WASHINGTON – Republicans tried Wednesday to curb the explosive growth of Indian gambling by prohibiting tribes from building casinos away from their reservations, but the effort failed in the House.
Lawmakers voted 247-171 for the measure, but that was short of the two-thirds majority needed. Democratic Reps. Tom Allen and Michael Michaud of Maine voted against the bill.
Rep. Richard Pombo, R-Calif., said he had hoped the legislation would stop “reservation shopping,” a growing trend. Tribal gambling has become a $22 billion-a-year industry, richer than Nevada casinos.
“How this bill could be considered controversial – outside Indian gaming circles, of course – is beyond me,” Pombo said after the vote.
The legislation was opposed by the country’s leading tribal organizations, and some Democrats said it amounted to an unwarranted intrusion into tribes’ sovereign right to self-government.
Democrats also objected because the bill was brought to the House floor under rules preventing amendments and limiting debate. The same rules required two-thirds approval for passage, something the minority party was easily able to block.
“We’ve seen tribes abused historically in this country,” Rep. Jay Inslee, D-Wash., complained before the vote. “I think that’s happening again today.”
Despite the failure, Pombo could try to bring the bill up again under regular rules requiring a simple majority for approval, and it likely would pass. Aides conceded there may not be time to do that with lawmakers eager to recess by the end of the month so they can spend October campaigning for re-election.
“This bill has a basic premise – Indian gaming should occur on Indian lands,” Pombo said. Without the change, “virtually any land in the country could be targeted for gaming.”
Though few of the nation’s nearly 225 casino-operating tribes have succeeded in building in better locations away from their reservations, a growing number are trying. Tribes are attempting to locate in the Catskills in New York, and tribes from opposite ends of California are trying to build in the Mojave Desert on the route connecting Los Angeles and Las Vegas.
Pombo’s legislation would block many such projects in the future, although projects already proposed could go forward.
The bill would amend the Indian Gaming Regulatory Act of 1988 to eliminate an exception that lets tribes build off-reservation with approval from the secretary of interior and the host state’s governor.
The measure still would have let tribes seek casino permits if they have been newly recognized by the federal government or if they have no reservation land of their own. But they would also have to reach agreements with local communities to ensure that a share of casino revenues go to local infrastructure, public safety and other costs.
The bill would let tribes invite other tribes to build casinos on their reservation land and share profits.
In a joint letter last week, the National Indian Gaming Association, the National Congress of American Indians and the National Indian Business Association asked House members to vote against the bill.
“Tribal governments are only beginning to overcome the adverse policies of the past. The unwarranted and far-reaching changes to Indian policy included in [the bill] must be rejected,” the letter said.
The debate comes as tribes’ newfound wealth is transforming them into influential political players. Tribes donated more than $5 million to federal candidates for the 2006 election, according to the Center for Responsive Politics.
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