II 

113TH CONGRESS 

1ST SESSION S. 477 

To amend the Indian Gaming Regulatory Act to modify a provision relating 

to gaming on land acquired after October 17, 1988. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2013 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

A BILL 

To amend the Indian Gaming Regulatory Act to modify 

a provision relating to gaming on land acquired after 

October 17, 1988. 

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 ‘‘Tribal Gaming Eligi5 bility Act’’. 

6 SEC. 2. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 

7 1988. 

8 Section 20 of the Indian Gaming Regulatory Act (25 

9 U.S.C. 2719) is amended— 

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1 (1) by striking the section designation and 

2 heading and all that follows through ‘‘(a) Except’’ 

3 and inserting the following: 

4 ‘‘SEC. 20. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 

5 1988. 

6 ‘‘(a) IN GENERAL.—Except’’; and 

7 (2) in subsection (b)— 

8 (A) in paragraph (1)(B), in the matter 

9 preceding clause (i), by striking ‘‘lands are 

10 taken’’ and inserting ‘‘subject to paragraph (2), 

11 land is taken’’; 

12 (B) by redesignating paragraphs (2) and 

13 (3) as paragraphs (3) and (4), respectively; 

14 (C) by inserting after paragraph (1) the 

15 following: 

16 ‘‘(2) APPLICABILITY TO CERTAIN LAND.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (D), effective beginning on the 

19 date of enactment of the Tribal Gaming Eligi20 bility Act, in addition to any other requirements 

21 under applicable Federal law, gaming conducted 

22 pursuant to an exception under paragraph 

23 (1)(B) shall not be conducted on land taken 

24 into trust after October 17, 1988, by the 

25 United States for the benefit of an Indian tribe 

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1 unless the Secretary determines, on the date 

2 the land is taken into trust, that the Indian 

3 tribe— 

4 ‘‘(i) has received a written determina5 tion by the Secretary that the land is eligi6 ble to be used for gaming under this sec7 tion; and 

8 ‘‘(ii) demonstrates— 

9 ‘‘(I) in accordance with subpara10 graph (B), a substantial, direct, mod11 ern connection to the land taken into 

12 trust, as of October 17, 1988; and 

13 ‘‘(II) in accordance with subpara14 graph (C), a substantial, direct, ab15 original connection to the land taken 

16 into trust. 

17 ‘‘(B) SUBSTANTIAL, DIRECT, MODERN

18 CONNECTION.—In making a determination 

19 under subparagraph (A)(ii)(I) that an Indian 

20 tribe demonstrates a substantial, direct, modern 

21 connection to land taken into trust as of Octo22 ber 17, 1988, the Secretary shall certify that— 

23 ‘‘(i) if the Indian tribe has a reserva24 tion— 

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1 ‘‘(I) the land is located within a 

2 25-mile radius of the tribal head3 quarters or other tribal governmental 

4 facilities of the Indian tribe on the 

5 reservation; 

6 ‘‘(II) the Indian tribe has dem7 onstrated a temporal connection to, or 

8 routine presence on, the land during 

9 the period beginning on October 17, 

10 1988, and ending on the date of the 

11 certification; and 

12 ‘‘(III) the Indian tribe has not 

13 been recognized or restored to Federal 

14 recognition status during the 5-year 

15 period preceding the date of the cer16 tification; or 

17 ‘‘(ii) if the Indian tribe does not have 

18 a reservation— 

19 ‘‘(I) the land is located within a 

20 25-mile radius of an area in which a 

21 significant number of members of the 

22 Indian tribe reside; 

23 ‘‘(II) the Indian tribe has dem24 onstrated a temporal connection to, or 

25 routine presence on, the land during 

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1 the period beginning on October 17, 

2 1988, and ending on the date of the 

3 certification; and 

4 ‘‘(III)(aa) the land was included 

5 in the first-submitted request of the 

6 Indian tribe for newly acquired land 

7 since the date on which the Indian 

8 tribe was recognized or restored to 

9 Federal recognition; or 

10 ‘‘(bb)(AA) the application to take 

11 the land into trust was received by the 

12 Secretary during the 5-year period be13 ginning on the date on which the In14 dian tribe was recognized or restored 

15 to Federal recognition; and 

16 ‘‘(BB) the Indian tribe is not 

17 conducting any gaming activity on 

18 any other land. 

