I

106TH CONGRESS

2D SESSION H. R. 5494

To ensure that certain property which was taken into trust by the United

States for the benefit of the Poarch Band of Creek Indians of Alabama

to protect such land from development shall not be used for gaming.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 18, 2000

Mr. RILEY (for himself and Mr. EVERETT) introduced the following bill; which

was referred to the Committee on Resources

A BILL

To ensure that certain property which was taken into trust

by the United States for the benefit of the Poarch Band

of Creek Indians of Alabama to protect such land from

development shall not be used for gaming.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. GAMING PROHIBITED.

4 (a) FINDINGS.—Congress finds the following:

5 (1) Hickory Ground is of major historical sig6 nificance to the Muscogee (Creek) Nation.
2

•HR 5494 IH

1 (2) Hickory Ground was conveyed to the

2 Poarch Band of Creek Indians specifically to prevent

3 desecration of the property.

4 (3) The original application by the Poarch

5 Band of Creek Indians for funds to acquire Hickory

6 Ground clearly states that ‘‘Acquisition will prevent

7 development on the property.’’.

8 (4) The Poarch Band of Creek Indians agreed

9 to the covenant placed upon the title of Hickory

10 Ground which specifically prohibits all development

11 of the property which would threaten or damage the

12 site as an archeological resource.

13 (5) The development of a gaming operation will

14 adversely affect the Hickory Ground archeological

15 site.

16 (b) PROHIBITION.—Class II and class III gaming

17 shall not be allowed on Hickory Ground.

18 (c) ENFORCEMENT.—

19 (1) INVESTIGATION.—Not later than 14 days

20 after receiving a written notice from the Governor of

21 Alabama that class II gaming or class III gaming is

22 being conducted on Hickory Ground, the Attorney

23 General shall conduct an investigation to determine

24 whether or not such gaming is being conducted on

25 such land. The Attorney General shall complete the
3

•HR 5494 IH

1 investigation required under this paragraph not

2 more than 45 days after receiving notice under the

3 previous sentence.

4 (2) ACTION.—If the Attorney General deter5 mines that class II gaming or class III gaming is

6 being conducted on Hickory Ground, the Attorney

7 general shall—

8 (A) immediately file in Federal court for

9 injunctive relief to enforce subsection (b); and

10 (B) take any other action against persons

11 involved in class II gaming or class III gaming

12 available under Federal law, including the Gam13 bling Devices Transportation Act (commonly

14 known as the Johnson Act; 15 U.S.C. 1175)

15 and the Organized Crime Control Act (18

16 U.S.C. 1955).

17 (d) DEFINITIONS.—For the purposes of this section,

18 the following definitions apply:

19 (1) CLASS II GAMING; CLASS III GAMING.—The

20 terms ‘‘class II gaming’’ and ‘‘class III gaming’’

21 have the meanings given those terms in section 4 of

22 the Indian Gaming Regulatory Act (25 U.S.C.

23 2703).

24 (2) HICKORY GROUND.—The term ‘‘Hickory

25 Ground’’ means that land located within the exterior
4

•HR 5494 IH

1 boundaries of Elmore County, Alabama, that is held

2 in trust by the United States as of the date of the

3 enactment of this section for benefit of the Poarch

4 Band of Creek Indians of Alabama (also known as

5 the Poarch Band of Creeks).

Æ