H3816 CONGRESSIONAL RECORD — HOUSE May 15, 2019 speak on this important issue. I urge of the aisle to work on stand-alone leg- good faith consultation’’ with local govern- all Members to vote ‘‘no’’ on H.R. 375. islation that would codify some of the ments. While saying the Gosar amendment Send it back to get consultation, at process. went too far, Mr. Huffman expressed a will- least, put in. I agree with the gentleman’s state- ingness to ‘‘continue collaborating on this issue’’ to ‘‘come up with something that Mr. GRIJALVA. Mr. Speaker, I yield ment about veto abilities. Any provi- would at least codify that good faith con- such time as he may consume to the sion which would give counties or local sultation part of a better process.’’ gentleman from (Mr. governments veto power over trust Bringing the bill to the Floor this Wednes- KENNEDY). land decisions is, frankly, a nonstarter. day is not a sign that such collaboration is Mr. KENNEDY. Mr. Speaker, I thank Local input is vital to these decisions being taken seriously by Democrat Leader- the chairman for his assistance, for his and should be taken into account. How- ship nor is it a pragmatic approach to resolv- leadership on this important issue, and ever, Tribal consultation is solely the ing Carcieri for the benefit of Indian Country. for the time. responsibility of the Federal Govern- The fee-to-trust system is broken because Mr. Speaker, this debate has been 10 of a provision of a 1934 law that has not been ment, as is any final decision on trans- updated since that law’s enactment. Real- years in the making for Indian Coun- ferring land into trust. istically, H.R. 375 offers an opportunity try. A decade ago, a Supreme Court And I think because of the national through which to fix it. Moving forward ruling created unnecessary confusion implications of the question of trust without reasonable consultation safeguards in the interpretation and application of land and the role that communities, on BIA’s authority will undermine successful the Indian Reorganization Act of 1934. i.e., counties and municipalities, would resolution of Carcieri. This bill, H.R. 375, would clarify the play, I think there is a need to some- It was our hope that after debate on the ensuing confusion. Among other how accommodate a level of Tribal bill during markup you’d allow Messrs. things, it would ensure the IRA applies Huffman and Gosar, and other interested consultation, because they are going to Members (on and off the Committee), an op- to all Native American Tribes recog- be the most affected party by any deci- portunity to explore solutions with H.R. 375’s nized by the Federal Government, re- sion that is made. sponsor, Mr. Tom Cole. We need to work on gardless of their date of recognition. With that said, I do commit, Mr. a compromise bill that solves the underlying For the last 10 years, the unnecessary Speaker, to looking at any proposal on issues and can become law. confusion has caused uncertainty for the issue and to work moving forward Sincerely, Tribes seeking recognition and recog- if it is to the betterment of all the ROB BISHOP, nized lands, has halted economic devel- stakeholders and I would assist the leg- Ranking Member. opment projects on Tribal lands, and islation in its final passage. Mr. BISHOP of Utah. Mr. Speaker, I has resulted in costly and protracted Mr. BISHOP of Utah. Mr. Speaker, yield back the balance of my time. litigation. reclaiming my time, I appreciate the Mr. GRIJALVA. Mr. Speaker, for 10 Members and staff on both sides of gentleman’s commitment and I appre- years, the Carcieri decision has caused the aisle deserve significant recogni- ciate the comments that he will be anxiety and confusion in Indian Coun- tion for getting us to where we are there. try, creating dangerous legal ambigu- today. But, in particular, Chairman There is this bigger question that ities related to Indian trust lands. GRIJALVA, Representative MCCOLLUM, needs to be answered. Where we draw Today, we can finally end all that. and Representative COLE have been ex- the line is a matter that still needs We can remove the ambiguity and un- traordinary. I thank them for their in- some kind of discussion, I recognize certainty, and finally offer Tribal na- credible leadership on Tribal issues, that. tions peace of mind that their lands are and their perseverance in pursuing a Mr. Speaker, I include in the RECORD protected. clean Carcieri fix. a brilliant letter from me to Chairman Mr. Speaker, I urge swift passage of I am honored to have the opportunity GRIJALVA on this particular issue.’ H.R. 375, and I yield back the balance to speak on this. I urge my colleagues HOUSE OF REPRESENTATIVES, of my time. to support this important legislation. COMMITTEE ON NATURAL RESOURCES, The SPEAKER pro tempore (Mr. Mr. BISHOP of Utah. Mr. Speaker, I Washington, DC, May 6, 2019. RUIZ). The question is on the motion yield myself such time as I may con- Hon. RAU´ L GRIJALVA, offered by the gentleman from Arizona sume to engage in a colloquy with the Chairman, Committee on Natural Resources, (Mr. GRIJALVA) that the House suspend Washington, DC. gentleman from Arizona (Mr. GRI- the rules and pass the bill, H.R. 375. DEAR MR. CHAIRMAN: It is frustrating that The question was taken. JALVA). the Democrat Leadership has scheduled H.R. If we, indeed, are going to be serious 375, legislation to reverse Carcieri v. Salazar, The SPEAKER pro tempore. In the about a legislative solution to Carcieri, under suspension one week after the com- opinion of the Chair, two-thirds being then we need to work out some kind of mittee markup of the bill. It disregards what in the affirmative, the ayes have it. compromise that could pass both I believe was a bipartisan agreement to work Mr. GOSAR. Mr. Speaker, on that I Houses of Congress and be signed by on an amendment to the bill to improve con- demand the yeas and nays. the President. sultation between the Bureau of Indian Af- The yeas and nays were ordered. I have been encouraged by the debate fairs (BIA) and states and counties to miti- The SPEAKER pro tempore. Pursu- not only on the floor here, but also in gate the impacts of taking land in trust in ant to clause 8 of rule XX, further pro- their jurisdictions. The Carcieri decision cre- our committee, regarding the need to ated vast uncertainty over the fee-to-trust ceedings on this motion will be post- consult with affected parties before process for tribes and impacted stakeholders. poned. land is taken into trust. I voted for H.R. 375 in committee as a display f Mr. Speaker, I ask Mr. GRIJALVA of my support for resolving Carcieri. My sup- whether he will commit to work with port for the bill’s advancement is contingent MASHPEE TRIBE us on this type of legislation to solve upon the inclusion of reasonable safeguards RESERVATION REAFFIRMATION this underlying problem as this bill on BIA’s powers. ACT moves forward? During markup on H.R. 375, Messrs. Mr. GRIJALVA. Mr. Speaker, pursu- Huffman and Gosar discussed a mutual, bi- ant to House Resolution 377, I call up Mr. GRIJALVA. Will the gentleman partisan desire to respond to long-standing yield? state and local concerns. The the bill (H.R. 312) to reaffirm the Mash- Mr. BISHOP of Utah. I yield to the State Association of Counties (CSAC), in a pee Wampanoag Tribe reservation, and gentleman from Arizona. letter submitted for the markup record, reit- for other purposes, and ask for its im- Mr. GRIJALVA. Mr. Speaker, when a erated the counties’ ‘‘longstanding, valid mediate consideration in the House. Tribe applies to have land taken into concerns’’ they have with a fee-to-trust proc- The Clerk read the title of the bill. trust through the Department of the ess conducted under a ‘‘fundamentally The SPEAKER pro tempore. Pursu- Interior, local concerns are already flawed regulatory framework’’ and they also ant to House Resolution 377, the strongly considered, even more so when submitted proposals to resolve these prob- amendment in the nature of a sub- lems. I can attest that many counties in the land is located away from existing Utah share these same concerns. stitute recommended by the Com- reservation lands. Mr. Huffman explained that he found him- mittee on Natural Resources, printed However, I do recognize there is a de- self in partial agreement with CSAC’s posi- in the bill, is adopted, and the bill, as sire from some Members on both sides tion, and that there should be ‘‘meaningful amended, is considered read.

