[Congressional Record (Bound Edition), Volume 159 (2013), Part 9]
[House]
[Pages 13682-13687]
[From the U.S. 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,

     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

[[Page 13683]]

     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.
  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

[[Page 13684]]

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, I will 
include other comments in the Record, and I reserve the balance of my 
time.
  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. 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,
     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, 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.

[[Page 13685]]

       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,
     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

[[Page 13686]]

     to all parties including We The People who voted you all into 
     office. We The People, 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.

  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.
  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

[[Page 13687]]

     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.
  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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