July 24, 2019 - Issue: Vol. 165, No. 125 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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YSLETA DEL SUR PUEBLO AND ALABAMA-COUSHATTA TRIBES OF TEXAS EQUAL AND FAIR OPPORTUNITY SETTLEMENT ACT; Congressional Record Vol. 165, No. 125
(House of Representatives - July 24, 2019)
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[Pages H7361-H7364] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] YSLETA DEL SUR PUEBLO AND ALABAMA-COUSHATTA TRIBES OF TEXAS EQUAL AND FAIR OPPORTUNITY SETTLEMENT ACT Mr. SAN NICOLAS. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 759) to restore an opportunity for tribal economic development on terms that are equal and fair, and for other purposes, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 759 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Settlement Act''. SEC. 2. AMENDMENT. The Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act (Public Law 100-89; 101 Stat. 666) is amended by adding at the end the following: ``SEC. 301. RULE OF CONSTRUCTION. ``Nothing in this Act shall be construed to preclude or limit the applicability of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).''. [[Page H7362]] The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Guam (Mr. San Nicolas) and the gentleman from Utah (Mr. Curtis) each will control 20 minutes. The Chair recognizes the gentleman from Guam. General Leave Mr. SAN NICOLAS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the measure under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Guam? There was no objection. Mr. SAN NICOLAS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 759, introduced by Representative Babin from Texas, amends the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act of 1987 to clarify that the Indian Gaming Regulatory Act applies to both the Pueblo and the Tribe. The Alabama-Coushatta Tribe of Texas was federally terminated in 1954, followed by the Ysleta del Sur Pueblo, also known as the Tigua Tribe, in 1968. Congress rightfully restored both the Pueblo and the Tribe in 1987 at one time by enacting the aforementioned Restoration Act. The Indian Gaming Regulatory Act was enacted just 1 year later, in 1988. The framework that it created should have applied to both the Pueblo and the Tribe, just as it did to every other Tribe. However, since the Restoration Act was passed at a time when Indian gaming was just emerging and Federal regulations had not yet been implemented, it contains a section regarding gaming. We know from the Congressional Record that the intent of this section of the Restoration Act was to clarify Indian gaming policy at the time, not to completely prohibit gaming on these lands in perpetuity, but that is what is occurring. The language in the Restoration Act has been used by the State of Texas to completely stymie the Pueblo's and the Tribe's ability to engage in Class II gaming, much to the detriment of the economic health and well-being of both the Pueblo and the Tribe. Additionally, the only other federally recognized Tribe in Texas, the Kickapoo Traditional Tribe, is allowed to operate a Class II gaming facility, as they were restored by Congress in 1983 without any type of gaming restrictions. H.R. 759 remedies this inequality by clarifying that the Pueblo and the Tribe, like the Kickapoo, have the same rights and responsibilities under the Indian Gaming Regulatory Act as virtually every other federally recognized Tribe in the United States. The legislation confers no new or special rights to the Pueblo or the Tribe, nor does it in any way limit the existing rights of the State of Texas. This is simply a matter of parity and fairness. Mr. Speaker, I urge adoption of this legislation, and I reserve the balance of my time. Mr. CURTIS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 759, sponsored by the gentleman from Texas (Mr. Babin), would amend the act of Congress that restored Federal recognition to the two Tribes in Texas that are the subject of this bill. The amendment would override a gaming limitation imposed by Congress on the Tribes, thereby authorizing the Tribes to operate the casinos regulated under the Indian Gaming Regulatory Act of 1988 and not under Texas law. The question of whether Texas law or the Indian Gaming Regulatory Act applies to the two Tribes is no longer under serious dispute. Federal courts have settled the question, and the result of the litigation is that the two Tribes may not conduct gaming under IGRA unless Congress enacts a measure to allow them to do so. This bill enjoys significant local support in the communities around the reservations of the two Tribes, and the Members who represent the Tribes strongly support enactment of the measure because the reservations, where the casinos would be operated, are within their districts. However, while the bill enjoys support in Texas, I must note that the Governor of Texas, Greg Abbott, has written letters to the House leaders and committee leaders in opposition