A bill before Congress sponsored by U.S. Rep. Jerry Carl (R-Mobile) related to the Poarch Band of Creek Indians (PCI) and its effort to establish parity with other federally-recognized tribes is the subject of an effort to raise baseless concern over the expansion of gambling in Alabama.

The Poarch Band of Creek Indians Land Act (HR 6180) is co-sponsored by U.S. Reps. Mike Rogers (R-Saks), Terri Sewell (D-Birmingham), Barry Moore (R-Enterprise) and Dale Strong (R-Monrovia). The one-page bill seeks to update the Indian Reorganization Act (IRA) of 1934 to ensure that PCI lands taken into trust are treated the same as those of other tribes in response to a 2009 ruling by the U.S. Supreme Court. 

“The sole purpose of my bill, HR 6180 – The Poarch Band of Creek Indians Land Act, is to update the Indian Reorganization Act to ensure Poarch Creek’s land taken into trust is treated the same under federal law as are sovereign lands of most other federally recognized Indian tribes,” U.S. Rep. Jerry Carl said. 

The 2009 Carcieri ruling foundationally changed the interpretation of the Indian Reorganization Act (IRA) of 1934 by determining that the federal government could only take lands into trust for tribes that were “under federal jurisdiction” at the time the IRA was enacted. 

For PCI, recognized in 1984 by the United States, the ruling challenged the status of their lands and those of other tribal nations and their exemption from state laws, including gambling restrictions. That legal uncertainty brought about legislative actions by tribes, like HR 6180, which simply affirms the IRA applies to their existing lands.

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In the wake of claims made by an anti-gambling legal scholar that the legislation would open the door to gambling expansion on all PCI lands in Alabama, U.S. Rep. Jerry Carl as well as the tribe itself, released information clarifying the basic intent of the legislation.

“I introduced my bill to ensure the Poarch Creek have a fair playing field so they can continue to do this work and further grow their impact,” Rep. Carl said.

“My bill has absolutely nothing to do with gaming, does not change a single law regarding gaming in Alabama, and does not change the federal oversight process for Indian Gaming. The federal government regulates Indian Gaming under the Indian Gaming Regulatory Act, National Indian Gaming Commission regulations, and an entire review process by the U.S. Department of the Interior.”

The stigma related to accusations of gambling expansion by tribes who utilize legislation to reestablish their trust status since the 2009 ruling is not new. 

“There is a misperception that the Department commonly accepts off-reservation land into trust for gaming purposes. However, the facts show that of the 1,300 trust acquisitions since 2008, fewer than 15 were for gaming purposes and even fewer were for off-reservation gaming purposes,” Kevin Washburn, Assistant Secretary for Indian Affairs, U.S. Department of Interior told Congress.

According to PCI, the Indian Reorganization Act authorizes the Department of the Interior to place tribal government-owned fee land into trust and nothing more. State and local governments are notified and have an opportunity to negotiate and work with the Tribe. 

The PCI legislation currently before Congress has the support of all local governments that have Tribal trust lands in their areas, including the Elmore County Commission, the Escambia County Commission, the Montgomery County Commission Chair, the Montgomery City Council Chair, the Mayor of Atmore, as well as the Alabama House and Senate members who represent PCI constituency. 

“Poarch Creek has invested into dozens of businesses all over Alabama and the world, including real estate, agriculture, education, health care, entertainment, and so much more,” Rep. Carl said. “This continued investment has created thousands of jobs and revitalized so many communities and families.”

A companion to the House bill (S3263) was also introduced by U.S. Senators Britt and Tuberville.

Grayson Everett is the state and political editor for Yellowhammer News. You can follow him on X @Grayson270