VerDate Sep 11 2014 05:26 May 16, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.035 H15MYPT1 May 15, 2019 CONGRESSIONAL RECORD — HOUSE H3817 The text of the bill, as amended, is as their own. They fought long and hard make up for that shortfall? By uti- follows: over the years to reestablish both their lizing their land for economic develop- H.R. 312 Tribe and their land base. ment, including gaming. Be it enacted by the Senate and House of Rep- The Tribe first petitioned the Federal Economic development on Tribal resentatives of the of America in Government for recognition in 1978. Fi- lands is vital to the prosperity of a Congress assembled, nally, after 30 years, the Bush adminis- Tribe and the ultimate goal of self-de- SECTION 1. SHORT TITLE. tration extended formal recognition to termination and self-reliance. We have This Act may be cited as the ‘‘Mashpee the Tribe in 2007. However, they still seen it numerous times across the Na- Wampanoag Tribe Reservation Reaffirmation remained landless. tion: Tribes using those dollars to fund Act’’. This was remedied in 2015, when the their programs, construct housing and SEC. 2. REAFFIRMATION OF INDIAN TRUST LAND. Department of the Interior took ap- health clinics, and take care of the (a) IN GENERAL.—The taking of land into proximately 320 acres into trust to needs of their people. trust by the United States for the benefit of the serve as the Tribe’s reservation lands. The Mashpee Tribe should not be hin- Mashpee Wampanoag Tribe of Massachusetts as described in the final Notice of Reservation The two parcels that compose the 320 dered from economic development on Proclamation (81 Fed. Reg. 948; January 8, 2016) acres are both within the Tribe’s his- their land solely because the State of is reaffirmed as trust land and the actions of the toric and ancestral homelands. wants to protect its own Secretary of the Interior in taking that land The Tribe constructed a government State-run gaming interest. into trust are ratified and confirmed. center on the land, which includes H.R. 312 is widely supported in Indian (b) APPLICATION.—Notwithstanding any other their schools, courtrooms and multi- Country, with letters of support from provision of law, an action (including an action purpose room, as well as a medical over 50 individual Tribes and pan-Trib- pending in a Federal court as of the date of en- clinic facility. And they broke ground al organizations. actment of this Act) relating to the land de- on a gaming facility that would even- Additionally, the bill has strong sup- scribed in subsection (a) shall not be filed or port, including from the cities of Taun- maintained in a Federal court and shall be tually bring in much-needed revenue promptly dismissed. for Tribal operations and programs. ton and Mashpee, the Chambers of (c) APPLICABILITY OF LAWS.—All laws (includ- However, in 2016, a group of Taunton Commerce of both cities, the State of ing regulations) of the United States of general residents, backed by an out-of-state Massachusetts, numerous Members of applicability to Indians or nations, Indian commercial gaming company, filed a the Massachusetts State House and Tribes, or bands of Indians (including the Act of Carcieri suit in federal court to chal- State Senate, the Mayflower Society, June 18, 1934 (25 U.S.C. 5101 et seq.)), shall be lenge the Department of the Interior’s and many local businesses and business applicable to the Tribe and Tribal members, ex- action. leaders. cept that to the extent such laws and regula- Passage of H.R. 312 will protect the tions are inconsistent with the terms of the Initially, the executive branch de- Intergovernmental Agreement, dated April 22, fended the decision to create the Mash- Mashpee Tribe’s reservation lands and 2008, by and between the Mashpee Wampanoag pee reservation. However, in May 2017, make clear that the Tribe is entitled to Tribe and the Town of Mashpee, Massachusetts, the Department of Justice, under the be treated the same way as other feder- the terms of that Intergovernmental Agreement Trump administration, inexplicably ally recognized Tribes. shall control. withdrew from the litigation and is no Mr. Speaker, I urge its adoption, and The SPEAKER pro tempore. The bill, longer defending the status of the I reserve the balance of my time. as amended, shall be debatable for 1 Tribe’s land. b 1430 hour, equally divided and controlled by Then, in September 2018, the Depart- Mr. GOSAR. Mr. Speaker, I yield my- the chair and ranking minority mem- ment of the Interior issued its first self such time as I may consume in ber of the Committee on Natural Re- Carcieri decision in which it refused to strong opposition to H.R. 312. sources. reaffirm its own authority to confirm H.R. 312 is contrary to the view of the The gentleman from Arizona (Mr. the status of the Tribe’s lands into Department of the Interior. It con- GRIJALVA) and the gentleman from Ari- trust. The effect of this decision cannot tradicts a Supreme Court decision and zona (Mr. GOSAR) each will control 30 be overstated. For the first time in this aims to reverse Federal court decisions minutes. century, a Tribe was stripped of its on this matter in order to build a mas- The Chair recognizes the gentleman sovereign rights to its land. It would sive 400,000-square-foot, off-reservation from Arizona (Mr. GRIJALVA). mark the first time since the dark days gaming complex for the benefit of GENERAL LEAVE of the termination era that the United Genting, a foreign Malaysian gaming Mr. GRIJALVA. Mr. Speaker, I ask States acted to disestablish an Indian company. unanimous consent that all Members reservation and render a Tribe land- H.R. 312 creates two reservations for may have 5 legislative days in which to less. the Mashpee Tribe of Massachusetts: revise and extend their remarks and to These attacks on the reservation and One reservation will be the town of insert extraneous material on H.R. 312. on the Tribe’s very status have been Mashpee, the Tribe’s historic reserva- The SPEAKER pro tempore. Is there devastating. The legal uncertainty tion lands. No casino will be allowed objection to the request of the gen- that has been imposed by these events within the geographical boundaries of tleman from Arizona? is forcing the Tribe to borrow thou- the town of Mashpee. There was no objection. sands of dollars every day just to keep The other reservation is, oddly, 50 Mr. GRIJALVA. Mr. Speaker, I yield its government running, resulting in miles away from Mashpee, in the city myself such time as I may consume. devastating cuts to essential services, of Taunton. This site is not part of the Mr. Speaker, H.R. 312, the Mashpee and massive layoffs of Tribal members. Tribe’s historic reservation and was se- Wampanoag Tribe Reservation Reaffir- This is completely unacceptable. We lected by the Tribe and Genting for a mation Act, will reaffirm the trust sta- cannot idly stand by as Tribal people billion-dollar casino project because of tus of Mashpee’s Tribal land and pro- are once again harmed by yet another its proximity to the Providence, Rhode tect the Tribe from further attacks on action by the Federal Government. Island, casino market, 20 miles distant. its land and its sovereignty. Let’s be honest, the Federal Govern- There is no reason for the second res- The Mashpee relationship with the ment has done a terrible job of living ervation, other than to build an off-res- Federal Government is one of the old- up to its moral and legal obligations to ervation casino 50 miles away from the est in the United States. In fact, their Indian Country. Mashpee Tribe, where they currently ancestors are the ones who welcomed Housing, education, healthcare, and reside. In fact, the new off-reservation the pilgrims who landed at Plymouth basic needs often go unmet in Tribal casino will be only 20 miles from the Rock, as well as the people who aided lands. These are not extras or handouts New England Patriots’ football sta- those pilgrims through hard times in to Tribal people. It is part of a trust re- dium and, again, 50 miles from the 1621, in what we now refer to as the sponsibility, enshrined in numerous Mashpees’ historic reservation. ‘‘First Thanksgiving.’’ treaties, court rulings, and laws. In 1988, Congress enacted the Indian Like many Tribes, the Mashpee were But the needs still need to be met, Gaming Regulatory Act, with the in- intentionally and systematically ren- despite the Federal Government’s tent to restrict casinos to Tribes’ origi- dered landless, through no fault of failings. So how do Tribes attempt to nal reservations. By placing land in

VerDate Sep 11 2014 03:52 May 16, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.037 H15MYPT1 H3818 CONGRESSIONAL RECORD — HOUSE May 15, 2019 trust for the Mashpee Tribe for gaming In short, H.R. 312 authorizes an off- And this is the Tribe, I think, that in Taunton, H.R. 312 creates an off-res- reservation casino, bails out a foreign best shows the inequities that are in- ervation casino, which is inconsistent corporation from major financial prob- volved in these types of recognition. with congressional intent. This is often lems of its own making, reverses the I will just say, I introduced this bill called reservation shopping, and it is judgment of a Federal court, and con- last Congress when we first heard ru- an abuse of the Indian Gaming Regu- tradicts the Supreme Court ruling. mors that the Department of the Inte- latory Act. Wow, all in one breath. rior was going to, for the first time, re- The Tribe’s lawyers knew that res- Mr. Speaker, I urge all Members on verse the position of the previous ad- ervation shopping was a political head- both sides of the aisle to vote against ministration and refuse to defend the ache, so they went to the bureaucrats H.R. 312, and I reserve the balance of Mashpee Wampanoag’s right to their within the BIA to obtain the two res- my time. historic land. They are the only Tribe ervations through administrative ac- Mr. GRIJALVA. Mr. Speaker, I yield that has received recognition and then tion. RedState recently reported: as much time as he may consume to had it taken away from them. No one is more desperate for H.R. 312 to the gentleman from Massachusetts Now the Tribe’s reservation is hang- succeed than Genting Malaysia. If the casino (Mr. KEATING), the sponsor of the legis- ing by a thread, and they have been doesn’t come through, the Tribe doesn’t have left to defend their land on their own. to