On the recordMay 15, 2019
Mr. Speaker, I yield myself the balance of my time. Let's go back to some more of the myths. The Mashpee Tribe will lose its Federal recognition and benefits if H.R. 312 does not pass. Once again, that is false. The Mashpee Tribe will not lose its Federal recognition and will continue to receive Federal benefits and funding even if H.R. 312 does not pass. Here is the next myth. It was the intent of Congress for all Tribes to have land and trust under the IRA of 1934 regardless of when the Tribes obtained Federal recognition. Fact: That is not what the Supreme Court said in Carcieri v. Salazar. The Supreme Court said that the Tribal aspect of the IRA of 1934 does not authorize the Secretary of the Interior to place land in trust for Tribes that were not under Federal jurisdiction on the date of enactment of IRA, or 1934. Fact: There is no evidence that Congress, in 1934, thought that off- reservation gaming would turn into the controversial mess it has become today. Myth: After a Federal judge struck down the Obama administration's second definition of Indian analysis, the Trump administration chose not to defend the decision. Fact: The Trump administration chose not to defend the decision because the judge said it was ``not even close,'' and the Obama administration had not used this analysis in any other Tribe's trust land case. It was used once only for the Mashpee.…





