On May 12, the U.S. House passed the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Act, which would allow two tribes to offer Class II gaming. It now goes to the Senate, where it faces an uncertain future.
Alabama-Coushatta tribe issued this statement after the passage: “This bill is critical to the future of our tribes and all of our neighbors in East Texas.” It added, “We are grateful to have cleared this first major hurdle and look forward to working with our senators to get this passed into law. Hundreds of families are counting on this bill for their livelihoods.” The tribe has been operating the Naskila Entertainment Center without a compact.
The two tribes are currently not covered by the Indian Gaming Regulatory Act of 1988 and can legally offer gaming only if the state agree. Only the Kickapoo Traditional Tribe of Texas is covered by Indian Gaming Regulatory Act (IGRA). It has offered bingo-based games since 1996. This is because the two tribes agreed to not offering gaming when they were recognized by the federal government in the Indian Tribes of Texas Restoration Act in 1987. When IGRA was passed a year later, they were left out, apparently by an oversight.
Gaming is largely illegal in the Lone Star State. The Texas state government has opposed the two tribes being part of IGRA. Texas’s U.S. Senator John Cornyn opposes the bill, backing Texas Governor Greg Abbott and other top state officials.
The tribes have gone to federal court over the years and lost consistently. Many see the bill as their only chance to offer gaming.
Although Senator Cornyn opposes the bill, several members of the congressional delegation support it. A similar bill authored by Rep. Brian Babin, an East Texas congressman, was supported by a dozen members of the state’s delegation.
That bill hit a stall when Cornyn wrote the Senate’s Committee on Indian Affair: “Under Texas law, most forms of gambling are prohibited, including on Ysleta del Sur Pueblo and Alabama-Coushatta tribal lands. This matter is currently the subject of litigation in federal court.”
One of the original sponsors of IGRA, Rep. Don Young of Alaska, now supports the bill that would make the two tribes part of that bill. During the House debate before the vote he told the author of the bill: “This legislation rectifies that problem. I congratulate you on this, and I’m just happy to be a sponsor of the legislation, work with you to try to get this done and this will be justice served to all.”