pay Genting back the over half a billion lation. Mr. KEATING. Mr. Speaker, I thank This is an existential threat. dollars it borrowed. Without support from Congress, it H.R. 312 is a financial bailout for the chairman for yielding, and I thank the chairman for all his hard work on will be nearly impossible for the Mash- Genting. The Tribe is swamped with a pee to engage in any kind of true self- $500 million-plus debt to Genting, and this bill and so many others that are related to this. government because they won’t own there is no way the Tribe can ever pay their own land: no economic develop- this back and still make enough money I also want to thank the Natural Re- sources subcommittee chair and rank- ment, no Tribal headquarters, no elder to sustain itself. Genting, therefore, housing, no pre-K programs. It means will be the real owner of the project, ing member, Mr. GALLEGO and Mr. COOK. being treated as a second-class Tribe not the Tribe. with no future. This kind of arrangement where the I want to thank my colleague from Massachusetts who has worked so hard Bipartisan legislation to help a Tribe creditor practically controls the finan- like the Mashpee would normally pass and is a cosponsor, Mr. KENNEDY. cial future of a debtor Tribe is contrary the House without issue. Just 2 weeks to the Indian Gaming Regulatory Act, I also want to give particular thanks to the gentleman from (Mr. ago, we passed a parallel Republican- which requires every Tribal casino to led bill for a Tribe in California with- be 100 percent tribally owned. COLE) for his support and also voice my strong support for H.R. 375, the bill out a single Member objecting—not a At the committee hearing on this peep from the other side. President bill, counsel for the Governor of Rhode that was just debated that is well thought out, well worked through— Obama signed a bill like this into law Island testified that H.R. 312 will cause in 2014, and, importantly, President over a decade—and well worth the sup- the State significant harm with re- Trump did the same just last year. port of everyone here. gards to revenues for education, infra- Sadly, although the substance of Mr. Speaker, the Mashpee structure, and social programs and is H.R. 312 is noncontroversial, the tac- Wampanoag Tribe has resided in south- contrary to the limitations contained tics employed by the bill’s few oppo- ern New England for more than 12,000 in the Indian Gaming Regulatory Act. nents are not. Throughout this process, Moreover, the American Principles years. To not have their land federally we have seen gross mischaracterization Project also reported on the ties be- recognized is simply a disgrace. and outright lying for personal and fi- We have seen them in our history tween convicted lobbyist Jack nancial gain. Abramoff and the Mashpee Wampanoag books, in historical paintings, in iconic My Republican colleague, ranking Tribe, stating: murals. They are the Tribes that wel- member in the Rules Committee, a The expansive Abramoff investigation un- comed the Pilgrims for the first member of the Chickasaw Nation, a Re- covered major corruption within the Mash- Thanksgiving. This President even put publican from Oklahoma and an expert pee Wampanoag Tribe. Its chief, Glenn Mar- them in his own Thanksgiving procla- shall, pled guilty in 2009 to multiple Federal on these issues, said last night at the mation just last year. He recognized Rules meeting, never has he seen such charges, including embezzling Tribal funds them. and campaign finance violations committed misinformation about a simple bill, to while working with Abramoff to secure the Tragically, like so many Native the point of being scurrilous. Federal recognition of the Tribe in 2007. Americans, the Mashpee Wampanoag This is not about gaming. It is not For my Republican colleagues: The Tribe has lived through centuries of in- about picking winners and losers. It is bill was opposed by 10 of the 13 voting justice, the latest of which this House simply about a Tribe’s rightful place in Republicans during the committee is debating today. its native land. That is all. markup, including the ranking mem- For years, I have worked personally Mr. Speaker, I believe in the best in ber, ROB BISHOP; President Trump with the Tribe as they have used hard- this institution. I believe that many of tweeted that he opposed the bill and earned Federal recognition to provide us in Congress are here to lead. We are urged Republicans to do the same; adequate housing, jobs, job training, here to debate issues on their merits; House Minority Whip STEVE SCALISE and essential services, including native we are here to find common ground also sent an email recommending language learning, early childhood edu- when we might otherwise disagree; and Members vote ‘‘no’’ on H.R. 312. Do you cation. we are here to set an example to show really want to vote for ELIZABETH WAR- And this is important. We all know, the American people what is right. Yet REN’s top Tribal priority? in my region, the plague of the opioid what we have seen happen to the Mash- For my Democratic colleagues: Rep- epidemic, through , in that re- pee bill in the past week reflects the resentatives CICILLINE and LANGEVIN gion. The incidence of overdose for the worst. No low seems too low. strongly oppose this bill, and it is op- Wampanoag Tribe is 400 times. I will Where is the bottom? posed by the Democratic Governor of repeat that, 400 times more, the num- We have seen the President, through Rhode Island. The bill is also ‘‘strenu- ber of overdoses for that Tribe. I have his tweets, trying to sink an entire Na- ously opposed’’ by other federally rec- worked with them and will continue to tive American Tribe in the name of ognized Tribes in Massachusetts. work with them, if they are in exist- special interests, dirty lobbying, and For Members on both sides of the ence, to try and help them deal with outright bigotry. aisle: Do you really want your name this scourge. The cast of characters behind the tied to a Tribe that only received Fed- The Mashpee Wampanoag Tribe is scenes spewing information is reveal- eral recognition in 2007 as a result of also a Tribe that, as you look at the ing: a rightwing lobbyist, Trump loy- shady lobbying by ? Do landscape for Tribes around the coun- alist; a Trump campaign operative who you really want to vote for a $500 mil- try, is suffering so many things that worked for convicted felon and Trump lion bailout for a former gaming cor- other Tribes are—the uncertainty of campaign manager Paul Manafort; in- poration? their status. dividuals with financial interests that

VerDate Sep 11 2014 03:52 May 16, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.039 H15MYPT1 May 15, 2019 CONGRESSIONAL RECORD — HOUSE H3819 are counter to the Tribe, including two the first time since the termination era Department of the Interior and dis- former Trump Plaza Casino officials that a Tribe has lost their trust land. regard the U.S. Supreme Court prece- and a major financier with both casino Frankly, from my standpoint, Mr. dent in allowing the Tribe to build an and National Enquirer interests. Speaker, an attack on trust land any- off-reservation casino in Taunton, Mas- Cultural warfare to benefit bank ac- where threatens trust land everywhere, sachusetts. counts, corrupt intent for personal so I am very happy to be working with If H.R. 312 passes today, it would be gain, all in the form of a racist tweet. my good friend, Mr. KEATING, on H.R. the first time—I repeat, the first And some Members of this body are 312. It is a bipartisan bill, and it is nec- time—Congress ever reversed a final eager to let him get away with it. But essary. It will reaffirm the trust status Federal court ruling that determined a not me, not my cosponsors, and not the of the Mashpee reservation. Tribe did not meet the Federal stand- majority of this House. The local elected officials with juris- ard to have land taken into trust by I still believe this House has an op- diction over the land are supportive of the U.S. Department of the Interior. portunity today to do what is right. We the bill, as is the State’s entire con- The impact of this bill would be dis- can show the Native American people gressional delegation, as is the Repub- astrous and would open a floodgate for that we will stand up for them, that lican Governor of the State. Tribes to come to Washington to hire after nearly 250 years since our coun- Mr. Speaker, a ‘‘yes’’ vote on this bill the biggest lobbyists they can to get try’s founding we would not be where will right a wrong. It is a vote for local their carve-out from Congress. we are without them. They deserve control. It is a vote for Tribal sov- Do we really want to go down this that dignity; they deserve that respect; ereignty, and it brings the Mashpee road? Does Congress want to be in the and they deserve that sovereignty for land back into trust. It marks another business of picking winners and losers? their historic homeland. important step in our shared American That is exactly what this bill does. Mr. Speaker, let’s be on the right journey. The Tribal land system shouldn’t de- side of history today. Vote ‘‘yes’’ and Mr. Speaker, I urge my colleagues to pend on which Tribes hire the most ex- save the Mashpee Wampanoag Tribe. vote ‘‘yes’’ on the bill. pensive lobbyists. Instead, it should be The SPEAKER pro tempore. Mem- based on fairness under our law and ap- b 1445 bers are reminded to refrain from en- plied equally. gaging in personalities toward the Mr. GRIJALVA. Mr. Speaker, I re- Instead of this bill directly bene- President. serve the balance of my time. fiting the Tribe, as some have sug- Mr. GOSAR. Mr. Speaker, I want to Mr. GOSAR. Mr. Speaker, I yield 4 gested, the bill will bail out Genting, make sure that my colleagues on the minutes to the gentleman from Rhode the Malaysian hedge fund that is fi- other side understand that, as the city Island (Mr. CICILLINE). nancing this deal. Even if this bill of Mashpee, no one has any problems, Mr. CICILLINE. Mr. Speaker, I thank passes today and the Mashpee build a but it is the city of Taunton that is the gentleman for yielding. casino, it is very unlikely, according to part of the problem, and that is where Mr. Speaker, I rise today to speak in all the experts, that the Mashpee ca- we have the gist. So I caution them to strong opposition to H.R. 312, the sino will ever be profitable for the watch their rhetoric. Mashpee