to the legislation. In the view of the Governor, this bill allows the Tribes to violate the Texas constitution without the consent of the State of Texas. It is my hope that such concerns with the measure can be worked out as the legislative process continues. Mr. Speaker, I yield 2 minutes to the gentleman from Alaska (Mr. Young). (Mr. YOUNG asked and was given permission to revise and extend his remarks.) Mr. YOUNG. Mr. Speaker, I thank the ranking member for yielding. Mr. Speaker, this is about fairness, and when you have been in this office as long as I have been--I was here when we passed the 1984, the 1985, and the 1986 gaming laws--we tried and expected to do the right thing for all Tribes. I say I have been involved with this. When I was chairman, we tried to do the same thing. It is the right thing to do. It is the fair thing to do. The most important thing is it is a simple matter of fairness. I will say it again. These two Tribes have been denied the same opportunity of every other federally recognized Tribe, including the Kickapoo Tribe, to engage in Class II gaming on their reservation. Class II is bingo. This legislation opens no new door to gaming in Texas. The Kickapoo Tribe has been offering bingo on their reservation for the better part of two decades with no interference from the State of Texas. Second, it should be noted that virtually all communities surrounding the Alabama-Coushatta reservation have passed a resolution endorsing this legislation. In fact, over 30 resolutions in favor of H.R. 759 show that support for the bill runs from the Gulf of Mexico to the Red River border on Oklahoma. This represents genuine grassroots support for the people who will be most impacted. Far from thwarting the will of the people of Texas, this legislation enables it. Mr. Speaker, from someone who has worked on this legislation a long time, I encourage my colleagues to vote in favor of this legislation to solve an unfair state. Mr. CURTIS. Mr. Speaker, I yield 5 minutes to the gentleman from Texas (Mr. Babin). Mr. BABIN. Mr. Speaker, I ran for Congress to take on and address the tough issues facing our Nation and the world and leave it a better place for my grandchildren, which I will note climbed to number 16 with the arrival of Truett Ryan Babin just yesterday. When I say the tough issues, I mean the ones most of us would agree on: border security, immigration, taxes, trade, national security, and on and on. But when you take this job, you realize that working on behalf of your constituents as their elected Representative to the Federal Government can mean taking on issues that you weren't expecting to, and this is certainly one such case. But I am proud and honored to be here, and I thank the leaders from both sides of the aisle who have come together and worked with us to get H.R. 759, the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Settlement Act, passed favorably out of committee and here to the floor today. I am not in this fight because of a love for gaming. I am here because it is about fairness. It is about equal treatment under the law, jobs, and economic development and opportunity. With the exception of a few years in the military, I have lived in southeast Texas all of my life, and I have seen firsthand how these proud Native Americans have provided jobs and economic opportunity not only for members of their Tribe but for Texans throughout our entire region. That is why the 32 government and civic organizations who live and work closest to this reservation have given their strong endorsement of this bill. Mr. Speaker, I include in the Record the letters and resolutions from every one of them. Government & Community Entities in Support of H.R. 759 Chambers County, Cherokee County Commissioners Court, CHI St. Luke's Health Memorial, Cleveland Chamber of Commerce, Deep East Texas Council of Governments, Hardin County Commissioners Court, City of [[Page H7363]] Ivanhoe, Jasper County Commissioners Court, Jasper Economic Development Corp, Jefferson County Commissioners Court. City of Livingston, Texas, Livingston Rotary Club, Lufkin & Angelina County Chamber of Commerce, Madison County Commissioners Court, National Congress of American Indians, Newton County Commissioners Court, City of Onalaska, Texas, Orange County Commissioners Court, Polk County Chamber of Commerce, Polk County Commissioners Court. Polk County GOP, The River Church, Sabine County Commissioners Court, San Augustine County Commissioners Court, San Jacinto County, Trinity County Commissioners Court, Tyler County Chamber of Commerce, Tyler County Hospital District, USET Sovereignty Protection, Walker County Commissioners Court, Walling Printing Company, City of Woodville. ____ resolution Whereas, the Alabama-Coushatta Tribe of Texas is a federally recognized Indian Tribe located in Polk County, Texas and is committed to supporting the economic development and creation of jobs within Polk County and surrounding counties of Deep East Texas; and Whereas, the Alabama-Coushatta