[Congressional Record Volume 159, Number 122 (Tuesday, September 17, 2013)]
[House]
[Pages H5556-H5562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
KEEP THE PROMISE ACT OF 2013
Mr. GOSAR. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1410) to prohibit gaming activities on certain Indian lands in
Arizona until the expiration of certain gaming compacts.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1410
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H5557]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep the Promise Act of
2013''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) In 2002, the voters in the State of Arizona approved
Proposition 202, the Indian Gaming Preservation and Self-
Reliance Act.
(2) To obtain the support of Arizona voters to approve
Proposition 202, the Indian tribes within Arizona agreed to
limit the number of casinos within the State and in
particular within the Phoenix metropolitan area.
(3) This Act preserves the agreement made between the
tribes and the Arizona voters until the expiration of the
gaming compacts authorized by Proposition 202.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the terms ``Indian tribe'', ``class II gaming'', and
``class III gaming'' have the meanings given those terms in
section 4 of the Indian Gaming Regulatory Act (25 U.S.C.
2703); and
(2) the term ``Phoenix metropolitan area'' means land
within Maricopa County and Pinal County, Arizona, that is
north of latitude 33 degrees, 5 minutes, 13 seconds north,
east of longitude 113 degrees, 20 minutes, 0 seconds west,
and west of longitude 110 degrees, 50 minutes, 45 seconds
west, using the NED 1983 State Plane Arizona FOPS 0202
coordinate system.
SEC. 4. GAMING CLARIFICATION.
(a) Prohibition.--Class II gaming and class III gaming are
prohibited on land within the Phoenix metropolitan area
acquired by the Secretary of the Interior in trust for the
benefit of an Indian tribe after April 9, 2013.
(b) Expiration.--The prohibition in subsection (a) shall
expire on January 1, 2027.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Gosar) and the gentleman from Arizona (Mr. Grijalva) each
will control 20 minutes.
The Chair recognizes the gentleman from Arizona.
General Leave
Mr. GOSAR. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. GOSAR. Mr. Speaker, I yield myself such time as I may consume.
H.R. 1410, the Keep the Promise Act, introduced by a bipartisan group
of Members from the Arizona delegation, would preserve Arizona's voter-
approved gaming compact by prohibiting any Indian casino on land
acquired in trust after April 9, 2013, in the Phoenix metropolitan
area. This prohibition would expire on January 1, 2027, when the
current gaming compact negotiated with the Arizona Governor expires.
This bill helps to resolve public promises that were supposedly made
in good faith to the voters of Arizona. In 2002, the voters supported
the passage of Proposition 202, which limited the number of tribally
owned casinos in the State, and it granted tribes exclusive rights to
operate casinos in Arizona. During the Proposition 202 campaign, a
public promise was made by a coalition of 17 Arizona tribes, including
the Tohono O'odham Nation, to limit casino gaming in the Phoenix
metropolitan area. Unfortunately, it appears that a tribe is on the
verge of breaking that commitment, and more than a majority of the
tribes in the State are upset.
The immediate effect of the bill is to block the Tohono O'odham
Nation from opening an off-reservation casino in the Phoenix area. This
is a modified version of a bill passed by an overwhelming majority of
the House last year.
As mentioned earlier, the bill has bipartisan support, including a
majority of the House delegation, the Governor of Arizona, and six of
the tribes that took part in the Proposition 202 agreement: the Salt
River Pima-Maricopa Indian Community, the Gila River Indian Community,
the Hualapai Tribe, the Pueblo Zuni, the Cocopah Indian Tribe, and the
Fort McDowell Yavapai Tribe.
It is important to point out that it is not just Arizona tribes that
support this bill. I have met tribes from other States, and they are
very concerned about what is happening in Arizona. They believe that if
our legislation is not signed into law, a dangerous precedent could be
set, leading to the expansion of off-reservation casinos in Arizona and
other States. They want to see Congress protect State gaming compacts.
For me, today's deliberations are not about stopping one casino or
gaming as a whole. I support gaming. The Keep the Promise Act is about
protecting the integrity of my State's gaming compact, the future of
gaming in Arizona, and, ultimately, the future of Indian gaming in this
country.
I urge adoption of the measure and reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
We're back again. This is the second time with a different piece of
legislation. And, quite honestly, H.R. 1410 is nothing more than
special interest legislation designed to protect the Phoenix market
from a few wealthy tribal gaming enterprises.
The legislation not only upsets settled law, but potentially subjects
the United States to new liabilities for breach of trust, breach of
contract, and taking claims valued in the hundreds of millions of
dollars, but it also creates a dangerous precedent for hundreds of
tribal-State compacts and land and water rights settlements that are
found nationwide.