Wampanoag Tribe Reserva- Tribe because they owe Genting a half- Mr. Speaker, I yield 3 minutes to the tion Reaffirmation Act. This bill will billion dollars. gentleman from Oklahoma (Mr. COLE). allow the Mashpee Tribe to open a mas- Proponents of this bill have argued Mr. COLE. Mr. Speaker, I thank my sive off-reservation casino right on the that Congress is the last hope for the friend for yielding. It is a very gen- border of Rhode Island and Massachu- Mashpee Tribe and that they will go erous gesture when we have a different setts, nearly 40 miles away from their bankrupt without this casino, but point of view on the bill. historic Tribal lands in Cape Cod. Genting Malaysia has already written Mr. Speaker, I rise today in strong The Mashpee Wampanoag Tribe be- off the half-billion dollars it gave to support of H.R. 312, the Mashpee came federally recognized in 2007. the Tribe as a loss on its financial Wampanoag Tribe Reservation Reaffir- Under the Indian Reorganization Act, statements. If today’s bill fails, the mation Act. the United States Department of the Mashpee Tribe does not need to pay Mashpee Wampanoag people have Interior is only allowed to take land back this money because, under the lived in the Massachusetts area for into trust for Tribes recognized before agreement with Genting, it is contin- thousands of years. In fact, our shared 1934. gent on the casino being built. The Thanksgiving tradition highlights a In 2009, the U.S. Supreme Court con- debt is erased. celebration of Pilgrims and Indians firmed this Federal standard in the Regardless of what happens with this breaking bread together over the first Carcieri v. Salazar decision. In 2015, the bill today, the Mashpee Tribe will still colonial holiday, and it is the Mashpee U.S. Department of the Interior ig- be a federally recognized Tribe and will who sat at the table. nored the Indian Reorganization Act continue to receive Federal benefits. In 2007, the Mashpee Wampanoag and the U.S. Supreme Court’s ruling Mr. Speaker, I started off opposing Tribe was federally recognized. Mr. and took land into trust for the Mash- this bill because of the damage it Speaker, 8 years later, the Bureau of pee Tribe. would do to Rhode Island’s economy. Indian Affairs approved the decision to A year later, the residents of Taun- The casino in Rhode Island generates take land into trust on behalf of the ton, Massachusetts, sued and won in over $300 million in economic activity Mashpee for a reservation. The Tribe U.S. district court to stop the casino and is responsible for thousands of jobs was then able to provide services di- from being built in their town. The dis- in Rhode Island. I am very proud of my rectly to its citizens, become eligible trict court ruled that the Department fierce defense for my State, and put- for Federal programs, and explore eco- of the Interior should not have taken ting an off-reservation casino on the nomic opportunities. land into trust for the Mashpee Tribe border will have a significant, negative Shortly after, in 2016, the Mashpee’s and instructed the Department to con- impact on Rhode Island. reservation decision was challenged in duct a further review of the Tribe’s eli- But the more I learned about this court by plaintiffs stating that, be- gibility. legislation, the more I realized the cause the Tribe was federally recog- After reviewing the Mashpee Tribe’s dangerous precedent this bill would set nized after 1934, the Department of the application last year, the U.S. Depart- if it became law. H.R. 312 would reverse Interior could not take land into trust ment of the Interior rejected the a Federal court ruling, undermine the on behalf of a Tribe. This decision Tribe’s claim based on the finding that Indian Reorganization Act, ignore a stems from the 2009 Supreme Court de- the Tribe was not under Federal juris- U.S. Supreme Court ruling, and reject cision, Carcieri v. Salazar. It is an ex- diction in 1934, which meant the De- the 2018 decision by the U.S. Depart- ample of why that law needs to be partment lacked authority under Fed- ment of the Interior. Most per- fixed. eral law to take land into trust on niciously, it is a special deal for a sin- In 2018, the administration issued a their behalf. gle Tribe, and that is just wrong. decision that would take the Mashpees’ Today’s bill would reverse this final I stand here in opposition to this bill reservation out of trust. This marked decision of the Federal court and the not only because of the impact on my

VerDate Sep 11 2014 03:52 May 16, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.040 H15MYPT1 H3820 CONGRESSIONAL RECORD — HOUSE May 15, 2019 State, and not because I am unsympa- they shared their precious resources ried to a communications official in thetic to the challenges the Tribe with those strangers, not to mention the White House. You can’t possibly be faces, but this legislation will continue the generations before them that called saying that there is some issue here their exploitation by a powerful foreign the region home for nearly 12,000 years. with Federal lobbying that is not di- entity. I am ashamed of how our Nation has rectly and 100 percent in line with lin- I urge my colleagues to defeat this treated many Native people through- ing their own pockets for the opposi- bill, and I thank the gentleman for out our history and how we have taken tion to this bill. yielding. their land, silenced their voices, They said that the Tribe is about to Mr. GOSAR. Mr. Speaker, I yield to poisoned their water, and disrupted go bankrupt. The Tribe is about to go the gentleman from Rhode Island so their culture. We have dismissed their bankrupt, but all of a sudden, the Tribe that we may have a quick colloquy. very humanity. doesn’t owe the financiers money. As the gentleman made mention, it It is that shame that leaves us here Which one is it? was locals in Taunton that actually today with a decision to make. Today, Next, Federal benefits, they are say- sued; is that true? as this House debates this bill, the ing that all the Federal benefits will Mr. CICILLINE. Will the gentleman Mashpee Wampanoag Tribe is on the remain. That ignores the Federal bene- yield? verge of dissolution. An unjust Su- fits that come with Federal recognition Mr. GOSAR. I yield to the gentleman preme Court decision, followed by a re- of reservations: the Indian Business from Rhode Island. versal by the Department of the Inte- Development Program, Financial As- Mr. CICILLINE. Yes. rior to take the Tribe’s land into trust, sistance and Social Services, employ- Mr. GOSAR. Does the gentleman has left the Tribe with no other op- ment assistance for adult Indians, vo- think that the court in which they tions. They are without access to crit- cational training for adult Indians, sued had any of the information ical Federal funds to support their pub- educational contracts under the John- skewed in front of it, in front of their lic services, including health centers son-O’Malley Act, food distribution jurisdiction? and schools. programs on the , Mr. CICILLINE. I am not aware of The question today is, do we allow Tribal transportation programs, Bu- the information they had. Mr. GOSAR. All this information this to become a closing chapter in the reau of Justice Assistance Tribal jus- that we are hearing, that is myth story of an indigenous people who put tice system grants, treatment as a versus fact; is that true? their faith and trust into strangers? Do State under the Clean Water Act, Mr. CICILLINE. Again, I don’t know we allow a legal loophole to define treatment as a State under the Clean about the legal proceedings. I know American citizens out of existence? Air Act, exercise of Special Domestic that the litigation was begun by the Or do we begin to right the wrongs of Violence Criminal Jurisdiction. All of people in the local community. our past? Do we begin to march down a those are contingent on this bill today. Mr. GOSAR. Mr. Speaker, I thank path of justice and equality and hope A dangerous precedent is going to be the gentleman for engaging in the col- for the Native people whose dreams for set. The dangerous precedent that is loquy, and I reserve the balance of my this country outlive our very democ- going to be set is that Massachusetts time. racy? residents legalized gambling. The Tribe Mr. GRIJALVA. Mr. Speaker, I yield To me, that choice is simple. It is a went through a compact with the State myself such time as I may consume to matter of right and wrong, of cor- that was approved. They went through address a point that was brought up recting a historical injustice that has a referendum with the people of Taun- during the debate on this bill, that the perpetrated for far too long. It would ton that was approved nearly 60–40 that Mashpee Tribe will not lose its Federal simply put the Mashpee Tribe on equal townspeople in Taunton want this bill. recognition if H.R. 312 does not pass. footing with all other federally recog- They want this development. That is true. We have never stated the nized Native American Tribes. It is a billion dollars for a working- Federal recognition was in jeopardy. I want to take a minute, Mr. Speak- class community. The folks who don’t What we are talking about, which is er, to rebut some of the arguments are, yes, a few residents of that com- fundamental to the survival of the made by our colleagues. munity whose lawsuit has been fi- Tribe, is destroying a Tribe’s sovereign One, that this is an off-reservation nanced by a rival casino developer to government. That is really what is at development: There is no reservation. end this project so they can build a dif- stake. There is nothing to be off-reservation. ferent one down the road. Mr. Speaker, I yield such time as he I cannot imagine that the argument They say that this is too close to the may consume to the gentleman from actually is that, for a Tribe that called Rhode Island border. There is an exist- Massachusetts (Mr. KENNEDY), another thousands of acres home, you are going ing casino in Rhode Island that re- sponsor of this legislation. to say they can only represent one cently started 500 yards from the Mas- Mr. KENNEDY. Mr. Speaker, I thank small portion of that and not have two sachusetts border. You cannot be seri- the chairman for moving this critical facilities. That can’t possibly be how ous about this. piece of legislation forward and for the U.S. Government is dictating what There is no argument, other than shepherding it to the House floor Tribal lands can be today of an area greed, that comes back to why anyone today. they called home for 12,000 years. should vote against this bill. This is I thank my colleague and friend, Two, my colleagues argued that this about the recognition of a sovereign Congressman KEATING, for his advo- overrules a court decision. The last nation that welcomed strangers to cacy on behalf of the Mashpee time I checked, that is what Congress their land 400 years ago and helped us Wampanoag Tribe, which calls both of does. We write laws. The courts inter- celebrate our first Thanksgiving, and our districts home. pret them. They strike down laws all the ability of our Federal Government Nearly four centuries ago, the Mash- the time. We write them again. That is to recognize them for who they are. If pee Wampanoag Tribe opened their in the Constitution. That is inherent in nothing else, this Tribe deserves that. homes and their lands to the Pilgrims our responsibilities, in our obligation. Mr. GOSAR. Mr. Speaker, I yield 3 who sailed to our shores. That same The actual court decision, if you read minutes to the gentleman from Rhode welcoming spirit survives in their an- it, indicates that Congress has the in- Island (Mr. LANGEVIN). cestors who live in Massachusetts herent power to do exactly what we are Mr. LANGEVIN. Mr. Speaker, I today. doing, 100 percent. thank the gentleman for yielding, and That is why I am proud to have the Three, our colleagues referenced the I hope that I won’t take the whole 3 Wampanoag people call my district Gun Lake decision and the Gun Lake minutes. their home. They have planted their legislation. Gun Lake was a response Mr. Speaker, I rise in strong opposi- roots deeply in Massachusetts, and to a decision by the Supreme Court as tion to H.R. 312, the Mashpee they see a future of self-determination well, 100 percent. Wampanoag Tribe Reservation Reaffir- and prosperity in the city of Taunton. We have heard allegations of lobby- mation Act. But I am ashamed of how our Nation ists. The lobbyist for our colleagues in This bill will have enormous impacts has treated them in the 398 years since Rhode Island for their casinos is mar- on my home State of Rhode Island. The

VerDate Sep 11 2014 03:52 May 16, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.042 H15MYPT1 May 15, 2019 CONGRESSIONAL RECORD — HOUSE H3821 intent of this bill is to allow for the Mr. GRIJALVA. Mr. Speaker, I yield meet the Federal standard to have land construction of a new casino resort 3 minutes to the gentleman from Mas- taken into trust, a State-recognized near the State line between Rhode Is- sachusetts (Mr. KEATING). Tribe. land and Massachusetts, which would Mr. KEATING. Mr. Speaker, I have Myth: The Tribe is facing extinction rival the existing casinos in our State. been around here a little while, and I unless Congress acts. The Twin River Casino Hotel and the have never heard so many people from That would be false. The Mashpee Tiverton Casino Hotel of Rhode Island Arizona really concerned about any- Tribe will not lose its Federal recogni- generate $300 million each year, rep- thing that is going on in Rhode Island. tion and will continue to receive Fed- resenting the State’s third largest For that matter, I haven’t heard many eral benefits and funding even if H.R. source of funding. These dollars sup- people in Rhode Island that concerned 312 does not pass. Further, if this is not port vital education and infrastructure about what is happening in Massachu- solely about a casino, then my amend- programs in Rhode Island. Rhode Is- setts. ment should have been considered and land would suffer tremendously if H.R. But this is what it is about, I guess. adopted in committee. The amendment 312 became law. It is not what it is about to me. It is was a compromise that would have se- Beyond the economic damage that not what it is about to our cosponsors. cured a reservation for the Mashpee for would occur to Rhode Island, the prece- I know it is not what it is about to Mr. all purposes but not gaming. dent that would be set by this bill is KENNEDY. I know it is not what it is Myth number three: H.R. 312 is not a fundamentally unfair. The bill would about to the chairman of this com- casino giveaway nor a case of reserva- overturn a 2018 decision by the U.S. De- mittee. tion shopping. partment of the Interior, and it would I am puzzled. People are saying this Fact: It is both. There is no reason reverse a 2016 ruling by the U.S. Dis- is a circumvention dealing with gam- for the second reservation other than trict Court for the District of Massa- ing. This bill isn’t about gaming. Let to build an off-reservation casino 50 chusetts. me bring it back into focus, but let me miles away from where the Mashpee If Congress grants the Mashpee Tribe just address one thing first. Tribe currently resides. If this weren’t this exception, then other Native I am puzzled because this Tribe went solely about a casino, then my amend- American Tribes would seek individual through the State process. This wasn’t ment would have also been adopted in relief. Congress would be creating an a circumvention. They went through committee. unbalanced patchwork process for the Commonwealth of Massachusetts’ Myth: The two tracts of land in the Tribes to put land into trust. Such a process for deciding gaming institu- town of Mashpee and the city of Taun- system would be based on lobbying, not tions. The State decided this. Congress ton both are sites within the Tribal on firm principles or deliberative rule- isn’t deciding this. The Commonwealth historical territories. My colleague making. of Massachusetts decided this. They from Massachusetts actually alluded to created an area in southeastern Massa- this. b 1500 chusetts along with two other areas in That would be false. The Mashpee The process to take Tribal lands into the State where this would be located. Tribe will build a massive, 400,000- trust is complex and requires careful So I have got news for the people in square-foot, off-reservation casino consideration of the interests of our in- Rhode Island: They can do their best to away from their Tribal land on the bor- digenous peoples in conjunction with kill this bill and destroy this Tribe, but der. That would be Taunton, Rhode Is- local communities. We know this com- it is still going to get a casino because land. plexity firsthand in Rhode Island, as the State of Massachusetts said so. In 1988, Congress passed the Indian the Supreme Court decision Carcieri v. So now that I am through just point- Gaming Regulatory Act with the in- Salazar directly concerned our State. ing out what this bill isn’t about, let tent to restrict casinos to Tribes’ origi- But the solution is to create a uni- me just make the last point about nal reservations. By placing land in form standard for the whole country, what it is about. trust for gaming in Taunton 50 miles not a haphazard process wherein Con- It is about justice. It is about doing away from the Tribe’s historic reserva- gress chooses winners and losers, the right thing. It is about taking a tion—he also brought that point up, again, based on lobbying. This is why I Tribe that, through its whole history, that it wasn’t their traditional land— urge my colleagues to oppose this bill. has lost all of its land even though it what Congress intended in the Gaming The bill creates evident harms to our did occupy that land where it is in Regulatory Act would be severely State revenues in Rhode Island, but it Taunton, where it occupies it now. harmed. also represents a slipshod way of ad- This is about doing the right thing, Myth: This bill has nothing to do dressing the very real issues of how and it is a disgrace in this Congress with approving a specific casino Tribes have land taken into trust. that politics, special interests, lob- project. My friends in the Massachusetts dele- bying, and conflicts have taken over Fact: We actually heard it again gation insist that this issue be handled this debate. Let’s do the right thing. from the other side. If that were the with alacrity. I respectfully disagree. This is part of our history. We wouldn’t case, then my amendment would have The urgency they express is grounded be here where we are without this been made in order and received votes in the dollars and cents of gaming de- Tribe. Let’s respect that. Let’s pass or deemed adopted at the committee velopment, money loaned on the prom- this bill. level. The amendment would have se- ise of casino riches. Those loans may Mr. GOSAR. Mr. Speaker, I yield my- cured a reservation for the Mashpee have been imprudently granted, but we self such time as I may consume. Tribe for any nongaming purposes. cannot allow imprudent financial deal- Mr. Speaker, the rhetoric coming These may include, but not be lim- ings to force our hand. from the other side is hot and heavy ited to, the construction and operation Rather than rush a Tribe-specific like I don’t know what I am talking of Tribal government facilities and in- loophole, I ask my colleagues to vote about with Native American Tribes frastructure, housing, a hospital, a ‘‘no’’ on H.R. 312 and to, instead, up- when I have lived my whole life in as- school and library, a museum, a com- date the Indian Reorganization Act to sociation with Tribes. So let’s get munity center, assisted living for Trib- make this process more transparent through some of the false myths that al elders, business development, nat- and fair. Mr. Speaker, I urge my col- are out here that continually are being ural resources management, the leagues to vote ‘‘no.’’ talked about. Tribe’s exercising its government juris- Mr. GRIJALVA. Mr. Speaker, may I Now, the myth is that Congress has diction over Tribal members, and many inquire as to how much time is remain- done this for other Tribes, i.e, we have other Tribal uses. ing. heard about the Gun Lake Tribe. The next myth is that H.R. 312 is not The SPEAKER pro tempore. The gen- Fact: That is false. This will be the a bailout. tleman from Arizona (Mr. GRIJALVA) first time, as my colleague from Rhode H.R. 312 is not a bailout? In fact, the has 10 minutes remaining. The gen- Island said, that Congress would over- Malaysian hedge fund, Genting Malay- tleman from Arizona (Mr. GOSAR) has turn a Federal Court decision where sia, that is underwriting the casino— 15 minutes remaining. the court ruled that the Tribe did not yes, underwriting this casino.

