Statements on Introduced Bills and Joint Resolutions

Floor Speech

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Mrs. FEINSTEIN. Mr. President, I rise today to reintroduce the Lytton Gaming Oversight Act. This legislation will ensure that regular process under Federal law is followed when Native American tribes take land into trust for operating gaming facilities.

Congress passed the Omnibus Indian Advancement Act in 2000, which included a provision to re-recognize the Lytton Band of Pomo Indians and allow them to acquire trust land in the San Francisco Bay area.

The Lytton Band has had a long and difficult history in my state, and by all accounts the Tribe deserved to be recognized and have a homeland.

But the Omnibus Indian Advancement Act did so in a way that was both controversial and unfair in how it granted an individual tribe an unprecedented exemption to the law.

The land taken into trust for the Lytton Band was miles away from their historical homeland and it treated the acquisition as if it was completed before 1988.

Why would something like that matter?

The answer is simple: the land the tribe acquired was home to an existing casino and 1988 is the year that Congress passed the Indian Gaming Regulatory Act.

Therefore, by treating the land as if it were taken into trust before 1988, the Tribe is able to operate the casino outside the framework set up by Congress to govern how and where tribes may open casinos.

The Omnibus Indian Advancement Act set aside well-established rules and procedures, and left the government with little ability to regulate the Lytton Band's gaming operation.

The result: the Lytton Band acquired land and a casino without having to go through the normal oversight process. No local input. No community feedback and no consideration for the best interest of the region.

The Lytton Gaming Oversight Act would implement a reasonable solution to this problem.

It does so by taking two simple steps.

It protects the sovereignty of the Tribe by allowing continued operation of existing gaming activities, provided the tribe follows standards established by the Indian Gaming Regulatory Act for gaming on newly-acquired lands in the future.

Secondly it protects the interest of the surrounding community by precluding any physical or operational expansion of the Tribe's current gaming facility unless the Tribe consults with locals and obtains the consent of the Governor and the Secretary of the Interior as required by current law.

The bill does not modify or eliminate the tribe's federal recognition status. It does not alter the trust status of the Tribe's land. It does not take away the Tribe's ability to conduct gaming through the standard process prescribed by current law.

Circumventing the Indian Gaming Regulatory Act process deprives local and tribal governments the ability to weigh in on this incredibly important issue.

A 2006 report entitled Gambling in the Golden State found serious problems associated with gambling establishments; casinos are associated with a 10 percent increase in violent crime, a 10 percent increase in bankruptcy rates, and a per capita increase of $15.34 for law enforcement.

If this bill is not approved, the Lytton Tribe could take the existing casino that serves as their reservation and turn it into a large Nevada-style gambling complex. In fact, this is exactly what was proposed in the summer of 2004. I am pleased that the tribe has abandoned the plan seeking a sizable Class III casino, but without this legislation the tribe could reverse their decision at any time.

Identical legislation passed this body in the past two Congresses. It had unanimous approval from both Democrats and Republicans. This is in large part because I have worked and negotiated with the Tribe to ensure that this legislation is fair and balanced.

The bill is simple, straightforward, and reasonable. It restores the intent of Congress and preserves the sovereignty of the Lytton Band.

I urge my colleagues to support this bill, and look forward to working with you to ensure its passage again in the coming year.

There being no objection, the text of the bill was ordered to be printed in the RECORD.

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