Tribe of Texas' Naskila electronic bingo facility, has created over 560 new jobs in Deep East Texas and is the third largest employer in the region, and is responsible for injecting nearly $140 million annually in revenue to the region; and Whereas, the Alabama-Coushatta Tribe of Texas provided over 46 fully paid collegiate scholarships for graduating high school students of the Tribe in 2018; and Whereas, the Alabama-Coushatta Tribe of Texas being a good community partner, contributed $500,000 in donations after Hurricane Harvey to several counties, and purchased 30 manufactured home units; and Whereas, United States Congressman Brian Babin (R- Woodville) has filed H.R. 759 to clarify conflicting federal statutes regarding the right of the Alabama-Coushatta Tribe of Texas to offer Class II electronic bingo on their tribal lands pursuant to the Indian Gaming Regulatory Act, a right enjoyed and exercised by the Kickapoo Traditional Tribe ofTexas since 1996; and Whereas, the passage of H.R. 759 is vital to continued economic development and health of both the Alabama-Coushatta Tribe of Texas and all Deep East Texas; Now, therefore, be it Resolved, the Cherokee County Commissioners Court hereby joins the Alabama-Coushatta Tribe of Texas in support of its effort for passage of H.R. 759 to clarify that the Tribe can enjoy the opportunity for tribal economic development on terms that are equal and fair, and to protect jobs. Further, the Cherokee County Commissioners Court urgently requests that United States Senators John Cornyn and Ted Cruz of Texas, as well as the other 35 Texans elected to the United States House of Representatives, join Congressman Babin in securing the enactment of H.R. 759 into law. Witness our hands this 9 day of July, 2019. Chris Davis, County Judge. Kelly Traylor, Commissioner, Precinct 1. Steven Norton, Commissioner, Precinct 2. Patrick Reagan, Commissioner, Precinct 3. Billy McCutcheon, Commissioner, Precinct 4. ____ Whereas, the Alabama-Coushatta Tribe of Texas is a federally recognized Indian Tribe located in Polk County, Texas and is committed to supporting the economic development and creation of jobs within Polk and surrounding counties of Deep East Texas; and Whereas, the Alabama-Coushatta Tribe of Texas' Naskila electronic bingo facility, has created over 560 new jobs in Deep East Texas and is the third largest employer in the region, and is responsible for injecting nearly $140 million annually in revenue to the region; and Whereas, the Alabama-Coushatta Tribe of Texas provided over 46 fully paid collegiate scholarships for graduating high school students of the Tribe in 2018; and Whereas, the Alabama-Coushatta Tribe of Texas being a good community partner, contributed $500,000 in donations after Hurricane Harvey to several counties, and purchased 30 manufactured home units; and Whereas, United States Congressman Brian Babin (R- Woodville) has filed H.R. 759 to clarify conflicting federal statutes regarding the right of the Alabama-Coushatta Tribe of Texas to offer Class II electronic bingo on their tribal lands pursuant to the Indian Gaming Regulatory Act, a right enjoyed and exercised by the Kickapoo Traditional Tribe of Texas since 1996; and Whereas, the passage of H.R. 759 is vital to continued economic development and health of both the Alabama-Coushatta Tribe of Texas and all Deep East Texas; Now, therefore, be it Resolved, the CHI St. Luke's Health Memorial hereby joins the Alabama-Coushatta Tribe of Texas in support of its effort for passage of H.R. 759 to clarify that the Tribe can enjoy the opportunity for tribal economic development on terms that are equal and fair, and to protect jobs. Further, the CHI St. Luke's Health Memorial urgently requests that United States Senators John Cornyn and Ted Cruz of Texas, as well as the other 35 Texans elected to the United States House of Representatives, join Congressman Babin in securing the enactment of H.R. 759 into law. Approved this 26 day of March, 2019. Monte Bostwick, Market Chief Executive Officer, CHI St. Luke's Health Memorial. ____ Greater Cleveland Chamber, Cleveland, Texas, April 24, 2019. Naskila Gaming, Yolanda Poncho, Public Relations Manager, Alabama-Coushatta Tribe of Texas, Livingston, Texas. Dear Mrs. Poncho: Thanks to you and your team for the presentation to our Board on Thursday, April 4, 2019 regarding a resolution by our board supporting HR 459. Our Board held its regular meeting on Thursday, 4/18/19 and discussed the issue. After review by our board and it has been determined that Greater Cleveland Chamber By-Laws will not allow a resolution endorsing the bill. The Board did vote to send give the attached letter supporting Naskila. I hope this helps your cause and thank all of you a Naskila for the support your give to the Chamber and the Cleveland community. Please feel free to contact me if you have any questions regarding the above. Respectfully, Charlie Rice, President & Chairman of the Board. Jim Carson, Vice President and COO. ____ Greater