Rep' McReynolds

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Rep. McReynolds
Rep. Otto
Rep. Christian
Rep. Kolkhorst
Rep. Hamilton
Rep. Eisler
Rep. Creighton

• In 2002 the Alabama-Coushatta tribe of East
  Texas won a claim in U.S. Court of Federal Claims
  that recommended Congress award the tribe 270.6
  million. The award has never been fulfilled it
  is based on the revenue the state of Texas
  gained from oil and natural gas production,
  timber harvesting, trespass and the use of
• other natural resources.
• Most significantly the court also ruled that
  the tribe still holds aboriginal title to 5.5
  million acres in East Texas.
• This means that the tribe could potentially
  sue the state for compensation for the use of the
  lands to which they still hold the title.
• Aborginal Land Claims are explicitly allowed
  for Indian gambling by the Dept . Of Interior.
• As noted on the back page, tribes in other
  states have used similar suits to gain casino
  licenses in exchange for the relinquishment of
  their title claims. While the Alabama-Coushatta
  have not said what they would expect to receive
  from a relinquishment of title, they have had a
  casino in the past and are fighting hard
• to reopen it.

Texas Aborignal Land Claim
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Expansion of Indian Casinos Aboriginal Land
Claims   Aboriginal Land claim suits are common-
In many other states, including Connecticut, New
York, Wisconsin, Minnesota, Michigan, California,
Alabama and elsewhere, tribes have won large land
claim suits which attempt to redress the immoral
and illegal taking of their lands by Anglo
settlers. Often the damages to be awarded the
tribes would be nearly impossible to enforce
since it would involve the taking of land owned
by thousands of citizens. In many situations the
land includes major cities or towns, hospitals
and universities.   Suits are Settled with
Casinos- Instead of enforcing these judgments the
states often settle the suits for millions of
dollars, smaller land allocations and the state
grants the tribes the right to build casinos. It
should be disturbing, but perhaps not surprising
then that casino builders and owners are often
the ones that pay the tribes legal fees to
enable them to bring such land claim suits. Once
land becomes part of a reservation, it typically
becomes exempt from local taxes, state labor
laws, municipal ordinances, zoning restrictions
and environmental review. In 2004, the
Cheyenne-Arapahoe Tribes of Oklahoma filed a 27
million acre land claim which included all of
Denver and Colorado Springs, but offered to drop
it in exchange for the approval of a Las
Vegas-style casino near Denver Airport. In
2005, the Mohawk Tribes of New York agreed to end
all pending land claim lawsuits, in exchange for
100 million dollars, and 14,000 acres. Also in
New York, Gov. Pataki asked lawmakers to approve
a five casino package meant to settle billions of
dollars in land claim lawsuits involving both New
York and Oklahoma tribes. In 2005, Menominees
Tribe of Wisconsin sought to leverage a 810
million project with access to Chicago and
Milwaukee utilizing a tribal land
claim. Inspector General Earl Devaney of the
Department of Interior testified, Our recent
evaluationfound 10 instances where tribes have
converted the use of land taken into trust after
1998 from non-gaming purposes to gaming purposes,
without the approval of the Bureau of Indian
Affairs or the National Indian Gaming
Commission. US Congressional hearing April 2005,
Senate Indian Affairs Committee.   In the United
States, there are now 408 Indian casinos that
reportedly generate 22.6 billion per year. Most
tribal casinos were built on existing
reservations, but approximately 36 were open in
places that werent Indian land in 1998 when
federal legislation allowed Indian tribes the
opportunity to gamble.   Tribal casino without
benefit of state legislative action December
2003 the Bureau of Indian Affairs granted a land
claim for a casino to a tribe in Louisiana
without any legislative authorization or
approval. (NCALG)