[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4893 Reported in House (RH)]
Union Calendar No. 386
109th CONGRESS
2d Session
H. R. 4893
[Report No. 109-650]
To amend section 20 of the Indian Gaming Regulatory Act to restrict
off-reservation gaming.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2006
Mr. Pombo introduced the following bill; which was referred to the
Committee on Resources
September 13, 2006
Additional sponsors: Mr. Aderholt, Mr. Bachus, Mrs. Bono, Mr. Wicker,
and Mr. Issa
September 13, 2006
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
7, 2006]
_______________________________________________________________________
A BILL
To amend section 20 of the Indian Gaming Regulatory Act to restrict
off-reservation gaming.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restricting Indian Gaming to
Homelands of Tribes Act of 2006''.
SEC. 2. RESTRICTION ON OFF-RESERVATION GAMING.
Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is
amended--
(1) by amending subsection (b)(1) to read as follows:
``(b)(1) Subsection (a) will not apply when lands are taken in
trust for the benefit of an Indian tribe that is newly recognized,
restored, or landless after the date of the enactment of subsection
(f), including those newly recognized under the Federal Acknowledgment
Process at the Bureau of Indian Affairs, and the following criteria are
met:
``(A) The Secretary determines that such lands are within
the State of such tribe and are within the primary geographic,
social, historical, and temporal nexus of the Indian tribe.
``(B) The Secretary determines that the proposed gaming
activity would not be detrimental to the surrounding community
and nearby Indian tribes.
``(C) Concurrence by the Governor in conformance with laws
of that State.
``(D) Mitigation by the Indian tribe in accordance with
this subparagraph. For the purposes of the Indian tribe
mitigating the direct impact on the county or parish
infrastructure and services, the Indian tribe shall negotiate
and sign, to the extent practicable during the compact
negotiations described in section 11(d)(3), a memorandum of
understanding with the county or parish government. Such
mitigation requirements shall be limited to the direct effects
of the tribal gaming activities on the affected county or
parish infrastructure and services. If a memorandum of
understanding is not signed within one year after the Indian
tribe or county or parish has notified the other party and the
Secretary, by certified mail, a request to initiate
negotiations, then the Secretary shall appoint an arbitrator
who shall establish mitigation requirements of the Indian
tribe.''; and
(2) by adding at the end the following new subsections:
``(e)(1) In order to consolidate class II gaming and class III
gaming development, an Indian tribe may host one or more other Indian
tribes to participate in or benefit from gaming conducted under this
Act and in conformance with a Tribal-State compact entered into by each
invited Indian tribe and the State under this Act upon any portion of
Indian land that was, as of October 17, 1988, located within the
boundaries of the reservation of the host Indian tribe, so long as each
invited Indian tribe has no ownership interest in any other gaming
facility on any other Indian lands and has its primary geographic,
social, historical, and temporal nexus to land in the State in which
the Indian land of the host Indian tribe is located.
``(2) An Indian tribe invited to conduct class II gaming or class
III gaming under paragraph (1) may do so under authority of a lease
with the host Indian tribe. Such a lease shall be lawful without the
review or approval of the Secretary and shall be deemed by the
Secretary to be sufficient evidence of the existence of Indian land of
the invited Indian tribe for purposes of Secretarial approval of a
Tribal-State compact under this Act.
``(3) Notwithstanding any other provision of law, the Indian tribes
identified in paragraph (1) may establish the terms and conditions of
their lease and other agreements between them in their sole discretion,
except that in no case may the total payments to the host Indian tribe
under the lease and other agreements exceed 40 percent of the net
revenues (defined for such purposes as the revenue available to the 2
Indian tribes after deduction of costs of operating and financing the
gaming facility developed on the leased land and of fees due to be paid
under the Tribal-State compact) of the gaming activity conducted by the
invited Indian tribe.
``(4) An invited Indian tribe under this subsection shall be deemed
by the Secretary and the Commission to have the sole proprietary
interest and responsibility for the conduct of any gaming on lands
leased from a host Indian tribe.
``(5) Conduct of gaming by an invited Indian tribe on lands leased
from a host Indian tribe under this subsection shall be deemed by the
Secretary and the Commission to be conducted under the Act upon Indian
lands--
``(A) of the invited Indian tribe;
``(B) within the jurisdiction of the invited Indian tribe;
and
``(C) over which the invited Indian tribe has and exercises
governmental power.
``(6) Notwithstanding the foregoing, the gaming arrangement
authorized by this subsection shall not be conducted on any Indian
lands within the State of Arizona.
``(7) Any gaming authorized by this subsection shall not be
conducted unless it is--
``(A) consistent with the Tribal-State compacting laws of
the State in which the gaming activities will be conducted;
``(B) specifically identified as expressly authorized in a
tribal-State compact of the invited Indian tribe approved by an
Act of the legislature of the State in which the gaming will be
conducted; and
``(C) specifically identified as expressly authorized in a
tribal-State compact of the invited Indian tribe approved by
the Governor of the State in which the gaming will be
conducted.
``(8) Host tribe compacts shall not be affected by the amendments
made by this subsection.
``(f) An Indian tribe shall not conduct gaming regulated by this
Act on Indian lands outside of the State in which the Indian tribe is
primarily residing and exercising tribal government authority on the
date of the enactment of this subsection, unless such Indian lands are
contiguous to the lands in the State where the tribe is primarily
residing and exercising tribal government authority.''.
SEC. 3. STATUTORY CONSTRUCTION.
(a) In General.--The amendment made by paragraph (1) of section 2
shall be applied prospectively. Compacts or other agreements that
govern gaming regulated by the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.) on Indian lands that were in effect on the date of the
enactment of this Act shall not be affected by the amendments made by
paragraph (1) of section 2.
(b) Exception.--The amendments made by section 2 shall not apply to
any lands for which an Indian tribe, prior to March 7, 2006, has
submitted to the Secretary or Chairman a fee-to-trust application or
written request requiring an eligibility determination pursuant to
section 20(b)(1)(A) or clause (ii) or (iii) of section 20(b)(1)(B) of
the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(A),
2719(b)(1)(B)(ii), and 2719(b)(1)(B)(iii), respectively); provided that
such lands are located within--
(1) the State where the Indian tribe primarily resides; and
(2) an area where the Indian Tribe has a primary
geographical, historical, and temporal nexus.
(c) Further Exception.--The amendments made by section 2 shall not
affect the right of any Indian Tribe to conduct gaming on Indian lands
that are eligible for gaming pursuant to section 20 of the Indian
Gaming Regulatory Act (25 U.S.C. 2719), as determined by the National
Indian Gaming Commission, Secretary of the Interior or a Federal court
prior to the date of the enactment of this Act.
SEC. 4. REGULATIONS REQUIRED.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Interior shall promulgate regulations to
implement section 20 of the Indian Gaming Regulatory Act (25 U.S.C.
2719). The regulations shall require tribal applicants for any of the
exceptions listed in section 20 of the Indian Gaming Regulatory Act to
have an aboriginal or analogous historic connection to the lands upon
which gaming activities are conducted under the Indian Gaming
Regulatory Act.
Union Calendar No. 386
109th CONGRESS
2d Session
H. R. 4893
[Report No. 109-650]
_______________________________________________________________________
A BILL
To amend section 20 of the Indian Gaming Regulatory Act to restrict
off-reservation gaming.
_______________________________________________________________________
September 13, 2006
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed