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Oversight Hearing Committee on Resources Us House TRIBAL PROPOSALS TO ACQUIRE LAND-IN-TRUST FOR GAMING ACROSS STATE LINES AND HOW SUCH PROPOSALS ARE AFFECTED BY THE OFF-RESERVATION DIS- CUSSION DRAFT BILL. OVERSIGHT HEARING BEFORE THE COMMITTEE ON RESOURCES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED NINTH CONGRESS FIRST SESSION Wednesday, April 27, 2005 Serial No. 109-9 Printed for the use of the Committee on Resources ( Available via the World Wide Web: http://www.access.gpo.gov/congress/house or Committee address: http://resourcescommittee.house.gov U.S. GOVERNMENT PRINTING OFFICE 20-969 PS WASHINGTON : 2005 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 13:13 Aug 02, 2005 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 J:\DOCS\20969.TXT HRESOUR1 PsN: HRESOUR1 COMMITTEE ON RESOURCES RICHARD W. POMBO, California, Chairman NICK J. RAHALL II, West Virginia, Ranking Democrat Member Don Young, Alaska Dale E. Kildee, Michigan Jim Saxton, New Jersey Eni F.H. Faleomavaega, American Samoa Elton Gallegly, California Neil Abercrombie, Hawaii John J. Duncan, Jr., Tennessee Solomon P. Ortiz, Texas Wayne T. Gilchrest, Maryland Frank Pallone, Jr., New Jersey Ken Calvert, California Donna M. Christensen, Virgin Islands Barbara Cubin, Wyoming Ron Kind, Wisconsin Vice Chair Grace F. Napolitano, California George P. Radanovich, California Tom Udall, New Mexico Walter B. Jones, Jr., North Carolina Rau´ l M. Grijalva, Arizona Chris Cannon, Utah Madeleine Z. Bordallo, Guam John E. Peterson, Pennsylvania Jim Costa, California Jim Gibbons, Nevada Charlie Melancon, Louisiana Greg Walden, Oregon Dan Boren, Oklahoma Thomas G. Tancredo, Colorado George Miller, California J.D. Hayworth, Arizona Edward J. Markey, Massachusetts Jeff Flake, Arizona Peter A. DeFazio, Oregon Rick Renzi, Arizona Jay Inslee, Washington Stevan Pearce, New Mexico Mark Udall, Colorado Devin Nunes, California Dennis Cardoza, California Henry Brown, Jr., South Carolina Stephanie Herseth, South Dakota Thelma Drake, Virginia Luis G. Fortun˜ o, Puerto Rico Cathy McMorris, Washington Bobby Jindal, Louisiana Louie Gohmert, Texas Marilyn N. Musgrave, Colorado Steven J. Ding, Chief of Staff Lisa Pittman, Chief Counsel James H. Zoia, Democrat Staff Director Jeffrey P. Petrich, Democrat Chief Counsel (II) VerDate 11-MAY-2000 13:13 Aug 02, 2005 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 J:\DOCS\20969.TXT HRESOUR1 PsN: HRESOUR1 CONTENTS Page Hearing held on Wednesday, April 27, 2005 ......................................................... 1 Statement of Members: Kind, Hon. Ron, a Representative in Congress from the State of Wisconsin ....................................................................................................... 2 Pombo, Hon. Richard W., a Representative in Congress from the State of California ................................................................................................... 1 Prepared statement of ............................................................................... 2 Statement of Witnesses: Abrams, Rev. Cynthia J., Director, Alcohol, Other Addictions, and Health Care Work Area, General Board of Church and Society of the United Methodist Church ......................................................................................... 42 Prepared statement of ............................................................................... 43 Blackdeer, Hon. Wade, Vice-President, Ho-Chunk Nation ........................... 16 Prepared statement of ............................................................................... 18 Blind, William, Vice-Chairman, Cheyenne and Arapaho Tribes of Oklahoma ...................................................................................................... 20 Prepared statement of ............................................................................... 22 Brady, Steve, Sr., Co-Chair, Northern Cheyenne Sand Creek Massacre Site Committee, and President, Northern Cheyenne Sand Creek Massacre Descendants .................................................................................. 34 Prepared statement of ............................................................................... 35 Response to questions submitted for the record by Otto Braided Hair on behalf of the Northern Cheyenne Sand Creek Massacre Committee .............................................................................................. 48 Burzynski, Hon. J. Bradley, State Senator, 35th District, State of Illinois 23 Prepared statement of ............................................................................... 25 Enyart, Charles D., Chief, Eastern Shawnee Tribe of Oklahoma ................ 