Let's talk about those promises. The Gila Bend Act, approved and
enacted by this Congress 25 years ago, entitled the Tohono O'odham
Nation to acquire nonreservation land anywhere within three Arizona
counties in order to replace original reservation land rendered
economically useless by the Painted Rock Dam, the San Lucy District in
particular, which that community was totally destroyed.
The settlement specifically promised that the nation could acquire
new replacement land that could be used by the nation for economic
development and as a ``Federal reservation for all purposes.''
H.R. 1410 would impose additional restrictions beyond those agreed
upon by the United States and the Tohono O'odham Nation 25 years ago,
breaking the solemn promise made between two sovereign nations. This
would mark the first and only time in the modern era in which the
United States unilaterally reneges on a tribal land and water rights
settlement.
Last time around, the special interests behind this legislation tried
to amend the actual settlement language from 1986. They soon discovered
that that would open up a Pandora's box, potentially rendering more
than a century's worth of binding, legal agreements with Native
American tribes and nations moot.
This time, they thought they would be clever and instead attack the
actual State compact, but this legislation sets equally dangerous
precedent. In the 2003 compact, the State explicitly agreed that the
nation could conduct gaming on any of the nation's lands that meet the
requirements of IGRA. Proposition 202, the voter-sanctioned State law
which gave the Governor the authority to enter into the very tribal
gaming compact now in force, includes the exact same language allowing
the Tohono O'odham Nation to conduct gaming on lands that meet the
requirements of IGRA.
H.R. 1410 breaks this contractual promise that Arizona made to the
Tohono O'odham Nation. It would also be the first and only time that
the United States unilaterally inserts new terms into a tribal-State
gaming compact. Let me restate that. With H.R. 1410, the Federal
Government will be stepping in and unilaterally altering a voter-
approved, legislature-approved, tribal-approved, and Governor-approved
binding tribal-State compact.
How's that for a dangerous precedent? This legislation would put all
tribal gaming compacts at risk of collateral attack by Members of
Congress.
Now the special interests are bringing H.R. 1410 up this time because
they have lost yet another court case. Since its predecessor, H.R.
2938, was introduced in 2011, almost every argument to justify H.R.
2938 and now H.R. 1410 has been rejected by Federal courts in multiple
cases. In fact, there have been 11 administrative and judicial
decisions rejecting justifications for this legislation. The latest
came on June 25, 2013, when the Federal district court ruled the
Arizona tribal-State gaming compact was fully integrated and contained
no prohibition of new gaming in Phoenix, and this foreclosed any
alleged promises not to game. The court dismissed all remaining claims
brought by plaintiffs.
[[Page H5558]]
Aside from making good on what the Federal Government promised the
Tohono O'odham Nation, this is also about jobs, jobs that this project
would create, 9,000 of them, and $300 million in annual economic
impacts that are critical to the economic well-being of the west valley
of Phoenix and the State of Arizona. This is why many of the
surrounding cities and hundreds of business leaders and trade
organizations are supportive of the project.
The city of Glendale, where the casino would be located and which was
initially party to the lawsuits, is now actively working with the
nation to move forward on the project. They see the economic benefits
it will bring. In fact, they are asking Congress not to pass this
legislation as it will only undermine their ongoing talks.
Congress needs to stop trying to interfere in this issue in order to
pick winners and losers. This bill is just a waste of time and energy
that this Congress should be spending on many more pressing issues that
face this Nation.
It should be noted that the administration has twice testified
against this bill in both versions, which regardless of what happens
today in the House, it will not become law.
I reserve the balance of my time.
Mr. GOSAR. Mr. Speaker, I yield 5 minutes to the gentleman from
Arizona, Mr. Trent Franks, the author of this bill.
Mr. FRANKS of Arizona. I thank the gentleman.
Mr. Speaker, on behalf of a lot of the Members here of the House of
Representatives, I want to thank Peggy Sampson for her tremendous work
to help us all. This is her birthday, Mr. Speaker, and we wish her a
happy birthday. We hope she has 100 more and that at least 90 of them
are spent helping us here in this House to do a better job. We
appreciate her very much.
Mr. Speaker, let me also thank Chairman Hastings and leadership for
bringing this bill to the floor today, as well as the bipartisan group
of cosponsors for their support. I certainly want to thank all of the
Members of the Arizona delegation that are in support of this bill.
Mr. Speaker, H.R. 1410, the Keep the Promise Act, seeks to prevent
Las Vegas-style gaming in the Phoenix metropolitan area until the
gaming compact that both the tribes agreed to and the Arizona voters
approved expires in 2027.