VerDate Sep 11 2014 03:52 May 16, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.044 H15MYPT1 H3822 CONGRESSIONAL RECORD — HOUSE May 15, 2019 The Mashpee Tribe will not receive a be called into question after this bill is Supreme Court said that the Tribal as- penny of revenue from the casino for passed should be debated later. That pect of the IRA of 1934 does not author- many years, if ever, because of the has nothing to do with what this spe- ize the Secretary of the Interior to massive size of the $500 million-plus cific bill applies to. place land in trust for Tribes that were debt they have incurred to Genting. Our role here is very simple. We have not under Federal jurisdiction on the Genting, therefore, will be the real got to recognize the Mashpee Tribe’s date of enactment of IRA, or 1934. owner of the project, not the Tribe. reservation. We have got to recognize Fact: There is no evidence that Con- This kind of arrangement where the their sovereignty and their self-deter- gress, in 1934, thought that off-reserva- creditor practically controls the finan- mination. tion gaming would turn into the con- cial future of a debtor Tribe is contrary Mr. GOSAR. Mr. Speaker, I yield my- troversial mess it has become today. to the Indian Gaming Regulatory Act, self such time as I may consume. Myth: After a Federal judge struck which requires every Tribal casino to Mr. Speaker, I just want to address down the Obama administration’s sec- be 100 percent tribally owned. Congress’ intent, under article I, sec- ond definition of Indian analysis, the The last myth: The Mashpee Tribe tion 8. Trump administration chose not to de- will go bankrupt if H.R. 312 does not As I said before, the Mashpee reserva- fend the decision. pass. tion of the city of Mashpee is not of Fact: The Trump administration Fact: The Mashpee Tribe will only be consequence. It is the area outside of chose not to defend the decision be- required to repay its debt to the Ma- their previous homeland of Taunton cause the judge said it was ‘‘not even laysian company underwriting the deal that is of discussion. That is only the close,’’ and the Obama administration if H.R. 312 is enacted and the casino is aspect here. What has happened here is had not used this analysis in any other approved. the bypassing of protocol and law that Tribe’s trust land case. It was used Mr. Speaker, I reserve the balance of actually causes the problem. once only for the Mashpee. The Court my time. So let me give you a little bit of remanded the matter back to Interior Mr. GRIJALVA. Mr. Speaker, I yield background about why I have this 2 minutes to the gentlewoman from for an examination under the same problem. ‘‘first definition of Indian’’ analysis Kansas (Ms. DAVIDS). We had seen previous abuse in the used for all other Tribes. Ms. DAVIDS of Kansas. Mr. Speaker, past where the off-reservation land was In applying the Obama administra- I rise today in support of this bill. I taken in a trust against the will of tion’s analysis used for all other have heard a lot of rhetoric today States, compacts, and local commu- Tribes, the Trump administration de- about the role of Congress and the role nities for the sole purpose of building termined the Mashpee did not qualify, of the administration in recognizing or new casinos. not recognizing Tribal lands, Tribal This was certainly the case of the and yet Tribes blame the Trump ad- governments, reservations, and the Tohono O’odham Nation right in Ari- ministration for something the Obama ability of Tribes to participate in what- zona when they acted against the fel- administration could have done years ever kind of economic development low Tribes, the State of Arizona, and ago but chose not to. they so desire. the general public to open an off-res- b 1515 I have also heard a lot of talk and ervation casino in Glendale, despite Could the fate of a billion-dollar ca- discussion. I am pleased to hear talk agreeing to a voter-approved compact and discussion on this House floor sino be the reason why the Obama ad- not to build any more casinos in the ministration bent the rules? I wonder. about the need to make sure that Phoenix metro area until the compact Tribes are recognized, that Tribal sov- H.R. 312 doesn’t amend the IRA. It was renegotiated. Litigation discovery doesn’t amend any law. Rather, H.R. ereignty is recognized, and that this and audio recordings affirm this government needs to do right by Na- 312 declares the Obama action struck shameful conspiracy implemented by down by the U.S. district court to be tive people and indigenous people to the Tohono O’odham. this land. lawful and proper. The bill also orders I am concerned that this bill as writ- the court to dismiss the lawsuit con- But the basis for support of this bill ten will encourage future abuse in that today is not necessarily rooted in cerning the casino property and to pro- regard and allow for more off-reserva- hibit the filing of any future lawsuit whether or not we are doing the ‘‘right tion casinos to be built against the ob- thing.’’ Congress has a duty to properly over it. jections of local communities. exercise our plenary power over inter- Mr. Speaker, we constantly see over Furthermore, there is no CBO score and over again, the problem with H.R. actions with Tribal people and with for this bill. There is no committee re- Tribal governments. The Constitution 312 is it is once again being rushed to port that I have seen. We are pushing the floor. gives Congress plenary power over this bill through that has no chance of interactions with Indian Tribes. What I want to reference a letter from being signed into law without amend- Eagle Forum and highlight, basically, is at stake here today is how Congress ment and without knowing the full and the Federal Government are going their reservations. ramifications of this legislation. ‘‘This bill is a deceptive plan to un- to continue to interact with Indian Mr. Speaker, I reserve the balance of dermine the Federal Government’s de- Tribes. my time. Tribes don’t need Congress Members’ Mr. GRIJALVA. Mr. Speaker, I re- cision to deny the Mashpee Tribe land sympathy. What Tribes need is for us serve the balance of my time to close. for a new casino. The Mashpee Tribe to properly exercise our duty. This bill Mr. GOSAR. Mr. Speaker, I yield my- has previously engaged in questionable does that. This bill exercises Congress’ self the balance of my time. financial and lobbying dealings. They proper power to recognize a Tribe, to Let’s go back to some more of the are currently $450 billion in debt to recognize Tribal reservation lands, and myths. Genting, a foreign Malaysian gaming it has nothing to do with what happens The Mashpee Tribe will lose its Fed- company, because of this project. afterwards. eral recognition and benefits if H.R. 312 ‘‘The Tribe has no way of paying the This bill wouldn’t abrogate or alter does not pass. company back, which means Genting the application of the Indian Gaming Once again, that is false. The Mash- will be the true owner of this project. Regulatory Act or any other piece of pee Tribe will not lose its Federal rec- Taxpayers should not be responsible for legislation. This bill would simply do ognition and will continue to receive the bailout of their irresponsible deal- exactly what Congress’ job is to do: Federal benefits and funding even if ings.’’ recognize the Federal-Tribal relation- H.R. 312 does not pass. Down further it goes: ship that exists and the Tribal lands Here is the next myth. It was the in- ‘‘Just the issue of gambling alone has that are properly held in trust and tent of Congress for all Tribes to have been devastating to families across the should be held in trust for an Indian land and trust under the IRA of 1934 re- United States, especially among Native Tribe. That is what we are doing right gardless of when the Tribes obtained Americans.’’ now. Federal recognition. Further down it goes: All the talk and discussion about Fact: That is not what the Supreme ‘‘For these reasons, we urge you to other pieces of legislation that might Court said in Carcieri v. Salazar. The vote ‘no’ on H.R. 312, Mashpee

