[Congressional Record Volume 146, Number 146 (Tuesday, November 14, 2000)]
[House]
[Pages H11899-H11900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      PROHIBITION OF GAMING ON CERTAIN INDIAN LANDS IN CALIFORNIA

  Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5477) to provide that gaming shall not be allowed on certain 
Indian trust lands in California that were purchased with certain 
Federal grant funds, as amended.
  The Clerk read as follows:

                               H.R. 5477

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. RESTRICTION ON RELINQUISHMENT OF LEASE.

       Prior to January 1, 2003, the Secretary of the Interior 
     shall not approve the relinquishment of any lease entered 
     into for the establishment of a health care facility for the 
     members of seven Indian Tribes or Bands in San Diego County, 
     California, unless the Secretary has determined that the 
     relinquishment of such lease has been approved, by tribal 
     resolution, by each of the seven Indian Tribes or Bands.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Gilchrest) and the gentleman from Colorado (Mr. Udall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).
  Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this legislation, authored by the gentleman from 
California (Mr. Hunter), will establish a moratorium on the approval by 
the Secretary of Interior of the relinquishment of a release of a 
health clinic until that relinquishment has been approved by tribal 
resolution by each of the seven tribes which would comprise the 
Southern Indian Health Council in Alpine, California.
  The clinic was acquired and constructed with Indian Community 
Development Block Grant funds and was constructed by the Southern 
Indian Health Council.
  I ask for Members to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UDALL of Colorado. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 5477, as amended, is legislation which addresses 
the concerns of seven Indian tribes in Southern California to provide 
that lands purchased in part with Community Development Block Grant 
funding are used for health care facilities unless alternatives are 
approved by all of the tribes.
  There have been a number of complicated issues with regard to the 
original version of this legislation; and through the work of the 
gentleman from California (Mr. Hunter) and the gentleman from 
California (Mr. Filner), those issues have been addressed.
  We appreciate the work of our colleagues on this legislation and 
support its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GILCHREST. Mr. Speaker, I yield such time as he may consume to 
the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Speaker, I want to thank the gentleman from Maryland 
(Mr. Gilchrest) for yielding me this time and taking the leadership, 
along with the Democrat side of the aisle. I note that this is 
bipartisan legislation supported by the gentleman from California (Mr. 
Filner) and the gentleman from California (Mr. Cunningham) and the 
gentleman from California (Mr. Bilbray) in the San Diego delegation.
  Mr. Speaker, this is a fairly straightforward bill. This involves 
some 8-plus acres of land in the community in Alpine, California, in my 
congressional district in San Diego County. It is land that was 
purchased with Community Development Block Grant funds.
  This land was purchased with these funds for the purpose of 
constructing a health clinic for the seven tribes that presently live 
or are located in that particular vicinity; and, indeed, the clinic 
today supports some 10,000 visits per year. Not only are tribal members 
admitted to the clinic but also nontribal members, so it is a valuable 
asset.
  Part of the land was put in the name of one of the tribes, the 
Cuyapaipe tribe, which is a wonderful tribe, some 17 members whose 
traditional homelands are about 50 miles away. They propose at this 
time, Mr. Speaker, to build a casino on this health clinic land that 
was purchased with CDBGs.
  We think, Mr. Speaker, having looked at this, that this is a fairly 
substantial departure from the tradition of allowing the autonomy and 
all of the activities that take place once the reservation status is 
attached to a piece of land to allow that to be expanded to change a 
health clinic, which has been purchased with Federal taxpayer dollars 
and which resides on land that was purchased with Federal taxpayer 
dollars, to allow that to be converted into a totally different use; 
that is, one of a casino.
  So this bill puts a 2-year moratorium on this transfer for this 
purpose. We hope that that is going to allow the tribes to try to work 
out some type of an adjustment, maybe some type of an arrangement. We 
think it is appropriate to pass it at this time to keep