One Tucson-area tribe is trying to build a major casino on lands that
were purchased in the Phoenix metropolitan area at the very same time
they were in negotiations with other tribes in the State to craft this
gaming compact. These actions are contrary to the public commitments
that this particular tribe made between 2000 and 2002 to the 16 other
Indian tribes in Arizona, the State itself, and the voters of the State
of Arizona; and they publicly supported the passage of Proposition 202,
a State referendum to limit casino gambling in the Phoenix metropolitan
area. Mr. Speaker, the bipartisan cosponsors of H.R. 1410 are simply
trying to keep all the parties to their publicly stated commitment to
the people of Arizona not to engage in gaming in the Phoenix
metropolitan area.
Mr. Speaker, during the subcommittee hearing on this bill, witnesses
made clear that there is a problem and a serious threat to the
negotiated gaming structure in Arizona if this tribe is able to break
its promise and develop a Las Vegas-style casino in the Phoenix
metropolitan area.
{time} 1615
H.R. 1410 prevents an onerous precedent that could lead to an out-of-
control expansion of off-reservation casinos as well as dangerous
changes to the complexion of tribal gaming in other States across
America.
Mr. Speaker, tribes across this Nation, including many of the other
Arizona tribes that played an integral role in the 2002 gaming compact,
strongly support this legislation due to the impact this situation
could have on tribal gaming enterprises nationally. The bill is also
supported by the State of Arizona, the city of Glendale, the city of
Litchfield Park, the city of Scottsdale, the city of Tempe, the town of
Gilbert, and the editorial board of The Arizona Republic, which is the
largest newspaper in the State.
Additionally, Mr. Speaker, even if the casino weren't in violation of
Federal law or contrary to the voter-approved gaming compact, claims
that the operation would create jobs and benefit the economy of the
surrounding area are woefully misinformed at best and shamefully
dishonest at worst.
Tellingly, multiple organizations, including the city of Glendale,
asked that the tribe release the data and methodology supporting their
economic study, which was conducted roughly 4 years ago, and to this
day the tribe continues to steadfastly refuse. In other words, the
tribe released a batch of numbers extolling the supposed amazing
economic benefits of this new casino and then refused to tell anybody
how they came about finding and coming up with those numbers.
Mr. Speaker, this bill does not impact any tribe's ability to have
lands taken into trust, nor does it impact any water or land claims.
Consistent with the intent of the Indian Gaming Regulatory Act and
Proposition 202, this bill merely restricts the ability of tribes to
game on the very lands on which they agreed they would not game.
With that, Mr. Speaker, I respectfully ask that my colleagues join me
and the Members of Arizona's delegation in supporting this bill.
Mr. GOSAR. Mr. Speaker, I reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GRIJALVA asked and was given permission to revise and extend his
remarks.)
Mr. GRIJALVA. Let me enter into the Record three letters. One is from
Councilwoman Norma Alvarez from the city of Glendale. Let me quote from
it:
As a member of the Glendale City Council, I urge you to
oppose H.R. 1410, the so-called Keep the Promise Act. This
bill is aimed at halting the Tohono O'odham Nation's resort
and casino project in the West Valley in order to preserve
the market share of two wealthy tribes on the other side of
the valley. In serving these narrow interests, H.R. 1410 will
also be harmful to my constituents, who want the thousands of
jobs that the West Valley Resort and Casino will create.
I am part of a majority of the Glendale City Council that
supports beginning discussions with the Tohono O'odham Nation
to find ways to work together. These talks are long overdue
and they need an opportunity to succeed.
From Councilman Samuel Chavira from Glendale, let me quote from him:
As a local elected official, I believe that this
legislation is not only detrimental to my community, but is
an affront to the notion of fairness in attempting to
overturn a land settlement resolved by Congress three decades
ago brought by parties who have repeatedly failed to sustain
their position in court. My constituents want this project to
go forward, the sooner the better. Please join me in opposing
H.R. 1410.
From Ian Hugh, councilman, city of Glendale:
There is now a consensus of the Glendale City Council that
favors pursuing discussion with the Tohono O'odham Nation
about its project, which represents our first opportunity in
years to work together constructively. Passing H.R. 1410 at
this moment would undercut the very local communities it is
supposed to protect.
I ask you to please oppose this bill and oppose any effort
to move forward on H.R. 1410 until after the discussions
between the city and the tribe have run their course.
I also have one additional communication to enter. It is from
Glendale Grassroots Tea Party Activists, and let me quote from their
communications to Congress:
I feel confident that I speak for the majority of those
involved with the grassroots Tea Party in Glendale as well as
other Tea Party organizations in the West Valley that we all
can be in agreement that to continue on this insane spending,
egotistical stubbornness, and refusal to sit down in a
professional-like manner and talk regarding this issue will
eventually be the death trap financially of this city and the
State, and hurt many innocent families in keeping good-paying
permanent jobs out of their reach.
I am sending each of you a copy of this letter as well as
posting it on Facebook Web pages of many of the legislative
districts, Tea Party organizations, Republicans coalitions,
and various other organizations, to ensure a peaceful
resolution.