Cleveland Chamber, Cleveland, Texas, April 24, 2019. To Whom It May Concern: This is a Letter of Support for Naskila Gaming, 540 State Park Road 56, Livingston Texas and the Alabama-Coshatta Tribe of Texas. Naskila Gaming joined the Greater Cleveland Chamber of Commerce in October 2016 at the ``Distinguished Investor'' membership level. They are committed to our Chamber events and were a Bronze Level sponsor of our 2019 annual awards banquet--Cleveland Through the Ages. The Greater Cleveland Chamber appreciates the support Naskila gives to both the people, as well as the businesses in the greater Cleveland area. Sincerely, Charlie Rice, President & Chairman of the Board. Jim Carson, Vice President and COO. DETCOG RES0LUTION--Deep East Texas Council of Governments & Economic Development District IN SUPPORT OF THE ALABAMA-COUSHATTA TRIBE OF TEXAS WHEREAS, the Alabama-Coushatta Tribe of Texas is a federally recognized Indian Tribe located in Polk County, Texas and is committed to supporting the economic development and creation of jobs within Polk and neighboring counties of Deep East Texas; and WHEREAS, through the creation of Naskila Gaming, the Alabama-Coushatta Tribe of Texas has created over 560 new jobs in Deep East Texas and is the third largest employer in the region, and is responsible for injecting nearly $140 million annually into our regional economy; and WHEREAS, the Alabama-Coushatta Tribe of Texas is a great asset to our region and a wonderful neighbor and friend to all of Texas. When Hurricane Harvey devastated our state, they were among the first to step up and provide emergency financial assistance to victims throughout Deep East Texas and many other hard-hit areas; and WHEREAS, the Alabama-Coushatta Tribe of Texas supports the youth of Deep East Texas and provided 46 fully paid collegiate scholarships for graduating high school students in 2018, and WHEREAS, the Alabama-Coushatta Tribe of Texas deserves to be treated equally and fairly and enjoy the same opportunities as other federally recognized Tribes; and WHEREAS, federal statutes conflict regarding the right of the Alabama-Coushatta Tribe of Texas to offer Class II electronic bingo on their tribal lands pursuant to the Indian Gaming Regulatory Act, a right enjoyed and exercised by the Kickapoo Traditional Tribe of Texas since 1996, and Representative Brian Babin has filed legislation to clarify the conflicting federal statutes; Now, therefore, be it RESOLVED,the Board of Directors of the Deep East Texas Council of Governments hereby states its support for the Alabama-Coushatta Tribe of Texas in the effort to clarify that the Tribe can enjoy the opportunity for tribal economic development on terms that are equal and fair, and to protect jobs. ADOPTED by the Board of Directors of the Deep East Texas Council Governments and Economic Development District on the 28th day of March, 2019. The Honorable Daphne Session, President. The Honorable Roy Boldon, Secretary. [[Page H7364]] Resolution--12-19 STATE OF TEXAS, Sec. , COMMISSIONERS COURT. COUNTY OF HARDIN, Sec. , OF HARDIN COUNTY, TEXAS. BE IT REMEMBERED at a meeting of Commissioners Court of Hardin County, Texas, held on this 26TH Day of March. 2019, on motion by LW Cooper Jr., Commissioner of Precinct No. 1, and second by . . .. Alvin Roberts, Commissioner of Precinct No. 4, the following RESOLUTION was adopted: A RESOLUTION IN SUPPORT OF H.R. 759 Whereas, the Alabama-Coushatta Tribe of Texas is a Federally recognized Indian Tribe located in Polk County, Texas and is committed to supporting the economic development and creation of jobs within Polk and surrounding counties of Deep East Texas; and Whereas, the Alabama-Coushatta Tribe of Texas' Naskila electronic bingo facility has created over 560 new jobs in Deep East Texas. and is the third largest employer in the region and is responsible for injecting nearly $140 million annually in revenue to the region; and Whereas, the Alabama-Coushatta Tribe of Texas provided over 46 fully paid collegiate scholarships for graduating high school students of the Tribe in 2018; and Whereas, the Alabama-Coushatta Tribe of Texas being a good community partner contributed $500,000.00 in donations after Hurricane Harvey to several counties, and purchased 30 mobile home units; and Whereas, United State Congressman Brian Babin (R-Woodville) has filed H.R. 759 to clarify conflicting federal statutes regarding the right of the Alabama-Coushatta Tribe of Texas to offer Class II Electronic Bingo on their tribal lands pursuant to the Indian Gaming Regulatory Act, a right enjoyed and exercised by the Kickapoo Traditional Tribe of Texas since 1996; and Whereas, the passage of H.R. 759 is vital to continued economic development and health of both the Alabama-Coushatta Tribe of Texas and all Deep East Texas; Now, therefore, be it RESOLVED that the Hardin County Commissioners Court hereby joins the Alabama-Coushatta Tribe of Texas in support of its effort for passage of H.R. 759 to clarify that the Tribe can enjoy the opportunity