Reaffirming the Authority of the Secretary of the Interior to Take Land Into Trust for Indian Tribes

Floor Speech

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Mr. GOSAR. Madam Speaker, I thank the ranking member for yielding such time.

I rise today in strong opposition to the current form of H.R. 4352.

In 1988, Congress enacted the Indian Gaming Regulatory Act, or IGRA, with the intent to restrict casinos to Tribes' original reservations.

H.R. 4352 reverses a major 2009 Supreme Court decision, and the bill would lead to future abuses of IGRA. The bill gives unelected bureaucrats a blank check to take any land anywhere in America into trust without respect for impacted communities, including other Tribes.

More importantly, H.R. 4352 allows reservation shopping and for lands to be taken into trust for off-reservation casinos in places where States, local governments, and other Tribes oppose such action.

H.R. 4352 will result in a flood of new off-reservation casinos that cause harm to States and local communities. Many of these casino locations are nowhere near Tribes' historic reservations and will be handpicked by gambling investors and Washington bureaucrats.

If H.R. 4352 passes, all Tribes would have to do in order to get land taken into trust and open off-reservation casinos is to show that they are federally recognized by the Department of the Interior.

The reality is that this bill could be fixed.

Last Congress, in committee, we talked about the importance of finding common ground on which to address community concerns about off- reservation casino abuse and the valid concerns brought to the committee by State and county governments.

H.R. 4352 should be considered under an open rule and amended prior to being brought to the floor to address these real bipartisan concerns about the real-world impacts of the bill.

Taking land into trust divests the affected State and local governments of jurisdiction. When land is taken into trust, for example, the Tribe will pay no applicable taxes on the land, but the county or city in which the land is located might nonetheless be required to supply the Tribe with county and city services, and non- Tribal residents will pay for it.

At least consultation should be a minimum. Tribes demand this in reverse.

The bill as currently drafted, therefore, increases the power of an unelected bureaucracy to divest nonconsenting State and local governments of jurisdiction over their land. This, by itself, is a great cause of concern.

Let's be clear about H.R. 4352. A bill of this scope and magnitude deserves more careful consideration than is being given here today.

Currently, there are almost 600 recognized Tribes in the United States. About 240 of them have gaming operations.

H.R. 4352 removes the dam that provides some restraint on the number of Tribal casinos and would be a dramatic departure from the existing Federal law that has been in place for almost a century.

Before voting on a bill of this magnitude, I hope Members all understand that H.R. 4352 will open the floodgates to off-reservation Tribal casinos all over the United States.

If H.R. 4352 passes, all federally recognized Tribes will be eligible to receive land in trust and potentially open off-reservation casinos. This includes any Tribe recognized by the Department of the Interior that was ineligible to receive land in trust and/or was denied land in trust prior to H.R. 4352.

According to the National Indian Gaming Commission fact sheet, as of 2016, approximately 329, or 58 percent, of the recognized Tribes have no gaming operations.

There is a responsible way for Congress to address these issues. Just 1 month ago, the House passed H.R. 4881, the Old Pascua Community Land Acquisition Act. The broad bipartisan bill was done exactly the way it should have been done, with community input, broad bipartisan support, and, most importantly, congressional oversight.

But H.R. 4352 ignores all of that and more. It lets an unelected bureaucracy give whatever land it wants to all recognized Tribes. Thus, the important process that made H.R. 4881 a success would be ignored if H.R. 4352 passes.

Let's be clear. Passage of H.R. 4352 will allow for new off- reservation casinos to be opened in your States, in your communities, and in your backyard, and for land to be ripped away from local jurisdictions without recourse.

As I have constantly said, good process equals good policy equals good politics. This wasn't done.

I urge all Members to vote ``no'' on H.R. 4352.

Ms. LEGER FERNANDEZ.

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Mr. GOSAR. Madam Speaker, on that I demand the yeas and nays.

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