With that, I reserve the balance of my time.
September 13, 2013.
Hon. Trent Franks,
U.S. House of Representatives, Rayburn House Office Building,
Washington, DC.
As a member of the Glendale City Council, I urge you to
oppose H.R. 1410, the so-called Keep the Promise Act of 2013.
This bill is aimed at halting the Tohono O'odham Nation's
resort and casino project in the West Valley in order to
preserve the market share of two wealthy tribes on the other
side of the valley. In serving these narrow interests,
[[Page H5559]]
H.R. 1410 will also be harmful to my constituents, who want
the thousands of jobs that the West Valley Resort and Casino
will create.
I am a native and lifelong resident of Glendale and have
supported the West Valley Resort project since I was elected
to the Glendale City Council in 2010. I have watched as the
opposition's misinformation about the Nation's project, all
of which has been totally discredited point by point. I have
also seen the enduring support for the project among my own
constituents and voters across the West Valley, where public
support remains overwhelming.
I have met with the leaders of the Nation and they are
honorable people. The Nation has been a strong community
partner in Glendale and the West Valley, supporting our
schools, our community events, and our local nonprofits. Even
before a single brick has been laid, they have already
established themselves as good neighbors.
I am part of a majority of the Glendale City Council that
supports beginning discussions with the Tohono O'odham Nation
to find ways to work together. These talks are long overdue
and they need an opportunity to proceed.
Written Testimony of the Honorable Samuel U. Chavira, City of Glendale,
Arizona Yucca District Councilman
Chairman Young, Ranking Member Hanabusa, and distinguished
members of the Subcommittee on Indian and Alaska Native
Affairs, my name is Samuel (Sam) Chavira and I am
respectfully submitting these comments opposing H.R. 1410.
I am submitting these comments on my own behalf although I
would have strongly preferred to share them with you in
person but apparently the Subcommittee did not want to hear
from the many in our local community who are opposed to H.R.
1410. Allowing the minority local opposition to appear while
denying the majority local supporters the same opportunity is
an abuse of discretion and protocol to which I strongly
object.
I am among three members of the Glendale City Council who
support this project, two of whom were elected to the
Glendale City Council in November of 2012 to a four-year
term. The West Valley Resort and casino project was a
cornerstone of my campaign as I defeated a four-term
incumbent who opposed the resort and casino. I spoke to
literally thousands of constituents over several months and
nine out of every ten people I talked with joined me in
support of the project because of the jobs and economic
impact that it will provide to Glendale. So today I am
submitting this written testimony in opposition to H.R. 1410
on behalf of my constituents in the Yucca District which
borders the Tohono O'odham Nation's West Valley Resort and
casino property. Not only is this legislation detrimental to
our local community, but is even worse than Representative
Franks' previous proposal, which I also opposed. Under this
version, we would be left with the Nation's land in
reservation status but without the ability to develop the
land to its highest and best use.
For those of you who are not familiar with the West Valley,
it is a reference to the communities west of the City of
Phoenix. The City of Glendale is the largest community in the
West Valley, with a population of more than 230,000. My
district is home to approximately 40,000 Glendale residents
and is fortunate to have community assets like Luke Air Force
Base, Jobing.com Arena, University of Phoenix Stadium, the
Glendale Municipal Airport and Camelback Ranch Spring
Training facility. While on the campaign trail, I was pleased
to learn so much about my district and the needs of my
constituents. The issue that my constituents were
particularly eager to discuss was the Tohono O'odham Nation's
West Valley Resort and casino. The overwhelming majority of
the residents I spoke to favor the proposed project, and were
quick to share with me the many benefits associated with the
project's construction and development.
As the Yucca district is the only Glendale City Council
district adjacent to the Nation's land, I wanted to share my
perspective with you. The City of Glendale's financial
situation is precarious, and I strongly believe that a
project of this magnitude will significantly contribute to
the City's economic stability and ultimate recovery. The
Nation seeks no subsidies and has committed to pay their fair
share for infrastructure and services, and the employment
their project will generate will bring thousands of quality
jobs to the region that my constituents want and need.
As a local elected official, I believe that this
legislation is not only detrimental to my community, but is
an affront to the notion of fairness in attempting to
overturn a land settlement resolved by Congress three decades
ago brought by parties who have repeatedly failed to sustain
their position in court. My constituents want this project to
go forward, the sooner the better. Please join me in opposing
H.R. 1410.
September 13, 2013.
Hon. Trent Franks,
U.S. House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Representative Franks, I am writing to ask you to
oppose H.R. 1410, a bill aimed at halting the Tohono O'odham
Nation's proposed West Valley Resort and Casino.
