Mashpee Wampanoag Tribe Reservation Reaffirmation Act
Mr. Speaker, pursuant to House Resolution 377, I call up the bill (H.R. 312) to reaffirm the Mashpee Wampanoag Tribe reservation, and for other purposes, and ask for its immediate consideration in the House. Mr. Speaker, I ask unanimous…
Mr. Speaker, pursuant to House Resolution 377, I call up the bill (H.R. 312) to reaffirm the Mashpee Wampanoag Tribe reservation, and for other purposes, and ask for its immediate consideration in the House.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to insert extraneous material on H.R. 312.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 312, the Mashpee Wampanoag Tribe Reservation Reaffirmation Act, will reaffirm the trust status of Mashpee's Tribal land and protect the Tribe from further attacks on its land and its sovereignty.
The Mashpee relationship with the Federal Government is one of the oldest in the United States. In fact, their ancestors are the ones who welcomed the pilgrims who landed at Plymouth Rock, as well as the people who aided those pilgrims through hard times in 1621, in what we now refer to as the ``First Thanksgiving.''
Like many Tribes, the Mashpee were intentionally and systematically rendered landless, through no fault of their own. They fought long and hard over the years to reestablish both their Tribe and their land base.
The Tribe first petitioned the Federal Government for recognition in 1978. Finally, after 30 years, the Bush administration extended formal recognition to the Tribe in 2007. However, they still remained landless.
This was remedied in 2015, when the Department of the Interior took approximately 320 acres into trust to serve as the Tribe's reservation lands. The two parcels that compose the 320 acres are both within the Tribe's historic and ancestral homelands.
The Tribe constructed a government center on the land, which includes their schools, courtrooms and multipurpose room, as well as a medical clinic facility. And they broke ground on a gaming facility that would eventually bring in much-needed revenue for Tribal operations and programs.
However, in 2016, a group of Taunton residents, backed by an out-of- state commercial gaming company, filed a Carcieri suit in federal court to challenge the Department of the Interior's action.
Initially, the executive branch defended the decision to create the Mashpee reservation. However, in May 2017, the Department of Justice, under the Trump administration, inexplicably withdrew from the litigation and is no longer defending the status of the Tribe's land.
Then, in September 2018, the Department of the Interior issued its first Carcieri decision in which it refused to reaffirm its own authority to confirm the status of the Tribe's lands into trust. The effect of this decision cannot be overstated. For the first time in this century, a Tribe was stripped of its sovereign rights to its land. It would mark the first time since the dark days of the termination era that the United States acted to disestablish an Indian reservation and render a Tribe landless.
These attacks on the reservation and on the Tribe's very status have been devastating. The legal uncertainty that has been imposed by these events is forcing the Tribe to borrow thousands of dollars every day just to keep its government running, resulting in devastating cuts to essential services, and massive layoffs of Tribal members.
This is completely unacceptable. We cannot idly stand by as Tribal people are once again harmed by yet another action by the Federal Government. Let's be honest, the Federal Government has done a terrible job of living up to its moral and legal obligations to Indian Country.
Housing, education, healthcare, and basic needs often go unmet in Tribal lands. These are not extras or handouts to Tribal people. It is part of a trust responsibility, enshrined in numerous treaties, court rulings, and laws.
But the needs still need to be met, despite the Federal Government's failings. So how do Tribes attempt to make up for that shortfall? By utilizing their land for economic development, including gaming.
Economic development on Tribal lands is vital to the prosperity of a Tribe and the ultimate goal of self-determination and self-reliance. We have seen it numerous times across the Nation: Tribes using those dollars to fund their programs, construct housing and health clinics, and take care of the needs of their people.
The Mashpee Tribe should not be hindered from economic development on their land solely because the State of Rhode Island wants to protect its own State-run gaming interest.
H.R. 312 is widely supported in Indian Country, with letters of support from over 50 individual Tribes and pan-Tribal organizations.
Additionally, the bill has strong support, including from the cities of Taunton and Mashpee, the Chambers of Commerce of both cities, the State of Massachusetts, numerous Members of the Massachusetts State House and State Senate, the Mayflower Society, and many local businesses and business leaders.
Passage of H.R. 312 will protect the Mashpee Tribe's reservation lands and make clear that the Tribe is entitled to be treated the same way as other federally recognized Tribes.
Mr. Speaker, I urge its adoption, and I reserve the balance of my time.
Mr. Speaker, I yield as much time as he may consume to the gentleman from Massachusetts (Mr. Keating), the sponsor of the legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume to address a point that was brought up during the debate on this bill, that the Mashpee Tribe will not lose its Federal recognition if H.R. 312 does not pass. That is true. We have never stated the Federal recognition was in jeopardy.
What we are talking about, which is fundamental to the survival of the Tribe, is destroying a Tribe's sovereign government. That is really what is at stake.
Mr. Speaker, I yield such time as he may consume to the gentleman from Massachusetts (Mr. Kennedy), another sponsor of this legislation.
Mr. Speaker, may I inquire as to how much time is remaining.
Mr. Speaker, I yield 3 minutes to the gentleman from Massachusetts (Mr. Keating).
Mr. Speaker, I yield 2 minutes to the gentlewoman from Kansas (Ms. Davids).
Mr. Speaker, I reserve the balance of my time to close.
Mr. Speaker, I yield myself such time as I may consume.
Upholding the establishment of Tribal homelands should be, and is, one of the most important actions that this Congress can take. It is not just about tax-exempt status or economic development, both of which are vitally important to Tribal communities.
It is also about the construction of schools, housing, clinics, elder care facilities, things that are extremely vital to the quality of life and well-being of Tribal members.
It is also about recognizing a Tribe's historical, cultural, and spiritual connection.
It is not about protecting a market share. It is not about the tweets from the President. It is not about the scare tactics and hysteria of off-reservation gaming that is constantly used in trying to fight the self-determination and the ability of Tribes to take care of themselves.
And it is about identity.
I want to just follow up on the gentlewoman from Kansas' comment. To ensure Tribal sovereignty and self-governance, land is critical to the connection of people to their land. And the real-world decisions that we are making have real consequences.
To strip people of their land is to strip them of their identity, to strip them of their self-governance and their self-determination. It is a sad state that, nearly 400 years later, the Mashpee still have to fight for land that is rightfully theirs.
But we can remedy that today.
I want to thank our colleagues Mr. Keating and Mr. Kennedy, as well as the entire Massachusetts delegation, for spearheading this effort to save the Mashpee's land, preserve their way of life, and reestablish and not allow a precedent to stand where trust land that was given is taken away.
This is an important piece of legislation with implications across Indian Country.
Mr. Speaker, I urge the swift adoption of H.R. 312, and I yield back the remainder of my time.