Alabama-Coushatta Tribe lobbies Congress for gaming rights

Thursday, July 16, 2015

Leaders of the Alabama-Coushatta Tribe of Texas came to Capitol Hill on Wednesday to lobby for restoration of their gaming rights.

The tribe operated a successful casino on its reservation but was forced to shut it down in 2002 in response to litigation from the state. The closure resulted in the loss of jobs and revenue in an area of Texas where nearly a quarter of the population lives below the poverty line.

"We are continuously struggling because we depend on the federal revenues to come in and each year it's always declining," Chairwoman Nita Batisse told the House Subcommittee on Indian, Insular, and Alaska Native Affairs.

"We are desperately in need of better and stronger housing. Many of the homes that were built in the 70s are in desperate need of repair and renovation," said Battisse, adding that the tribe needs revenues for law enforcement, elders and other programs.

Indianz.Com SoundCloud: House Subcommittee on Indian, Insular, and Alaska Native Affairs Legislative Hearing on H.R. 1028, H.R. 2684, H.R. 2733

A boost could come if Congress finalizes a long-running land claim in which the U.S. Court of Federal Claims determined that the tribe was owed $270 million for the loss of its aboriginal territory. However, lawmakers have not acted on a recommendation that was made more than a decade ago.

That's why the tribe has proposed a settlement. H.R.2684, the Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act, extinguishes the land claim in exchange for Congressional restoration of its gaming rights.

"Federally-recognized tribes throughout the United States with gaming operations as a source of revenue have the means to offset these dwindling government funding sources," Vice Chairman Ronnie Thomas testified. "This permits these tribes to continue to provide for the housing, healthcare, education, and other needs of their members."

"This type of economic self-sufficiency is what our tribe is seeking," Thomas added.

The tribe has opened a smoke shop in hopes of recovering some of the revenues it lost when the casino was shut down. Photo by Will B. / Yelp

Rep. Don Young (R-Alaska), the chairman of the subcommittee, and other members support the measure. It has a bipartisan group of 10 co-sponsors -- five Republicans and five Democrats.

"I don't think we have any opposition to that bill," Young observed.

Gaming, however, remains controversial in Texas. Since the 2002 closure, the tribe has sought recognition of its rights at the state level but lawmakers there have not taken any action.

No one from the state testified at the hearing. But Rep. Brian Babin (R-Texas), whose district includes the reservation, endorsed the measure.

"I can tell you unequivocally that we feel these tribal members are very good neighbors," said Babin.

The Lucky Eagle Casino on the Kickapoo Reservation in Texas. Photo: LuckyEagleTexas

The Obama administration also supports the bill. Michael Smith, the deputy director of the Bureau of Indian Affairs said it would bring fairness to the tribe under the Indian Gaming Regulatory Act.

More than 240 tribes are following IGRA, which became law in 1988. That was a year after Congress restored the Alabama-Coushatta Tribe to federal recognition.

A provision in the Alabama-Coushatta Restoration Act, however, bars the tribe from engaging in gaming activities that are "prohibited" by the state. H.R.2684 address the situation by simply removing Section 737 from the law.

"It only seems fair that our tribe should enjoy the same rights as other tribes, including rights under IGRA," Vice Chairman Thomas said yesterday. The Kickapoo Tribe, he noted, engages in gaming at the Lucky Eagle Casino in southwestern Texas.

Wetlands in the Big Thicket National Preserve in Texas. Photo: J. Stephen Conn

The Alabama-Coushatta Tribe's claim covers 5.5 million acres of aboriginal territory eastern Texas. Some of the land is now a part of the Big Thicket National Preserve.

The land taken from the tribe has proven to be valuable. Damages determined by the Court of Claims included $150 million in lost oil and gas revenues and nearly $113 million in lost timber revenues.

"It's just about the right for the tribe's economy to be able to exercise what they need over their own land and seek economic opportunities," said Rep. Doug LaMalfa (R-California), one of the bill's co-sponsors, of the tribe's right to engage in gaming.

A companion bill, S.1457, has been introduced in the Senate. It has not yet received a hearing before the Senate Indian Affairs Committee.

The Senate version only has one sponsor: Sen. Jon Tester (D-Montana), the vice chairman of the committee. The tribe faces a unique hurdle in that chamber because Sen. John Cornyn (R-Texas) filed the lawsuit that shut down the casino when he served as attorney general of Texas.

Committee Notice:
Legislative Hearing on H.R. 1028, H.R. 2684, H.R. 2733 (July 15, 2015)