I speak from the perspective of a lifetime Glendale
resident; business owner for 35 years, former City
Councilmember from 1986-1991; 8-year former Board Member and
Past President of the Glendale Union High School District;
and current Glendale City Councilmember.
Glendale is faced with a unique opportunity for a major
economic development project in the West Valley Resort and
Casino. I have met with the leaders of the Tohono O'odham
Nation and have studied the impacts of their project. It
would be the largest construction project in the region and
would create thousands of permanent jobs, as well as hundreds
of millions of dollars in economic impacts.
It just does not make any sense for Congress to intervene
to stop this project, especially with H.R. 1410. This
legislation unilaterally amends the Nation's settlement with
the federal government to draw an arbitrary line across the
state in a fashion that does more to protect the market share
of special interests than serve any public good.
It's also a terrible deal for Glendale because H.R. 1410
would still leave us with the Nation's land in reservation
status, while preventing the property from being put to its
highest and best use.
There is not a consensus of the Glendale City Council that
favors pursuing discussion with the Tohono O'odham Nation
about its project, which represents our first opportunity in
years to work together constructively. Passing H.R. 1410 at
this moment would undercut the very same local communities it
is supposed to protect.
I ask you to please oppose this bill and oppose any effort
to move forward on H.R. 1410 until after the discussion
between the City and the tribe have run their course.
Sincerely,
Ian Hugh,
Councilmember.
August 12, 2013.
Mayor Jerry Weiers,
Councilman Ian Hughes,
Councilwoman Norma Alvarez,
Councilman Sam Chavira,
Councilman Manny Martinez,
Councilwoman Yvonne Knaack,
Councilman Gary Sherwood,
Attorney General Tom Horne,
To the Mayor of the City of Glendale, all Members of City
Council and the Attorney General for the State of Arizona.
I am speaking as an individual concerned citizen of the
City of Glendale with regards to the excess spending in
lawsuits for the past 4+ years against the Tohono O'odham
Nation in their pursuit of creating a Free Enterprise project
that entails the creation of upwards of 3500-4000 permanent
much needed jobs for the people in Glendale and surrounding
West Valley communities.
Free Enterprise is one of our greatest US Constitutional
rights. To continue to deny this venture that will help
families keep their homes, put food on their tables, clothing
on their children, and pursue the American Dream is a
travesty. Taking away good hard earned money in the form of
taxes to continue to pay lawyers who knowingly continue this
mockery of so called justice to suit only a small special
interest group in their quest of having a monopoly on a
specific enterprise is outrageous.
This is purely all about keeping all the profits to one-two
specific tribal groups who do not want any competition as
I've been personally told by both Senator McCain and
Congressman Franks. To use the words spoken specifically to
me by Senator McCain--It's All About The Money. Truer words
were never spoken.
The Tohono O'odharm Nation have won all lawsuits costing
both the State of Arizona and City of Glendale millions of
dollars in taxpayer money to fight frivolous lawsuits--State
of Arizona to the tune of $4.4 million and the City of
Glendale $5-6 million. How much longer can the State and the
City continue this insanity before either one or both go
bankrupt and for what. Ego?
Mayor Weiers, you campaigned on the promise that if the TO
Nation won their suit that was pending last October/November
2012, you would go with whatever the courts decided. The
courts, Again, decided in favor of the TO Nation and once
more after that. So that's 2 more Wins for TO Nation. Isn't
it about time you kept your promise to the citizens of the
City of Glendale.
I understand that thousands of letters are pouring into
Councilmembers hands as well as to the Mayor all in favor of
stopping the insane spending to continue fighting a fight
that is a Gila River Indian Community Fight to keep all the
money that they feel is `their' money from profits from their
Casinos. This is not about the Casino any longer. It is about
taxpayers money, lost jobs, and lost revenue to the City of
Glendale as well as hurting Westgate businesses and other
surrounding businesses.
Surely all of you Councilmembers, the Mayor and Attorney
General Tom Horne recognize the wall you are up against and
realize to maintain your integrity you must see, recognize
and adhere to the will of the people in the City of Glendale,
Phoenix, Surprise, Sun City, Peoria, Tolleson, Buckeye, and
other surrounding cities who want the Spending to STOP!
Please be adults and good, principled business people. Be
willing to accept the Olive Branch that has been provided to
you all to sit down at the table to talk and pursue
negotiations of what will be feasible, productive both
financially and opportunistically to all parties including We
The People who voted you all into office. We The People,
[[Page H5560]]
with our tax dollars, pay all of your salaries. It is in all
of your best interests to listen to the majority who are
asking that you STOP the wasteful spending in lawsuits and
become more productive in pursuing an amicable solution by
coming together with the TO Nation in sit down in talks with
the sole intent of coming to a resolution that provides for
everyone.
