IB 

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 offreservation 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Restricting Indian Gam3 ing to Homelands of Tribes Act of 2006’’. 

4 SEC. 2. RESTRICTION ON OFF-RESERVATION GAMING. 

5 Section 20 of the Indian Gaming Regulatory Act (25 

6 U.S.C. 2719) is amended— 

7 (1) by amending subsection (b)(1) to read as fol8 lows: 

9 ‘‘(b)(1) Subsection (a) will not apply when lands are 

10 taken in trust for the benefit of an Indian tribe that is 

11 newly recognized, restored, or landless after the date of the 

12 enactment of subsection (f), including those newly recog13 nized under the Federal Acknowledgment Process at the Bu14 reau of Indian Affairs, and the following criteria are met: 

15 ‘‘(A) The Secretary determines that such lands 

16 are within the State of such tribe and are within the 

17 primary geographic, social, historical, and temporal 

18 nexus of the Indian tribe. 

19 ‘‘(B) The Secretary determines that the proposed 

20 gaming activity would not be detrimental to the sur21 rounding community and nearby Indian tribes. 

22 ‘‘(C) Concurrence by the Governor in conform23 ance with laws of that State. 

24 ‘‘(D) Mitigation by the Indian tribe in accord25 ance with this subparagraph. For the purposes of the 

26 Indian tribe mitigating the direct impact on the 


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1 county or parish infrastructure and services, the In2 dian tribe shall negotiate and sign, to the extent prac3 ticable during the compact negotiations described in 

4 section 11(d)(3), a memorandum of understanding 

5 with the county or parish government. Such mitiga6 tion requirements shall be limited to the direct effects 

7 of the tribal gaming activities on the affected county 

8 or parish infrastructure and services. If a memo9 randum of understanding is not signed within one 

10 year after the Indian tribe or county or parish has 

11 notified the other party and the Secretary, by cer12 tified mail, a request to initiate negotiations, then the 

13 Secretary shall appoint an arbitrator who shall estab14 lish mitigation requirements of the Indian tribe.’’; 

15 and 

16 (2) by adding at the end the following new sub17 sections: 

18 ‘‘(e)(1) In order to consolidate class II gaming and 

19 class III gaming development, an Indian tribe may host 

20 one or more other Indian tribes to participate in or benefit 

21 from gaming conducted under this Act and in conformance 

22 with a Tribal-State compact entered into by each invited 

23 Indian tribe and the State under this Act upon any portion 

24 of Indian land that was, as of October 17, 1988, located 

25 within the boundaries of the reservation of the host Indian 


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1 tribe, so long as each invited Indian tribe has no ownership 

2 interest in any other gaming facility on any other Indian 

3 lands and has its primary geographic, social, historical, 

4 and temporal nexus to land in the State in which the In5 dian land of the host Indian tribe is located. 

6 ‘‘(2) An Indian tribe invited to conduct class II gam7 ing or class III gaming under paragraph (1) may do so 

8 under authority of a lease with the host Indian tribe. Such 

9 a lease shall be lawful without the review or approval of 

10 the Secretary and shall be deemed by the Secretary to be 

11 sufficient evidence of the existence of Indian land of the in12 vited Indian tribe for purposes of Secretarial approval of 

13 a Tribal-State compact under this Act. 

14 ‘‘(3) Notwithstanding any other provision of law, the 

15 Indian tribes identified in paragraph (1) may establish the 

16 terms and conditions of their lease and other agreements 

17 between them in their sole discretion, except that in no case 

18 may the total payments to the host Indian tribe under the 

19 lease and other agreements exceed 40 percent of the net reve20 nues (defined for such purposes as the revenue available to 

21 the 2 Indian tribes after deduction of costs of operating and 

22 financing the gaming facility developed on the leased land 

23 and of fees due to be paid under the Tribal-State compact) 

24 of the gaming activity conducted by the invited Indian 

25 tribe. 


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1 ‘‘(4) An invited Indian tribe under this subsection 

2 shall be deemed by the Secretary and the Commission to 

3 have the sole proprietary interest and responsibility for the 

4 conduct of any gaming on lands leased from a host Indian 

5 tribe. 

