming tribes were more likely to testify on bills related to gaming, employment, and health care
Tribes most frequently testified for and against bills related to claims, federal recognition, and culture

13. Tribal Advocacy and Legislative Success
Tribal testimony on a specific legislative proposal increased the likelihood of legislative enactment in the 97th, 103rd, and 109th Congresses.

14. Preliminary Conclusions: How Do Indians Advocate Legislatively?
Legislative advocacy reported by Indians has increased sixfold since 1978.
Indian nations report engaging in different advocacy strategies.
Top spenders are not necessarily the tribes most frequently reporting lobbying or testifying before Congress.
Gaming tribes report spending more than nongaming tribes.

15. Preliminary Conclusions: How Can Tribes Use Legislative Advocacy to Change the Law?
Tribal testimony on a specific legislative proposal increased the likelihood of legislative enactment in the 97th, 103rd, and 109th Congresses.
Tribal testimony may be influential but need to know more about how, when, and why.