BIA head removes himself from key bureau decisions

Lolita C. Baldor

Wednesday, May 5, 2004 | 11:04 a.m.

WASHINGTON -- The head of the federal Bureau of Indian Affairs is removing himself from any decisions on tribal recognition or Indian gaming to avoid the appearance of any conflict of interest.

Dave Anderson, who co-founded Grand Casinos Inc., asked Interior Secretary Gale Norton to delegate authority for all matters related to tribal gaming to BIA's deputy assistant secretary Aurene Martin. The order, obtained by the Associated Press on Tuesday, was signed last month and took effect immediately.

In an accompanying memo, Norton said Anderson, confirmed by the Senate last December, initiated the change.

"He didn't want to have any possibility that his past associations would call into question any of his decisions," said spokeswoman Tina Kreisher.

The move drew criticism from Connecticut Attorney General Richard Blumenthal, who protested that critical decisions will now be made by someone not subject to Senate confirmation.

"I am deeply troubled that Mr. Anderson will be unable to perform some of the key responsibilities of the office for which he was nominated and confirmed by Congress," said Blumenthal.

He added that recusal on individual cases is appropriate but, "such general, across the board delegation is severely problematic, raising constitutional and statutory questions about overbroad illegal delegation."

While Anderson will have no influence in recognition decisions, gaming matters or issues related to tribes taking land into trust for casino purposes, Kreisher said that he will continue to have other duties as the head of BIA. He will oversee social welfare programs, other land use issues, and the 184 BIA schools located in 23 states.

Blumenthal has been a frequent critic of the BIA, and he appealed the last two federal recognition decisions made by the agency in Connecticut cases -- the recognition of the Eastern Pequot and Schaghticoke tribes. The appeals are pending.

Anderson, of Edina, Minn., is the founder of Famous Dave's barbecue restaurant chain, which now has 90 outlets. Prior to that, he and his former business partner Lyle Berman founded Grand Casinos. Anderson left the company in 1996 to launch his restaurant chain.

Berman has several big casino projects awaiting BIA approval. When Anderson was confirmed by the Senate, he said he would recuse himself from those decisions.