6 ‘‘(5) Conduct of gaming by an invited Indian tribe 

7 on lands leased from a host Indian tribe under this sub8 section shall be deemed by the Secretary and the Commis9 sion to be conducted under the Act upon Indian lands— 

10 ‘‘(A) of the invited Indian tribe; 

11 ‘‘(B) within the jurisdiction of the invited In12 dian tribe; and 

13 ‘‘(C) over which the invited Indian tribe has and 

14 exercises governmental power. 

15 ‘‘(6) Notwithstanding the foregoing, the gaming ar16 rangement authorized by this subsection shall not be con17 ducted on any Indian lands within the State of Arizona. 

18 ‘‘(7) Any gaming authorized by this subsection shall 

19 not be conducted unless it is— 

20 ‘‘(A) consistent with the Tribal-State compacting 

21 laws of the State in which the gaming activities will 

22 be conducted; 

23 ‘‘(B) specifically identified as expressly author24 ized in a tribal-State compact of the invited Indian 


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1 tribe approved by an Act of the legislature of the 

2 State in which the gaming will be conducted; and 

3 ‘‘(C) specifically identified as expressly author4 ized in a tribal-State compact of the invited Indian 

5 tribe approved by the Governor of the State in which 

6 the gaming will be conducted. 

7 ‘‘(8) Host tribe compacts shall not be affected by the 

8 amendments made by this subsection. 

9 ‘‘(f) An Indian tribe shall not conduct gaming regu10 lated by this Act on Indian lands outside of the State in 

11 which the Indian tribe is primarily residing and exercising 

12 tribal government authority on the date of the enactment 

13 of this subsection, unless such Indian lands are contiguous 

14 to the lands in the State where the tribe is primarily resid15 ing and exercising tribal government authority.’’. 

16 SEC. 3. STATUTORY CONSTRUCTION. 

17 (a) IN GENERAL.—The amendment made by para18 graph (1) of section 2 shall be applied prospectively. Com19 pacts or other agreements that govern gaming regulated by 

20 the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 

21 on Indian lands that were in effect on the date of the enact22 ment of this Act shall not be affected by the amendments 

23 made by paragraph (1) of section 2. 

24 (b) EXCEPTION.—The amendments made by section 2 

25 shall not apply to any lands for which an Indian tribe, 


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1 prior to March 7, 2006, has submitted to the Secretary or 

2 Chairman a fee-to-trust application or written request re3 quiring an eligibility determination pursuant to section 

4 20(b)(1)(A) or clause (ii) or (iii) of section 20(b)(1)(B) of 

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

6 2719(b)(1)(A), 2719(b)(1)(B)(ii), and 2719(b)(1)(B)(iii), 

7 respectively); provided that such lands are located within— 

8 (1) the State where the Indian tribe primarily 

9 resides; and 

10 (2) an area where the Indian Tribe has a pri11 mary geographical, historical, and temporal nexus. 

12 (c) FURTHER EXCEPTION.—The amendments made by 

13 section 2 shall not affect the right of any Indian Tribe to 

14 conduct gaming on Indian lands that are eligible for gam15 ing pursuant to section 20 of the Indian Gaming Regu16 latory Act (25 U.S.C. 2719), as determined by the National 

17 Indian Gaming Commission, Secretary of the Interior or 

18 a Federal court prior to the date of the enactment of this 

19 Act. 

20 SEC. 4. REGULATIONS REQUIRED. 

21 Not later than 180 days after the date of the enactment 

22 of this Act, the Secretary of the Interior shall promulgate 

23 regulations to implement section 20 of the Indian Gaming 

24 Regulatory Act (25 U.S.C. 2719). The regulations shall re25 quire tribal applicants for any of the exceptions listed in 


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1 section 20 of the Indian Gaming Regulatory Act to have 

2 an aboriginal or analogous historic connection to the lands 

3 upon which gaming activities are conducted under the In4 dian Gaming Regulatory Act. 


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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 Comand ordered to be printed mittee of the Whole House on the State of the Union, 


PWALKER on PRODPC60 with BILLS