Stop Predatory Gambling

“Carcieri fix” rider inserted into the U.S. House Continuing Resolution last Wednesday

by spgadmin

On Wednesday night, the United States House of Representatives approved a $1.1 trillion continuing resolution (CR) that will fund the federal government through September 30, 2011. A Continuing Resolution was Congress’ last resort as it failed to pass any of the 12 appropriations bills for fiscal year 2011, as well as a budget resolution. Within the CR, however, there was an amendment to allow tribes who became federally-recognized after 1934 to put land into trust status, an action which would be a major benefit for the predatory gambling trade across the country. Attached is a copy of the text of the amendment. It can be found on pgs. 93-94 of the Continuing Resolution. The link to the full CR can be found here.

According to the gambling business journal Gambling Compliance, Rep. Tom Cole R-OK who filed the amendment claimed it “has absolutely nothing to do with gaming”. Instead, he said, the “Carcieri fix” is about land put into trust for housing by the Narragansett Indians.

As you will see upon review of the text, there is nothing in the language that prohibits predatory gambling from occurring on these new trust lands if this amendment makes it all the way to the finish line. Rep. Cole was not being a straight-shooter with his comments. The next battle for this issue will happen in the Senate.

Here’s the text with the page number at the top:

Pg. 93
1 (4) Indian Health Service.
2 (5) Smithsonian Institution.
3 (6) National Gallery of Art.
4 (7) National Endowment for the Arts.
5 (8) National Endowment for the Humanities.
6 SEC. 2727. (a) MODIFICATION.—
7 (1) IN GENERAL.—The first sentence of section
8 19 of the Act of June 18, 1934 (commonly known
9 as the ‘‘Indian Reorganization Act’’) (25 U.S.C.
10 479), is amended—
11 (A) by striking ‘‘The term’’ and inserting
12 ‘‘Effective beginning on June 18, 1934, the
13 term’’; and
14 (B) by striking ‘‘any recognized Indian
15 tribe now under Federal jurisdiction’’ and in16
serting ‘‘any federally recognized Indian tribe’’.
17 (2) EFFECTIVE DATE.—The amendments made
18 by paragraph (1) shall take effect as if included in
19 the Act of June 18, 1934 (commonly known as the
20 ‘‘Indian Reorganization Act’’) (25 U.S.C. 479), on
21 the date of enactment of that Act.
22 (b) RATIFICATION AND CONFIRMATION OF AC23
TIONS.—Any action taken by the Secretary of the Interior
24 pursuant to the Act of June 18, 1934 (commonly known
25 as the ‘‘Indian Reorganization Act’’) (25 U.S.C. 461 et

Pg. 94

1 seq.) for any Indian tribe that was federally recognized
2 on the date of the action is ratified and confirmed, to the
3 extent such action is subjected to challenge based on
4 whether the Indian tribe was federally recognized or under
5 Federal jurisdiction on June 18, 1934, ratified and con6
firmed as fully to all intents and purposes as if the action
7 had, by prior act of Congress, been specifically authorized
8 and directed.
9 (c) EFFECT ON OTHER LAWS.—
10 (1) IN GENERAL.—Nothing in this section or
11 the amendments made by this section affects—
12 (A) the application or effect of any Federal
13 law other than the Act of June 18, 1934 (25
14 U.S.C. 461 et seq.) (as amended by subsection
15 (a)); or
16 (B) any limitation on the authority of the
17 Secretary of the Interior under any Federal law
18 or regulation other than the Act of June 18,
19 1934 (25 U.S.C. 461 et seq.) (as so amended).
20 (2) REFERENCES IN OTHER LAWS.—An express
21 reference to the Act of June 18, 1934 (25 U.S.C.
22 461 et seq.) contained in any other Federal law shall
23 be considered to be a reference to that Act as
24 amended by subsection (a).