VerDate Sep 11 2014 03:52 May 16, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.046 H15MYPT1 May 15, 2019 CONGRESSIONAL RECORD — HOUSE H3823 Wampanoag Tribe Reservation Reaffir- cans for Limited Government, the American ensure Tribal sovereignty and self-gov- mation Act.’’ Principles Project, the Coalition for Amer- ernance, land is critical to the connec- I also want to reference Americans ican Values, Eagle Forum, the Governor of tion of people to their land. And the for Limited Government: Rhode Island, Wampanoag Tribe of Gay real-world decisions that we are mak- Head, Congressman David Cicilline, Con- ‘‘The House of Representatives gressman James Langevin, and President ing have real consequences. should reject H.R. 312, the Senator Donald Trump in opposing this bill. To strip people of their land is to ELIZABETH WARREN-led attempt to President Trump tweeted that he opposed strip them of their identity, to strip punch piecemeal holes through the In- the bill and urged Members of Congress to do them of their self-governance and their dian Gaming Regulatory Act. This the same last week. House Minority Whip self-determination. It is a sad state isn’t about the ability of Tribes using Steve Scalise also sent an email recom- that, nearly 400 years later, the Mash- land that is part of their long-estab- mending Members vote ‘‘no’’ on H.R. 312. pee still have to fight for land that is lished heritage for casino development, The bill is also strenuously opposed by the rightfully theirs. only other Federally-recognized Tribe in But we can remedy that today. but, instead, it is about whether Con- Massachusetts. gress should place gambling institu- All of this opposition was enough to have I want to thank our colleagues Mr. tions on unrelated land based upon the bill pulled from consideration by the KEATING and Mr. KENNEDY, as well as proximity to urban areas. House of Representatives under the suspen- the entire Massachusetts delegation, ‘‘If Senator WARREN and her bene- sion of the rules procedures one week after it for spearheading this effort to save the factors wish to change the Indian gam- was considered in committee with no bill re- Mashpee’s land, preserve their way of ing laws, they should introduce whole- port or score—actually, there was a bill re- life, and reestablish and not allow a sale reforms rather than turning the port but no score from the Congressional precedent to stand where trust land Budgetary Office. that was given is taken away. existing law into Swiss cheese for noth- Now, the Democrat leadership is using a ing more than investor pecuniary in- closed rule and not allowing any amend- This is an important piece of legisla- terests. ments to get this controversial bill out of tion with implications across Indian ‘‘Rick Manning, President, Ameri- the House of Representatives. Given that Country. cans for Limited Government.’’ H.R. 312 authorizes an off-reservation casino, Mr. Speaker, I urge the swift adop- We actually have our opposition to bails out a foreign corporation from major tion of H.R. 312, and I yield back the 312: financial problems of its own making, and remainder of my time. reverses the judgment of a Federal court and Ms. MOORE. Mr. Speaker, I include in the I urge my colleagues to vote ‘‘no’’ on 312, contradicts Interior and Supreme Court deci- the Mashpee Wampanoag Tribe Reservation RECORD the following letter from the sions, it is no wonder that the majority had Wampanoag Tribe of Gay Head Aquinnah ex- Reaffirmation Act, when it comes before the to resort to these drastic measures. House today. I urge everyone to vote ‘‘no’’ and to oppose pressing their concerns about this legislation. H.R. 312 is contrary to the view of the De- this bill that sets a dangerous precedent that I want to reiterate that I support this legisla- partment of the Interior, contradicts a Su- will open the floodgates to off-reservation tion. However, I believe it is important that the preme Court decision, and aims to reverse Tribal casinos all over the United States if concerns of this sister tribe be included in this Federal court decisions on this matter in enacted into law. debate. order to build a massive, 400,000-square-foot, off-reservation gaming complex for the ben- Once again, I want to reiterate, if WAMPANOAG TRIBE OF efit of Genting, a foreign Malaysian gaming you have a problem with the Indian GAY HEAD AQUINNAH, company. Gaming Regulatory Act, let’s do the Aquinnah, MA. The bill forever strips the Federal Govern- wholesale changes on a massive scale, To: The United States House of Representa- ment of its jurisdictions over this Tribal ca- tives, Honorable Representatives not do it one piece at a time, one Tribe From: Chairwoman Cheryl Andrews-Maltais, sino and overturns a well-reasoned decision at a time, not allowing lawful actions from a Federal judge. The Wampanoag Tribe of Gay Head H.R. 312 also provides a massive tax shelter to occur. Aquinnah (The Aquinnah Wampanoag) for Genting by shielding the land—and the So, I ask all my colleagues to vote Date: May 15, 2019 casino on it—from taxation and State regu- ‘‘no’’ against this bill. Send a clear Re: H.R. 312 lation. message that we have got to follow the THE WAMPANOAG TRIBE OF GAY HEAD The bill creates two reservations for the law or change it wholesale for every- AQUINNAH (AQUINNAH WAMPANOAG TRIBE) Mashpee Tribe of Massachusetts, one res- body. STRENUOUSLY OPPOSES H.R. 312, MASHPEE ervation which we have no problem with, in Mr. Speaker, I ask a ‘‘no’’ vote from WAMPANOAG TRIBE RESERVATION REAFFIR- the town of Mashpee, the Tribe’s historic my colleagues, and I yield back the MATION ACT reservation lands. No casino will be allowed The Wampanoag Tribe of Gay Head within the geographical boundaries of the balance of my time. Mr. GRIJALVA. Mr. Speaker, I yield Aquinnah (Aquinnah Wampanoag) strenu- town of Mashpee. ously opposes the above referenced Bill due The other reservation will be 50 miles away myself such time as I may consume. to the fact that it creates two classes of from Mashpee in the city of Taunton. This Upholding the establishment of Trib- Tribes within the same Wampanoag Tribal site is not part of the Tribe’s historic res- al homelands should be, and is, one of Nation. ervation and was selected by the Tribe and the most important actions that this H.R. 312 unfairly provides a pathway for Genting for a billion-dollar casino project Congress can take. It is not just about economic development for one Tribe (the because of its proximity to the Providence, tax-exempt status or economic devel- Mashpee Wampanoag) while simultaneously Rhode Island, casino market, 20 miles away. opment, both of which are vitally im- creating an obstruction to the other In 1988, Congress enacted the Indian Gam- Wampanoag Tribe (the Aquinnah ing Regulatory Act with the intent to re- portant to Tribal communities. Wampanoag) whose Tribal community also strict casinos to Tribes’ original reserva- It is also about the construction of lives within the same shared Ancestral terri- tions. schools, housing, clinics, elder care fa- tory of the Wampanoag Nation. By placing land in trust for gaming in cilities, things that are extremely vital The Bill sets forth a pathway for one Tribe Taunton, H.R. 312 creates an off-reservation to the quality of life and well-being of (the Mashpee) to acquire lands in trust out- casino, which is inconsistent with congres- Tribal members. side of its original homeland ‘‘village site’’ sional intent. This is often called ‘‘reserva- It is also about recognizing a Tribe’s of the Town of Mashpee and does not provide tion shopping,’’ and it is an abuse of the In- historical, cultural, and spiritual con- the same opportunity for the other Tribe dian Gaming Regulatory Act. (the Aquinnah). The Tribe’s lawyers knew that reservation nection. H.R. 312 also removes all clouds of the ap- shopping was a political headache, so they It is not about protecting a market plicability of the Indian Reorganization Act went to the previous administration to ob- share. It is not about the tweets from (as Amended), and all other laws enacted for tain the two reservations through adminis- the President. It is not about the scare the benefit of Federally Recognized Tribes trative action. tactics and hysteria of off-reservation for one Tribe (the Mashpee) and not for the Once again, the Federal judge, however, gaming that is constantly used in try- Aquinnah who is of the same Wampanoag ruled that what the previous administration ing to fight the self-determination and Nation and who was federally recognized 25 did was unlawful, so now they need legisla- the ability of Tribes to take care of years earlier. tion to authorize this off-reservation casino. The Bill provides a remedy to the Depart- The bill was opposed by 10 of the 13 voting themselves. ment of the Interior’s (DOI’s) egregious de- Republicans in the committee markup. And it is about identity. termination that the Wampanoag are not eli- Ranking Member Rob Bishop was one of I want to just follow up on the gen- gible to have lands taken into trust for one those. These Members are joined by Ameri- tlewoman from Kansas’ comment. To Tribe (the Mashpee Wampanoag), while

