Legislation | Openings & Closings

Tohono O'odham Nation secures major victory in casino fight

Tuesday, November 17, 2015

Indianz.Com SoundCloud: House Debate on H.R.308, the Keep the Promise Act

The Tohono O'odham Nation celebrated on Monday after a bill aimed at blocking the tribe's new casino suffered a humiliating defeat in the 114th Congress.

The tribe will be opening the Desert Diamond Casino - West Valley on December 20. The facility is located on land that has already been placed in trust in Glendale, a suburb on the western side of Phoenix.

H.R.308, the Keep the Promise Act, doesn't mention the tribe by name but it would have barred gaming at the site. The bill, however, failed to secure enough votes on the floor of the House after a flurry of lobbying activity on both sides of the issue.

“Today, David beat Goliath, again," Chairman Edward Manuel said in a press release. "The special interests spent $17 million trying to rush this harmful bill through, but in the end it came down to the facts. The more that members of Congress examine this legislation, the more they recognize how harmful it is for Arizona workers, the Nation, and tribes across the U.S.”

The exterior of the Desert Diamond Casino – West Valley in Glendale, Arizona, is taking shape ahead of its December 20, 2015, opening. Photo from Facebook

H.R.308 was considered under a suspension of the rules, a procedure that's typically reserved for non-controversial bills. The heightened standard meant that it needed two-thirds of the House to move forward.

The roll call was 263 to 146 -- a tally that fell short of the threshold. Most of the "Yeas" came from Republicans and most of the "Nays" from Democrats.

“Courts have consistently found this casino is legal and the Tohono O’odham have acted appropriately in developing it. It has already created construction jobs and is on the threshold of significantly improving the Tohono O’odham economy," said Rep. Raul Grijalva (D-Arizona), who led opposition to the bill during yesterday's debate.

"Outside interests who hoped to use Congress to block competition – never an offer my colleagues and I should take up – have failed to buy the result they wanted, despite spending millions of dollars on an army of lobbyists," Grijalva added. "It’s time to drop this special interest giveaway once and for all and move on to real business.”

Arizona Casino Wars: Tribes battle over new gaming facility in the Phoenix area

The land at issue was taken into trust under the provisions of the Gila Bend Indian Reservation Lands Replacement Act. In the 1986 law, Congress compensated the tribe for a reservation outside of Phoenix that was flooded by the federal government.

The Bureau of Indian Affairs followed the law and placed the Glendale site in trust. A federal judge eventually concluded that the parcel qualified for a casino under the Indian Gaming Regulatory Act because it was acquired in connection with a land claim settlement.

A prior version of the Keep the Promise Act modified the 1986 settlement to bar gaming on newly acquired lands, a provision that could have affected other tribes in the area. When that bill failed to clear the 113th Congress, sponsors changed the wording to ensure that only the Tohono O'ohdam Nation was punished for pursuing the casino.

The tribes that lobbied for H.R.308 already operate casinos in the Phoenix area. The Gila River Indian Community has spent $2.5 million on lobbying so far in 2015, according to the Center for Responsive Politics. The Salt River Pima-Maricopa Indian Community has spent $385,000 so far.

Workers install gaming machines at the Desert Diamond Casino – West Valley in Glendale, Arizona. The facility is due to ope on December 20, 2015. Photo from Facebook

The Tohono O'odham Nation also has ramped up its lobbying effort, spending $1.97 million so far this year, according to the center.

Rep. Trent Franks (R-Arizona), the sponsor of H.R.308, isn't planning to bring up the bill through regular order, a spokesperson told Capitol Media Services. That process would only require a majority vote in the House but it's vulnerable to amendments and other maneuvers that supporters tried to avoid with yesterday's suspension of the rules.

However, members of Arizona's Congressional delegation are known for circumventing regular order when it comes to Indian issues. As the last session of Congress was winding down in December 2014, they inserted a rider into a must-pass defense bill that authorized a copper mine at Oak Flat, a sacred Apache site.

The same Arizona lawmakers who supported that rider -- Rep. Trent Franks (R-Arizona), Rep. Paul Gosar (R-Arizona) and Rep. Ann Kirkpatrick (D-Arizona), who is running for U.S. Senate -- voted in favor of H.R.308 yesterday.

The Senate version of the Keep the Promise Act is S.152. The bill's supporters include Sen. John McCain (R-Arizona) and Sen. Jeff Flake (R-Arizona), who also supported the mining rider.

Get the Story:
Bill to block controversial Arizona casino fails in House (The Hill 11/16)
Bill to block O'odham casino fails in House (Capitol Media Services 11/17)
Bid to block Glendale-area casino project fails in House (Your West Valley News 11/17)
U.S. House measure to halt casino near Glendale fails (The Arizona Republic 11/17)

Some Opinions:
EJ Montini: Arizona politicians wage war on Tohono O'odham (The Arizona Republic 11/17)
Stephen Hart: Tohono O’odham broke the trust of tribes, voters, and the state of Arizona (The Hill 11/16)
Dan Spencer: Senior Republican Aides Lie About Congressman Tom Price (Red State 11/12)