`[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`