I 

109TH CONGRESS 

1ST SESSION H. R. 2353 

To make technical corrections to the Indian Gaming Regulatory Act, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2005 

Mr. ROGERS of Michigan (for himself, Mr. EHLERS, Mr. HOEKSTRA, Mr. 

WOLF, Mr. BOUSTANY, Mrs. JOHNSON of Connecticut, Mr. DENT, Mr. 

HERGER, Mr. SHAYS, and Mr. PITTS) introduced the following bill; which 

was referred to the Committee on Resources 

A BILL 

To make technical corrections to the Indian Gaming 

Regulatory Act, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Common Sense Indian 

5 Gambling Reform Act’’. 

6 SEC. 2. BACKGROUND INVESTIGATIONS AND APPROVAL OF 

7 FINANCIAL INTERESTS. 

8 (a) BACKGROUND INVESTIGATIONS.— 
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1 (1) GAMING INVESTORS.—Section 7(b)(3) of 

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

3 2706(b)(3)) is amended to read as follows: 

4 ‘‘(3) shall conduct or cause to be conducted 

5 background investigations on the 10 persons or enti6 ties with the highest financial interest (such as 

7 loans, debt-based financing, financial backing for 

8 equipment or other startup or operation costs, and 

9 other financial interests as determined by the Com10 mission) in a gaming operation regulated by the 

11 Commission and such other background investiga12 tions as may be necessary;’’. 

13 (2) TRIBAL GAMING OFFICIALS.—Section 

14 11(b)(2)(F)(i) of the Indian Gaming Regulatory Act 

15 (25 U.S.C. 2710(b)(2)(F)(i)) is amended— 

16 (A) by striking ‘‘conducted on’’ the first 

17 place it appears and inserting ‘‘conducted by 

18 the Commission on tribal gaming commis19 sioners, key tribal gaming commission employ20 ees, and’’; and 

21 (B) by striking ‘‘such officials and their 

22 management’’ and inserting ‘‘such individuals’’. 

23 (b) APPROVAL OF FINANCIAL INTERESTS.—Section 

24 6 of the Indian Gaming Regulatory Act (25 U.S.C. 2705) 

25 is amended— 
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1 (1) in paragraph (3), by striking ‘‘; and’’ and 

2 inserting a semicolon; 

3 (2) in paragraph (4), by striking the period and 

4 inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(4) approve financial interests between the 10 

8 persons or entities with the highest financial interest 

9 (such as loans, debt-based financing, financial back10 ing for equipment or other startup or operation 

11 costs, and other financial interests as determined by 

12 the Commission) and a gaming operation regulated 

13 by the Commission.’’. 

14 (c) COMMISSION FUNDING.—Section 18(a)(2)(B) of 

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

16 2717(a)(2)(B)) is amended by striking ‘‘$8,000,000’’ and 

17 inserting ‘‘$16,000,000’’. 

18 SEC. 3. DECLARATION OF INTENT TO GAME ON TRUST 

19 LANDS. 

20 (a) CLASS II GAMING.—Section 11(b)(1) of the In21 dian Gaming Regulatory Act (25 U.S.C. 2710(b)(1)) is 

22 amended— 

23 (1) in subparagraph (A), by striking ‘‘and’’ at 

24 the end; 
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1 (2) in subparagraph (B), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(C)(i) conducted on lands taken into trust 

6 before the date of the enactment of this sub7 paragraph; or 

8 ‘‘(ii) conducted on lands taken into trust 

9 after the date of the enactment of this subpara10 graph only if the application requesting that the 

11 land be taken into trust stated that the Indian 

12 tribe intended to conduct gaming activities on 

13 such land.’’. 

14 (b) CLASS III GAMING.—Section 11(d)(1) of the In15 dian Gaming Regulatory Act (25 U.S.C. 2710(d)(1)) is 

16 amended— 

17 (1) in subparagraph (B), by striking ‘‘and’’ at 

18 the end; 

19 (2) in subparagraph (C), by striking the period 

20 and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following new sub22 paragraph: 

23 ‘‘(D)(i) conducted on lands taken into 

24 trust before the date of the enactment of this 

25 subparagraph; or 
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1 ‘‘(ii) conducted on lands taken into trust 

2 after the date of the enactment of this subpara3 graph only if the application requesting that the 

4 land be taken into trust stated that the Indian 

5 tribe intended to conduct gaming activities on 

6 such land.’’. 