19 ‘‘(C) SUBSTANTIAL, DIRECT, ABORIGINAL

20 CONNECTION.—In making a determination 

21 under subparagraph (A)(ii)(II) that an Indian 

22 tribe demonstrates a substantial, direct, aborigi23 nal connection to land, the Secretary shall take 

24 into consideration some or all of the following 

25 factors: 

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1 ‘‘(i) The historical presence of the In2 dian tribe on the land, including any land 

3 to which the Indian tribe was relocated 

4 pursuant to the forcible removal of tribal 

5 members from land as a result of acts of 

6 violence, an Act of Congress, a Federal or 

7 State administrative action, or a judicial 

8 order. 

9 ‘‘(ii) Whether the membership of the 

10 Indian tribe can demonstrate lineal de11 scendent or cultural affiliation, in accord12 ance with section 10.14 of title 43, Code of 

13 Federal Regulations (or a successor regula14 tion). 

15 ‘‘(iii) The area in which the unique 

16 language of the Indian tribe has been used. 

17 ‘‘(iv) The proximity of the land to cul18 turally significant sites of the Indian tribe. 

19 ‘‘(v) The forcible removal of tribal 

20 members from land as a result of acts of 

21 violence, an Act of Congress, a Federal or 

22 State administrative action, or a judicial 

23 order. 

24 ‘‘(vi) Other factors that demonstrate a 

25 temporal presence of the Indian tribe on 

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1 the land prior to the first interactions of 

2 the Indian tribe with nonnative individuals, 

3 the Federal Government, or any other sov4 ereign entity. 

5 ‘‘(D) EXCEPTIONS.— 

6 ‘‘(i) IN GENERAL.—Subparagraphs 

7 (A) through (C) shall not apply— 

8 ‘‘(I) to any land on which gaming 

9 regulated by this Act will not take 

10 place; 

11 ‘‘(II) to any land located within, 

12 or contiguous to, the boundaries of 

13 the reservation of an Indian tribe, as 

14 of October 17, 1988; 

15 ‘‘(III) if— 

16 ‘‘(aa) the relevant Indian 

17 tribe did not have a reservation 

18 on October 17, 1988; and 

19 ‘‘(bb) the land is located— 

20 ‘‘(AA) in the State of 

21 Oklahoma and within the 

22 boundaries of the former 

23 reservation of the Indian 

24 tribe, as defined by the Sec25 retary, or contiguous to 

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1 other land held in trust or 

2 restricted status by the 

3 United States for the Indian 

4 tribe in the State of Okla5 homa; or 

6 ‘‘(BB) in a State other 

7 than Oklahoma and within 

8 the last recognized reserva9 tion of the Indian tribe in 

10 any State in which the In11 dian tribe is presently lo12 cated; or 

13 ‘‘(IV) if the relevant Indian tribe 

14 has— 

15 ‘‘(aa) taken land into trust 

16 during the period beginning on 

17 October 17, 1988, and ending on 

18 the date of enactment of the 

19 Tribal Gaming Eligibility Act; 

20 and 

21 ‘‘(bb) has received a written 

22 determination by the Secretary 

23 that the land is eligible to be 

24 used for gaming under this sec25 tion. 

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1 ‘‘(ii) CERTAIN DECISIONS.— 

2 ‘‘(I) IN GENERAL.—Subject to 

3 subclause (II), subparagraphs (A) 

4 through (C) shall not apply to a final 

5 agency decision issued before the date 

6 of enactment of the Tribal Gaming 

7 Eligibility Act. 

8 ‘‘(II) PENDING APPLICATIONS.— 

9 Subparagraphs (A) through (C) shall 

10 apply to an application that is pend11 ing, but for which a final agency deci12 sion has not been made, as of the date 

13 of enactment of the Tribal Gaming 

14 Eligibility Act. 

15 ‘‘(E) ADMINISTRATION.—An action under 

16 this paragraph shall be considered a final ad17 ministrative action for purposes of subchapter 

18 II of chapter 5, and chapter 7, of title 5, 

19 United States Code (commonly known as the 

20 ‘Administrative Procedure Act’).’’; and 

21 (D) in paragraph (4) (as redesignated by 

22 subparagraph (B)), by striking ‘‘paragraph 

23 (2)(B)’’ and inserting ‘‘paragraph (3)(B),’’. 

Æ 

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