I have spoken to many people in the Grassroots Tea Party
Activists in Glendale who are definitely in favor of stopping
the wasteful spending of taxpayer money on these frivolous
lawsuits against the TO Nation especially when it is costing
people their livelihood, and chance of better jobs, or just
at having permanent jobs. We have a few who are not in favor
of Casinos, any casinos, on moral principles. Vast majority
though will concede the common sense thing to do right now
after the TO Nation has already won approximately 12
lawsuits, leaving the State of Arizona & the City of Glendale
in debt to the TO Nation combined total at around $10 million
plus.
I feel confident that I speak for the majority of those
involved in the GRTP in Glendale as well as other Tea Party
Organizations in the West Valley that we all can be in
agreement that to continue on in this insane spending,
egotistical stubbornness, and refusal to sit down in a
professional like manner and talk regarding this issue will
eventually be the death trap financially of this City and the
State and hurt many innocent families in keeping good paying
permanent jobs out of their reach.
I am sending each of you a copy of this letter as well as
posting it on Facebook webpages of many of the Legislative
Districts, Tea Party organizations, Republican Coalitions and
various other organizations, to ensure that a peaceful
resolution be brought to the table and No More Lawsuits.
Thank you.
In Liberty,
Francine Romesburg,
Grassroots Tea Party Activists--Glendale Facilitator.
H.R. 1410 prevents an onerous precedent that could lead to
an out of control expansion of off-reservation casinos as
well as dangerous changes to the complexion of tribal gaming
in other states across America.of off-reservation casinos o
the complexion of tribal America.
Mr. Speaker, tribes across this nation, including many of
the other Arizona tribes that played an integral role in the
2002 gaming compact, strongly support this legislation due to
the impact this situation could have on tribal gaming
enterprises nationally. This bill is also supported by the
State of Arizona, the City of Glendale, the City of
Litchfield Park, the City of Scottsdale, the City of Tempe,
the Town of Gilbert, and the Editorial Board of the Arizona
Republic, which is the largest newspaper in the State.
Additionally, Mr. Speaker, even if the casino weren't in
violation of federal law or contrary to the voter approved
gaming compact, claims that the operation would create jobs
and benefit the economy of the surrounding area are woefully
misinformed, at best, and shamefully dishonest, at worst.
Tellingly, multiple organizations, including the City of
Glendale, asked that the tribe release the data and
methodology supporting their economic study (which was
conducted roughly four years ago) and, to this day, the tribe
continues to steadfastly refuse.
In other words, the tribe released a batch of numbers
extolling the supossed amazing economic benefits of this new
casino, then refuses to tell anybody how they came up with
the numbers.
Mr. Speaker, this bill does not impact any tribe's ability
to have lands taken into trust, nor does it impact any water
or land claims. Consistent with the intent of the Indian
Gaming Regulatory Act and Proposition 202, this bill merely
restricts the ability of tribes to game on the very lands on
which they agreed they would not game.
I respectfully ask that my colleagues join me and members
of Arizona's delegation in supporting this bill. With that,
Mr. Speaker, I yield back.
Mr. GOSAR. Mr. Speaker, may I inquire regarding the amount of time
remaining?
The SPEAKER pro tempore. The gentleman from Arizona has 13 minutes
remaining.
Mr. GOSAR. Mr. Speaker, I yield 5 minutes to the gentleman from
Arizona (Mr. Schweikert).
Mr. SCHWEIKERT. Mr. Speaker, I thank Congressman Gosar, and from all
of us, I see Peggy has slipped off the floor, but happy birthday.
Mr. Speaker, I actually come here before the body with somewhat of a
unique perspective on what's going on here. And I hate to admit that
I'm getting this old, but in 1993, I was the majority whip in the
Arizona State house. I was the one who was assigned to work as a
negotiator on the original IGRA compacts between the State of Arizona--
the legislature had to put its text together--and the tribal
communities, our 21 land-holding tribes within the State of Arizona. So
I spent a year of my life with lawyers and tribal members and their
lawyers and members of the legislature and members of the Governor's
office going over this over and over.
And the concern that constantly came up was, if we make this deal as
IGRA, that had passed a few years earlier and was sponsored by one of
our U.S. Senators, are we confident that this very situation that's
happening right now would not happen.
Look, I know many of the players have changed in those 20 years, but
this is what we talked about. And now I need to take you to the next
reason: Why is this so dangerous to our State?
Arizona does something, and I don't know if it's unique to our State,
but there's the ability for my poor rural tribal communities to
transfer their machines to urban communities. I believe if this casino
goes into my metropolitan area, my State, within a couple years,
becomes a full-scale gaming State because the horse track and the
others are already lining up, gearing up, I believe, to do the
initiative, saying, hey, we all thought we had this deal. Look what's
happening. They're coming into your neighborhood. Let's just put it on
the ballot and let everyone participate in full-scale gaming. And the
moment that happens, the value of the machine transfer for these poor
rural tribes that are just now starting to build that consistent cash
flow will go away.