[[Page H11900]]

this project from going forward. Again, this is supported by all the 
Members of the San Diego delegation. It is a bipartisan bill, and the 
gentleman from California (Mr. Filner) is a cosponsor of this 
resolution.
  Mr. CUNNINGHAM. Mr. Speaker, I rise today to support H.R. 5477, 
introduced by my colleague from California. Members should be aware 
that this legislation sets no new standards on Indian gambling. It 
addresses one specific problem with one specific parcel of land in San 
Diego County, California.
  I would hope that the matter before the House would be free from 
controversy. This legislation is supported by the entire San Diego 
delegation, with Mr. Hunter, Mr. Filner and myself as sponsors.
  This legislation prevents the Cuyapaipe Indian tribe from using land 
and buildings not connected to the tribe's traditional homeland and 
purchased with HUD Community Development Block Grants (CDBGs) for the 
establishment of a massive Indian gaming casino.
  The Cuyapaipe Community of Diegueno Mission Indians recently 
announced a proposal to relocate an outpatient health care clinic 
operated by the Southern Indian Health Council (SIHC) in Alpine, 
California. The stated purpose of the relocation is to permit the 
Cuyapaipe to construct a gaming casino on the clinic property, which 
the Cuyapaipe claim as their reservation. The Southern Indian Health 
Council was organized in 1982 by seven Indian tribes in southern San 
Diego County to provide medical care to their members. The Council's 
clinic provides vital health care services to Indian and non-Indian 
patients in a rural area of San Diego County, serving over 10,000 
patients per year, many of whom are from low income families.
  The Bureau of Indian Affairs (BIA) has recently rejected the 
Cuyapaipe tribe's application to build the casino, finding the 
paperwork incomplete. This provides a temporary stay of construction, 
leaving the door open to the future conversion of the Cuyapaipe's 
health care center into a casino. The legislation before us today 
prevents the tribe from using the clinic property to build a casino.
  Nothing in this legislation will prevent the Cuyapaipe from 
establishing gaming facilities on their traditional homeland. This bill 
does not affect the ability of the Cuyapaipe to build a casino on their 
own reservation. In fact, as amended, the bill goes to great pains to 
avoid stepping on the sensitive question of Indian gaming. It does not 
amend the Indian Gaming Regulatory Act, and the amended version before 
us does not even deal with the question of the rights of tribes to 
conduct gaming operations, or the relationship between tribal and state 
governments.
  Instead, the bill seeks to resolve a dispute among several tribes, by 
requiring that they achieve consensus before changing the use of land 
taken into trust for all of them. As one additional protection, the 
bill sunsets in January of 2003, so the prohibition is actually a two-
year moratorium
  Mr. EVERETT. Mr. Speaker, I support my distinguished colleague's bill 
H.R. 5477, which would delay casino approval on Indian Trust Lands in 
California. I understand the distinguished gentleman's concern with 
Indian gaming and its effect on surrounding communities, especially 
when those effected communities are not in favor of such gambling 
operations. I have similar concerns and for that reason I, along with 
Congressman bob Riley, introduced legislation (H.R. 5494) to block any 
construction of a gambling operation on Indian burial lands in 
Wetumpka, Alabama, which is located in my district.
  When the Creek Indians took possession of the burial lands in 1980, 
they did so with federal funds as part of an agreement with the federal 
government that the site would not be developed. In direct violation of 
the agreement, the Poarch Band of the Creek Indians now want to build a 
full-fledged casino on the property. H.R. 5494 would both block the 
establishment of a casino on the tribal grounds as well as order the 
Alabama Attorney General to pursue legal action in federal court 
against the Creeks if they go forward with the construction project.
  In closing, let me say I understand why communities are concerned 
about such activities going on in their backyard. Moral objections to 
casino gambling notwithstanding, such gaming activities place untold 
burdens on local police, fire, rescue, and other public services, not 
to mention the stress on local utilities and infrastructure.
  Mr. UDALL of Colorado. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mr. GILCHREST. Mr. Speaker, I have no more requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Gilchrest) that the House suspend the 
rules and pass the bill, H.R. 5477, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read:

       ``A bill to establish a moratorium on approval by the 
     Secretary of the Interior of relinquishment of a lease of 
     certain tribal lands in California.''.

  A motion to reconsider was laid on the table.

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