7 SEC. 4. CLARIFICATION REGARDING CONDITIONS RE8 QUIRED FOR EXCEPTION TO GAMING RE9 STRICTIONS ON CERTAIN LAND. 

10 Section 20(b)(1)(A) of the Indian Gaming Regulatory 

11 Act (25 U.S.C. 2719(b)(1)(A)) is amended— 

12 (1) by striking ‘‘appropriate State and local of13 ficials, including officials of other nearby Indian 

14 tribes’’ and inserting ‘‘officials of any State or local 

15 government or Indian tribe with jurisdiction over 

16 land located within 50 miles of the land proposed to 

17 be taken into trust’’; and 

18 (2) by striking ‘‘and would not be detrimental 

19 to the surrounding community’’ and inserting ‘‘and, 

20 after conducting an economic impact study, deter21 mines that a gaming establishment on newly ac22 quired lands would not have a negative economic im23 pact on business, government, or Indian tribes with24 in a 50 mile radius of the land proposed to be taken 
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1 into trust or be otherwise detrimental to the commu2 nity with such 50 mile radius’’. 

3 SEC. 5. APPROVAL OF COMPACTS BY STATE. 

4 Section 11(d) of the Indian Gaming Regulatory Act 

5 (25 U.S.C. 2710(d)) is amended by adding at the end the 

6 following new paragraph: 

7 ‘‘(10) For the purposes of State approval under 

8 this subsection, the term ‘State’ shall mean the Gov9 ernor of the State and the legislative body of the 

10 State.’’. 

11 SEC. 6. RESTRICTION ON GAMING. 

12 (a) AMENDMENTS.—Section 20 of the Indian Gaming 

13 Regulatory Act (25 U.S.C. 2719) is amended— 

14 (1) by amending paragraph (1) of subsection 

15 (b) to read as follows: 

16 ‘‘(1)(A) Subsection (a) shall not apply to Indian 

17 land of an Indian tribe if each of the conditions in 

18 subparagraph (B) are satisfied and the Indian 

19 tribe— 

20 ‘‘(i) was newly recognized after October 

21 17, 1988 (including those newly recognized 

22 under the Federal Acknowledgement Process at 

23 the Bureau of Indian Affairs); 
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1 ‘‘(ii) was restored by legislation, court de2 cree, or any other process after having been ter3 minated by Federal law; or 

4 ‘‘(iii) on the date of the enactment of sub5 section (e), had no lands held in trust by the 

6 United States for the benefit of the Indian 

7 tribe, no reservation, and no lands held by the 

8 Indian tribe subject to restriction by the United 

9 States against alienation over which the Indian 

10 tribe exercised governmental power. 

11 ‘‘(B) The conditions referred to in subpara12 graph (A) are the following: 

13 ‘‘(i) The Secretary determines that the 

14 lands acquired in trust for the benefit of the In15 dian tribe for the purposes of gaming are lands 

16 within the State where the Indian tribe has its 

17 primary geographic, social, and historical nexus 

18 to the land. 

19 ‘‘(ii) The Secretary determines that the 

20 proposed gaming activity is in the best interest 

21 of the Indian tribe, its tribal members, and 

22 would not be detrimental to the surrounding 

23 community. 

24 ‘‘(iii) The State, city, county, town, parish, 

25 village, and other general purpose political sub-
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1 divisions of the State with authority over land 

2 that is concurrent or contiguous to the lands 

3 acquired in trust for the benefit of the Indian 

4 tribe for the purposes of gaming approve.’’; and 

5 (2) by adding at the end the following new sub6 section: 

7 ‘‘(e) Notwithstanding any other provision of this Act, 

8 an Indian tribe may conduct gaming regulated by this Act 

9 on only one contiguous parcel of Indian lands. Such Indian 

10 lands must be located where that Indian tribe has its pri11 mary geographic, social, and historical nexus and within 

12 the State or States where the Indian tribe is primarily 

13 located.’’. 

14 (b) STATUTORY CONSTRUCTION.—The amendments 

15 made by subsection (a) shall be applied prospectively. 

16 Compacts or other agreements that govern gaming regu17 lated by the Indian Gaming Regulatory Act that were in 

18 effect on the date of the enactment of this Act shall not 

19 be affected by the amendments made by subsection (a). 

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