This is much more than just dealing with the Tohono O'odham and where
their aboriginal lands are and this acquisition of lands that are 100
miles beyond. This is an issue of: Are you about to allow something to
happen that will change the very nature of my State?
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
It has been impossible to correct the misrepresentations, and to put
that mildly, the constant and sophisticated disinformation lobbying
campaign has persisted without regard to facts or reality. There has
been some constant points that were made--that H.R. 1410 is about
stopping reservation shopping and off-reservation gaming, akin to the
situation that's going on in Michigan. It is totally different. It is
unrelated, and the decree by Congress in law, upheld by State and
Federal law, points to the fact that that is not real, and it is
totally different.
The 202 initiative that the public voted on and passed, that that
somehow is in jeopardy. The last court hearing reaffirmed that that was
not the case.
And that it is a precedent for all State compacts to be opened up.
Each State compact is unique, different, with its own checks and
balances, and Arizona is no different.
This is a violation of the State gaming compact, and that there was a
gentleman's agreement. Again, the courts pointed that that was not in
fact part of the record or part of the decision, and that court
decisions, very interesting, court decisions, Interior Department
findings, are of no matter:
In 2009, April 30, the Department of Interior ruled in favor of
Tohono O'odham Nation.
In 2009, June, ruled in favor of the Tohono O'odham Nation.
In 2010, July 23, Echohawk Trust decision letter, in favor of the
Tohono O'odham Nation.
The Gila River v. U.S., 2011, March, court summary judgment in favor
of the Tohono O'odham Nation.
May 20, 2013, Ninth Circuit Court decision in favor of the Tohono
O'odham Nation.
The Tohono O'Odham Nation v. Glendale on an annexation issue 2011,
May, Court of Appeals decision, Tohono O'odham Nation.
2011, October, Supreme Court denial of petition for review, Tohono
O'odham Nation prevails.
2011, December, Supreme Court fee award, Tohono O'odham Nation
prevails.
2012, January, Superior Court judgment, Tohono O'odham Nation
prevails.
Tohono O'Odham Nation v. Arizona, 2011, June, district court summary
judgment, Tohono O'odham Nation prevails.
2011, June, again district court judgment, Tohono O'odham Nation.
Arizona v. Tohono O'Odham Nation, district court order on a motion to
dismiss claims 5 and 6; claims 1, 2, 3, and 7 in part, Tohono O'odham
Nation wins.
2013, May, district court summary judgment order, all remaining
claims except breach of contract under restatement, Tohono O'odham
Nation wins.
[[Page H5561]]
2013, June, district court summary judgment order, all remaining
claims, including breach of contract, Tohono O'odham Nation prevails.
Again, June, 2013, district court judgment, Tohono O'odham Nation
prevails.
Eleven in total administrative and judicial decisions--but let's not
let facts and judicial precedent and the fact that the Tohono O'odham
Nation has prevailed consistently against the State, against the city
of Glendale, against competing tribes over and over again and has had
the Interior Department, which, as I stated earlier, has testified
twice against the previous legislation and against this legislation.
I want to quote from The Glendale Star from their editorial of August
1:
Is it any wonder so many people distrust government--at any
level? When there are so many questions about the motives of
the plaintiffs that are suing the Tohono O'odham Nation, one
begins to ask about the greed factor.
Does anyone believe the future of Indian gaming in Arizona
is at risk if the Tohono O'odham Nation eventually wins this
long, drawn-out battle in the courts? Who is willing to bet
on the future of Indian gaming in our State?
If the congressman who is sponsoring this legislation is so
set against gambling, he should be trying to get rid of all
the casinos in the State. He should be out stumping for the
end of gaming altogether.
Instead, he is working on the side of the two major gaming
operations in the valley, both in the East Valley, by the
way, and not the West Valley.
This congressman needs to start looking in his own backyard
and trying to come up with solutions to unemployment, help
for small business owners, transportation gridlock, and more
than blocking what could be a big step toward economic
stability, i.e., jobs. At least, the nation's resort-casino
would provide construction jobs for many out-of-work
carpenters and masonry workers for a year or two. Those jobs
are needed now.
{time} 1630
I mention all this because, as I said earlier, it's been difficult to
try to counter the allegations and the misrepresentation and the
disinformation that have been leveled against the Tohono O'odham
Nation's efforts to establish a casino under a congressional decision
and law that afforded them, to make them whole because of the land they
lost because of the dam, and we're still back here on this particular
piece of legislation.
So court decisions, administrative decisions matter not. Precedent
matters not. The opening of Pandora's box, in terms of water claims and
other settlements with Indian country, matters not.