11 Prepared statement of ............................................................................... 13 Response to questions submitted for the record ..................................... 53 Foltin, Hon. Craig, Mayor, City of Lorain, Ohio ............................................ 27 Prepared statement of ............................................................................... 29 Response to questions submitted for the record ..................................... 59 Jackson, Hon. Jesse L., Jr., a Representative in Congress from the State of Illinois ........................................................................................................ 7 Prepared statement of ............................................................................... 9 Kindt, John Warren, Professor, University of Illinois ................................... 36 Prepared statement of ............................................................................... 38 Response to questions submitted for the record ..................................... 61 Weller, Hon. Jerry, a Representative in Congress from the State of Illinois ............................................................................................................ 3 Prepared statement of ............................................................................... 5 (III) VerDate 11-MAY-2000 13:13 Aug 02, 2005 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 J:\DOCS\20969.TXT HRESOUR1 PsN: HRESOUR1 VerDate 11-MAY-2000 13:13 Aug 02, 2005 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 J:\DOCS\20969.TXT HRESOUR1 PsN: HRESOUR1 OVERSIGHT HEARING ON TRIBAL PROPOSALS TO ACQUIRE LAND-IN-TRUST FOR GAMING ACROSS STATE LINES AND HOW SUCH PROPOSALS ARE AFFECTED BY THE OFF- RESERVATION DISCUSSION DRAFT BILL. Wednesday, April 27, 2005 U.S. House of Representatives Committee on Resources Washington, D.C. The Committee met, pursuant to notice, at 11:09 a.m., in Room 1324, Longworth House Office Building, Hon. Richard W. Pombo [Chairman of the Committee] presiding. Present: Representatives Pombo, Radanovich, Walden, Nunes, Drake, Fortuno, Kildee, Kind, Inslee, Tom Udall, Bordallo, Herseth and Costa. STATEMENT OF THE HON. RICHARD W. POMBO, A REPRESENT- ATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA The CHAIRMAN. The Committee on Resources will come to order. The Committee is meeting today to hear testimony on tribal pro- posals to acquire land-in-trust for gaming and how such proposals are affected by the off-reservation discussion draft bill that I pro- posed. Under Rule 4(g) of the Committee Rules, any oral opening state- ments at hearings are limited to the Chairman and Ranking Minority Member. This will allow us to hear from our witnesses sooner and help Members keep to their schedules. Therefore, if other Members have statements, they can be included in the hear- ing record under unanimous consent. I ask unanimous consent that my entire opening statement will be in the record. I am going to just abbreviate my opening state- ment because of the late beginning of the hearing. The purpose of today’s hearing is to continue the Committee’s in- quiry into off-reservation gaming. Last month the Committee held a hearing on a discussion draft bill I authored that would restrict and reform the process by which newly acquired off-reservation lands are taken into trust for gaming purposes. Committee mem- bers and witnesses both provided excellent analysis of the draft bill. It has also resulted in a tremendous amount of unsolicited (1) VerDate 11-MAY-2000 13:13 Aug 02, 2005 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 J:\DOCS\20969.TXT HRESOUR1 PsN: HRESOUR1 2 input from tribes, local leaders and private citizens across the Na- tion. Today’s hearing will focus on one aspect of the discussion draft bill, the provision dealing with tribes seeking trust lands for gam- ing in States where they don’t reside. There is no official list of tribes in this situation, but one tribal witness in the last hearing provided a good list of such proposals. [The prepared statement of Mr. Pombo follows:] Statement of The Honorable Richard Pombo, Chairman, Committee on Resources The purpose of today’s hearing is to continue the Committee’s inquiry into off-res- ervation gaming. Last month, the Committee held a hearing on a discussion draft bill I authored that would restrict and reform the process by which newly-acquired, off-reservation lands are taken into trust for gaming purposes. Committee Members and witnesses both provided excellent analysis of the draft bill. It has also resulted in a tremendous amount of unsolicited input from tribes, local leaders, and private citizens across the nation. Today’s hearing will focus on one aspect
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