for tribal economic development on terms that are equal and fair, and to protect jobs. FURTHER, the Hardin County Commissioners Court urgently requests that United States Senators John Cornyn and Ted Cruz of Texas, as well as the other 35 Texans elected to the United States House of Representatives, join Congressman Babin in securing the enactment of H.R. 759 into law.. SIGNED this 26th, day of MARCH, 2019. Judge Wayne McDaniel, County Judge L.W. Cooper Jr., County Commissioner, Precinct 1. Commissioner Chris Kirkendall, County Commissioner, Precinct 2. Ken Pelt Commissioner, Ken Pelt, County Commissioner, Precinct 3. Commissioner, Alvin Roberts, County Commissioner, Precinct 4. Mr. BABIN. All I want is for this Tribe in my district to simply have the same rights and the same opportunities as their counterparts at the Kickapoo Tribe of Texas facility in Eagle Pass, Texas, and what they deserve under a fair interpretation of IGRA, the Indian Gaming Regulatory Act. Why should one Tribe be able to play bingo and another Tribe not be able to in the same State of Texas? Poverty and joblessness are a scourge in many communities across this country, but the consequences are especially dire on the reservation lands of the Native American peoples across this Nation. {time} 2145 This facility has already helped turn that tide of poverty away from my district, creating over 500 jobs, contributing $140 million in economic activity each year. But all of those benefits and more aren't just at risk if this bill doesn't pass. They are guaranteed to go away. So please join us today and stop that from happening, and please support this bill. Mr. CURTIS. Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Hurd). Mr. HURD of Texas. Mr. Speaker, I rise today in support of H.R. 759, the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Settlement Act. As a Representative with more Tribes in my district than any other Texan, it is my solemn obligation to fight on behalf of Texas' native people. I am a proud Texan, and there is no greater State in the Union, no prouder people than we Texans, and for all the blessings bestowed upon the Lone Star State, we still fall short in our efforts of providing true economic stability to our Native American Tribes. The Ysleta del Sur Pueblo are the oldest community in the State of Texas claiming a governing body since 1682. During the Texas Revolution, it was the Alabama-Coushatta of East Texas who provided refuge, food, and medicine to the great Sam Houston and his army. Their story is sewn into the fabric of Texas' history. Mr. Speaker, H.R. 759 is not about whether one agrees or disagrees with gambling. This bill isn't about gambling. It is about letting two Tribes in two of Texas' most economically distressed zones engage in what every other Tribe in America engages in. This bill would allow these two Tribes in Texas to do bingo. That is it. Not blackjack. Not poker. Not craps. Just bingo. For too long, the Alabama-Coushatta and the Tigua Tribes have been prevented from achieving self-sufficiency. It is time we right this wrong. We will take today efforts to give the Alabama-Coushatta and Ysleta del Sur Pueblo Tribes a chance to embark on the American Dream. We will vote to lift their families out of poverty. We will vote to educate their youth, and we will vote to grow their economies. I am hoping my 432 colleagues say ``yes'' with their vote. I want to thank the distinguished gentleman from the great State of Texas, my friend, Dr. Babin, and I want to thank my friends on the other side of the aisle, Chairman Grijalva and others, because without them, this would not have happened. Mr. Speaker, we still work in a bipartisan way here in Washington, D.C., and the fact that we are going to help these two Tribes support their community is an example of this today. Mr. CURTIS. Mr. Speaker, I have no more speakers on this bill, and I yield back the balance of my time. Mr. SAN NICOLAS. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I, too, do not wish for my support of this measure to indicate or to be misconstrued as support for gaming. My support of this measure has everything to do with what my colleague on the other side of the aisle has stated. This is about parity, and this is about the unique sovereignty that recognized Tribes have with the Federal Government through our own Constitution. If we are going to be recognizing this unique sovereignty, we should do so equally among all the other Tribes. This equality is so necessary if we are going to maintain the credibility of the process. Mr. Speaker, I am grateful for my colleagues and all the work that they put into this, and I yield back the balance of my time The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Guam (Mr. San Nicolas) that the House suspend the rules and pass the bill, H.R. 759, as amended. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed. A motion to reconsider was laid on the table. ____________________
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