Restricting Indian Gaming To Homelands Of Tribes Act Of 2006

RESTRICTING INDIAN GAMING TO HOMELANDS OF TRIBES ACT OF 2006 -- (House of Representatives - September 13, 2006)

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Mr. COLE of Oklahoma. Mr. Speaker, I rise today in opposition to H.R. 4893, a bill amending section 20 of the Indian Gaming Regulatory Act.

Mr. Speaker, I know this bill has been forged in the cauldron of Indian country, and speaking from experience, I know Native American passion can be as powerful as any constituency in America. That is why I rise, first and foremost, to voice my utmost respect for the chairman of the Resources Committee, the gentleman from California (Mr. Pombo), who has attempted to address casino-style gaming outside tribal reservations in a fair and balanced fashion. I particularly want to thank him for working to accommodate many of my concerns in particular areas of this bill. Frankly, I wish we had had the opportunity to continue our discussions on the bill.

Mr. Speaker, the chairman is a tremendous ally of Indian country and anyone who doubts this to any degree need only to look to his record and to his committee's priorities. He has always had nothing but the best interest of tribes in mind from a policy perspective, and he understands their issues as well as anyone in Congress. Unfortunately, on this issue we simply disagree.

The Resources Committee has crafted this bill with the best of intentions. I recognize its members are trying to address a complex challenge. However, as the only enrolled member of a tribe in Congress, the Chickasaw Nation, I take my obligation to defend the concept of tribal sovereignty very seriously. This bill, however well-intentioned, in my opinion violates and erodes the sovereignty of all American Indian tribes. As a result, tribal governments in my State and all across the country have urged me to oppose this legislation. And most tribal organizations, as the gentleman from Michigan (Mr. Kildee) has pointed out, also oppose the legislation.

Our Constitution recognizes three types of sovereign entities beyond our own country: First, foreign governments; second, the States; and third, Indian tribes. Existing law requires that to enter into gaming activities, tribes must negotiate agreements with the Federal Government and the State government.

Under this bill, for the first time in United States history, Indian tribes would be required to negotiate directly with local governments in order to engage in lawful activity. That diminishes the power of tribes and raises local governments to the level of sovereign entities.

This is wrong for two reasons. First, local governments are not sovereign units. They are the creation of State governments and it is the responsibility of State governments to look after their interests. Second, it is the responsibility of State governments to negotiate for and represent the interests of local governments in their dealings with tribes. To shift this burden from the States to the tribes is both wrong and irresponsible.

Mr. Speaker, as currently written, the Indian Gaming Regulatory Act works. It has provided tribes the opportunity to recapitalize, diversify their economies, and raise their voices in national politics. It reinforces the tribes' constitutional right to negotiate as a sovereign entity with the Federal Government and with State governments, and it protects the interest of local governments by ensuring they work with their State governor and legislature in the State compacting process.

Mr. Speaker, all things considered, I see no upside in subjecting tribes to local governments. Therefore, I see it as Congress' responsibility to continue the tradition enshrined in the Constitution, embedded in our laws, and reinforced by countless judicial decisions, and that is to preserve and protect Indian sovereignty. I strongly urge a ``no'' vote on H.R. 4893

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