[Congressional Record Volume 165, Number 125 (Wednesday, July 24, 2019)]
[House]
[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.
____________________