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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4893 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 4893

  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

_______________________________________________________________________

                                 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. 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) The Governor and State legislature of the State in 
        which the gaming activities will be conducted concur.
            ``(D) The Indian tribes within 75 miles of the proposed 
        tribal trust land acquisition concur.
            ``(E) The regional Bureau office shall not recommend a 
        tribal application for trust land acquisition for the purposes 
        of gaming, in accordance with this section, until after the 
        county or parish government with authority over the land that 
        is contiguous to the lands applied to be taken into trust has 
        held an advisory referendum, paid for by the tribal applicant, 
        to determine whether the residents of that county or parish 
        support or oppose the Indian tribe's application to conduct 
        gaming regulated by this Act. Regardless of the result of the 
        referendum, for the purposes of the Indian tribe mitigating the 
        direct impact on the county or parish infrastructure, and to 
        include a direct payment to mitigate county or parish 
        infrastructure costs, the Indian tribe shall negotiate and sign 
        a memorandum of understanding with the county or parish 
        government. Such mitigation payments 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 
        advisory referendum, both parties shall submit to mandatory 
        binding arbitration to agree upon such a memorandum of 
        understanding.''; 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) Any lease agreement authorized by this section shall not be 
valid unless it is--
            ``(A) consistent with the Tribal-State compacting laws of 
        the State in which the gaming activities will be conducted;
            ``(B) approved by an Act of the State legislature; and
            ``(C) approved by the Governor of the State.
    ``(f) An Indian tribe shall not conduct gaming regulated by this 
Act on Indian lands outside of a State in which the Indian tribe has a 
reservation on the date of the enactment of this subsection, unless 
such Indian lands are contiguous to such a reservation of that Indian 
tribe in that State.''.

SEC. 2. STATUTORY CONSTRUCTION.

    The amendment made by paragraph (1) of section 1 shall be applied 
prospectively. Compacts or other agreements that govern gaming 
regulated by the Indian Gaming Regulatory Act of 1988 (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 1 of this Act.
                                 <all>
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