VerDate Sep 11 2014 05:05 May 16, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.048 H15MYPT1 H3824 CONGRESSIONAL RECORD — HOUSE May 15, 2019 omitting the other Wampanoag Tribe (the Eshoo Lieu, Ted Roybal-Allard Latta Ratcliffe Taylor Aquinnah Wampanoag) from this remedy Espaillat Lipinski Ruiz Lesko Rice (SC) Timmons from which the Aquinnah Wampanoag are Evans Loebsack Ruppersberger Long Riggleman Tipton Loudermilk Rodgers (WA) also suffering. Ferguson Lofgren Rush Turner Finkenauer Lowenthal Sa´ nchez Luetkemeyer Roe, David P. The Aquinnah Wampanoag would support Wagner Fitzpatrick Lowey Sarbanes Marchant Rogers (AL) Walberg this Bill, H.R. 312 if included as part of ‘‘and Fletcher Lucas Scanlon Marshall Rose, John W. Walker ´ for other purposes’’. The simple request is Foster Lujan Schakowsky McCarthy Roy Waltz McCaul Rutherford for a simple amendment to create fairness, Frankel Luria Schiff Weber (TX) Fudge Lynch McKinley Scalise equity and parity for both Wampanoag Schneider Webster (FL) Gabbard Malinowski Meadows Schweikert Tribes within Massachusetts. Schrader Wenstrup Gallego Maloney, Meuser Sensenbrenner Schrier Westerman SEC. (d) REAFFIRMATION OF INDIAN TRUST Garamendi Carolyn B. Miller Shimkus Scott (VA) LAND TO ALSO INCLUDE THE Garcı´a (IL) Maloney, Sean Mitchell Smith (MO) Williams Scott, Austin WAMPANOAG TRIBE OF GAY HEAD Garcia (TX) Massie Mooney (WV) Smith (NE) Wilson (SC) Scott, David AQUINNAH (THE AQUINNAH Golden Mast Norman Smucker Wittman WAMPANOAG) Gomez Matsui Serrano Olson Spano Womack (a) IN GENERAL.—The taking of any land Gonzalez (OH) McAdams Sewell (AL) Palazzo Steil Woodall into trust by the United States for the ben- Gonzalez (TX) McBath Shalala Palmer Steube Wright Gottheimer McClintock Sherman Perry Stewart Yoho efit of the Wampanoag Tribe of Gay Head Sherrill Aquinnah of Massachusetts is reaffirmed as Green (TX) McCollum Posey Stivers Zeldin Grijalva McEachin Simpson trust land and the actions of the Secretary Haaland McGovern Sires NOT VOTING—10 of the Interior in taking that land into trust Hagedorn McHenry Slotkin Abraham Higgins (LA) Ryan are ratified and confirmed. Harder (CA) McNerney Smith (NJ) Brooks (IN) Johnson (LA) Swalwell (CA) (b) APPLICABILITY OF LAWS.—All laws (in- Hastings Meeks Smith (WA) Cleaver Pence cluding regulations) of the United States of Hayes Meng Soto Cummings Roby general applicability to Indians or nations, Heck Moolenaar Spanberger Indian Tribes, or bands of Indians (including Higgins (NY) Moore Speier b 1555 Hill (CA) Morelle Stanton the Act of June 18, 1934 (25 U.S.C. 51O1 et Himes Moulton Stauber Mr. MARSHALL changed his vote seq.)), shall be applicable to the Wampanoag Hollingsworth Mucarsel-Powell Stefanik from ‘‘yea’’ to ‘‘nay.’’ Tribe of Gay Head Aquinnah and its Tribal Horn, Kendra S. Mullin Stevens Messrs. BERGMAN, AUSTIN SCOTT members. Horsford Murphy Suozzi The SPEAKER pro tempore. All time Houlahan Nadler Takano of Georgia, SMITH of Washington, for debate has expired. Hoyer Napolitano Thompson (CA) HORSFORD, BABIN, and MASSIE Huffman Neal Thompson (MS) changed their vote from ‘‘nay’’ to Pursuant to House Resolution 377, Hurd (TX) Neguse Thompson (PA) ‘‘yea.’’ the previous question is ordered on the Jackson Lee Newhouse Thornberry bill, as amended. Jayapal Norcross Titus So the bill was passed. Jeffries Nunes The question is on the engrossment Tlaib The result of the vote was announced Johnson (GA) O’Halleran Tonko and third reading of the bill. Johnson (TX) Ocasio-Cortez as above recorded. Torres (CA) A motion to reconsider was laid on The bill was ordered to be engrossed Joyce (OH) Omar Torres Small and read a third time, and was read the Kaptur Pallone (NM) the table. Katko Panetta Trahan third time. Keating Pappas Trone f Kelly (IL) Pascrell The SPEAKER pro tempore. The Underwood Kennedy Payne question is on the passage of the bill. Upton REAFFIRMING AUTHORITY OF Khanna Perlmutter Van Drew The question was taken; and the Kildee Peters SECRETARY OF INTERIOR TO Vargas Speaker pro tempore announced that Kilmer Peterson TAKE LAND INTO TRUST FOR IN- Veasey the ayes appeared to have it. Kim Phillips DIAN TRIBES Kind Pingree Vela ´ Mr. GOSAR. Mr. Speaker, on that I King (NY) Pocan Velazquez The SPEAKER pro tempore. Pursu- demand the yeas and nays. Kirkpatrick Porter Visclosky ant to clause 8 of rule XX, the unfin- The yeas and nays were ordered. Krishnamoorthi Pressley Walden Walorski ished business is the vote on the mo- The SPEAKER pro tempore. Pursu- Kuster (NH) Price (NC) LaMalfa Quigley Wasserman tion to suspend the rules and pass the ant to clause 9 of rule XX, this 15- Lamb Raskin Schultz bill (H.R. 375) to amend the Act of June minute vote on passage of the bill will Larsen (WA) Reed Waters 18, 1934, to reaffirm the authority of be followed by 5-minute votes on: Larson (CT) Reschenthaler Watkins Lawrence Rice (NY) Watson Coleman the Secretary of the Interior to take The motion to suspend the rules and Lawson (FL) Richmond Welch land into trust for Indian Tribes, and pass H.R. 375; and Lee (CA) Rogers (KY) Wexton for other purposes, on which the yeas The motion to suspend the rules and Lee (NV) Rooney (FL) Wild and nays were ordered. pass H.R. 1892. Levin (CA) Rose (NY) Wilson (FL) Levin (MI) Rouda Yarmuth The Clerk read the title of the bill. The vote was taken by electronic de- Lewis Rouzer Young The SPEAKER pro tempore. The vice, and there were—yeas 275, nays question is on the motion offered by NAYS—146 146, not voting 10, as follows: the gentleman from Arizona (Mr. GRI- [Roll No. 207] Aderholt Collins (GA) Graves (MO) JALVA) that the House suspend the Allen Collins (NY) Green (TN) YEAS—275 Amash Comer Griffith rules and pass the bill. Adams Calvert Crist Arrington Conaway Grothman This is a 5-minute vote. Aguilar Carbajal Crow Baird Crawford Guest The vote was taken by electronic de- Allred Ca´ rdenas Cuellar Balderson Crenshaw Guthrie vice, and there were—yeas 323, nays 96, Amodei Carson (IN) Cunningham Banks Curtis Harris Armstrong Cartwright Davids (KS) Barr Davidson (OH) Hartzler not voting 12, as follows: Axne Case Davis (CA) Biggs DesJarlais Hern, Kevin [Roll No. 208] Babin Casten (IL) Davis, Danny K. Bilirakis Duncan Herrera Beutler Bacon Castor (FL) Davis, Rodney Bishop (UT) Dunn Hice (GA) YEAS—323 Barraga´ n Castro (TX) Dean Bost Emmer Hill (AR) Adams Bilirakis Byrne Bass Chu, Judy DeFazio Brady Estes Holding Aguilar Bishop (GA) Calvert Beatty Cisneros DeGette Brooks (AL) Fleischmann Hudson Allred Bishop (UT) Carbajal Bera Clark (MA) DeLauro Buchanan Flores Huizenga Amash Blumenauer Ca´ rdenas Bergman Clarke (NY) DelBene Buck Fortenberry Hunter Armstrong Blunt Rochester Carson (IN) Beyer Clay Delgado Bucshon Foxx (NC) Johnson (OH) Axne Bonamici Carter (TX) Bishop (GA) Clyburn Demings Budd Fulcher Johnson (SD) Babin Bost Cartwright Blumenauer Cohen DeSaulnier Burchett Gaetz Jordan Bacon Boyle, Brendan Case Blunt Rochester Cole Deutch Burgess Gallagher Joyce (PA) Baird F. Casten (IL) Bonamici Connolly Diaz-Balart Byrne Gianforte Kelly (MS) Balderson Brindisi Castor (FL) Boyle, Brendan Cook Dingell Carter (GA) Gibbs Kelly (PA) Barr Brooks (AL) Castro (TX) F. Cooper Doggett Carter (TX) Gohmert King (IA) Barraga´ n Brown (MD) Chu, Judy Brindisi Correa Doyle, Michael Chabot Gooden Kinzinger Bass Brownley (CA) Cisneros Brown (MD) Costa F. Cheney Gosar Kustoff (TN) Beatty Buchanan Clark (MA) Brownley (CA) Courtney Duffy Cicilline Granger LaHood Bera Bucshon Clarke (NY) Bustos Cox (CA) Engel Cline Graves (GA) Lamborn Bergman Bustos Clay Butterfield Craig Escobar Cloud Graves (LA) Langevin Beyer Butterfield Clyburn

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