What matters is to protect some very important gaming interests and
special interests for two gaming entities that have had the luxury for
the last 5, 6, 7, 8, 10 years.
Tohono O'odham Nation has prevailed in court. The issue of a backroom
deal that wasn't kept has been ruled moot by the court. The issue that
this is somehow reservation shopping and offsite gaming has been ruled
moot by the court.
And then you have the Glendale City Council, a principal plaintiff in
this, now retreating and, rather, working with the Tohono O'odham
Nation to work out some agreements, as opposed to continuing the
litigation.
The courts have ruled $4.5 million is owed to the tribe in legal
costs by both the State and the affected gaming industry, also from
Glendale; and I think it's time, as this legislation goes forward, that
people ask a very fundamental question about this legislation: Is it
intended to preserve a gaming compact? Which, I believe, and the court
has ruled, no.
Or is it intending to preserve a market share for two gaming entities
that have enjoyed that market share by themselves?
The free market requires competition. The free market requires
opportunity. And all that is happening in this legislation is to try to
constrict the ability of people in this free market of ours to compete,
to create jobs, and to create opportunities.
Mr. Speaker, with that, I reserve the balance of my time.
Mr. GOSAR. Mr. Speaker, I'd like to acknowledge that out of our
committee this bill was reported 35-1 in favor of this bill, so a
heavily bipartisan bill reported to the House.
I reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
There's no question that the prevailing point of view--and I talked
about the disinformation--will prevail here today. I have no question
about that.
The fact that we are going against judicial decisions, undoing a law
that was passed by this Congress to make whole a tribe that lost their
land 25 years ago, and interjecting ourselves, for the first time in
the history of this Nation into a State and Native American gaming
compact, that doesn't negate that.
So, you know, my opposition, whether it's in the distinct minority or
not, is based on what I believe is reality and fact. And if this debate
were about reality and fact, and not about supposition, disinformation,
or misinformation, the debate would be in a whole different tone.
This is about economic development for the State. This is about
Congress making true on a decision they made 25 years ago, and this is
about Congress not short-cutting judicial decisions that have been made
over the course of the last 5 years, in which the Tohono O'odham Nation
has prevailed in every one of them.
So, given all that, bipartisanship, I love it, but being correct and
holding true to a decision that this Congress made 25 years ago, I
think, is consistent with the work of this House and consistent with
preserving gaming compacts in States and, more importantly, making
whole a tribe that lost valuable resources to the Federal Government in
the past.
Mr. Speaker, I reserve the balance of my time.
Mr. GOSAR. Mr. Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Chairman, thank you for yielding some time to me.
I rise in support today of H.R. 1410. The Saginaw Chippewa Tribe in
Michigan, whom I have the privilege of representing here, and for
reasons that I concur with, have asked that I support this legislation,
along with several other Michigan tribes that are opposed to off-
reservation gaming. And so I ask my colleagues to join me in support of
this legislation and in opposition to off-reservation gaming.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
In closing, let me say that the situation in Michigan, as I
mentioned, is unrelated to this. There is no legal precedent, and there
is no congressional action to guide the decisions of courts, which has
been the case with the Tohono O'odham decision and with the casino in
the West Valley.
Let me just say, this is about fairness. This is about Congress
upholding its word.
This is not about reservation shopping. It's not about offsite
gaming. It is not about a gentlemen's agreement.
And it is totally and entirely about an act that was taken 25 years
ago, upholding that act, making a tribe whole, and not opening up a
Pandora's box in which litigation will continue to proceed once this
legislation goes forward.
Mr. Speaker, I yield back the balance of my time.
Mr. GOSAR. Mr. Speaker, I yield myself as much time as I may consume.
Trust is a series of promises kept. That's the basis of all
government functions. And that is the same thing that is required of
the Tohono O'odham. When they entered into the agreement in 2002, they
publicly supported the compact which limited the amount of casinos in
the Phoenix-Greater Phoenix area.
Yes, it is true there are other precedents behind it, but contractual
law always follows and subjugates itself when you look at this.
The speaker from Arizona spoke about the dialogue with the courts.
The courts had to rule because the Tohono O'odham hid behind
sovereignty in which the tapes and discussion in which they were truly
negating or negotiating behind closed doors in dire dissent against
this compact would not be disclosed. So the court only had one way to
look.
Congress has the ability to rectify this answer, and that's why we
are here today. This is good legislation. It doesn't prohibit any of
the jurisdictions over that, except just complying with the compact to
the end of the compact, 2027. Once upon that time, then they can
renegotiate, and everybody is fairly into the game.
[[Page H5562]]
This is about trust, but it is trust from the Tohono O'odham to the
Federal Government, to the taxpayers of Arizona, to the Governor, and
to the other tribes of Arizona.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Gosar) that the House suspend the rules and
pass the bill, H.R. 1410.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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