I 

108TH CONGRESS 

2D SESSION H. R. 4734 

To amend the Indian Gaming Regulatory Act to include a definition of 

initial reservation and consultation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2004 

Mr. JOHN introduced the following bill; which was referred to the Committee 

on Resources 

A BILL 

To amend the Indian Gaming Regulatory Act to include 

a definition of initial reservation and consultation, 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. DEFINITIONS OF INITIAL RESERVATION AND 

4 CONSULTATION. 

5 Section 4 of the Indian Gaming Regulatory Act (25 

6 U.S.C. 2703) is amended by adding at the end the fol7 lowing new paragraphs: 

8 ‘‘(11) The term ‘initial reservation’ means In9 dian lands within one or more of the following: 
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1 ‘‘(A) The geographical area designated by 

2 the Assistant Secretary where financial assist3 ance and social services programs are provided 

4 to that Indian tribe. Such a geographical area 

5 may include land on a reservation, near reserva6 tion, or any other geographical location. 

7 ‘‘(B) The geographical area designated by 

8 the Indian tribe during the Federal acknowl9 edgement process as the area in which more 

10 than 50 percent of the members of the Indian 

11 tribe reside in a group composed exclusively or 

12 almost exclusively of members of the Indian 

13 tribe. 

14 ‘‘(C) The geographical area in which it can 

15 be demonstrated that the Indian tribe has his16 torically resided. 

17 ‘‘(12) The term ‘consultation’ means, at a min18 imum, the following: 

19 ‘‘(A) A procedure whereby State, local, and 

20 tribal governments with jurisdiction over land 

21 within 50 miles of the land proposed to be 

22 taken into trust are provided actual notice of 

23 the proposed land acquisition and an oppor24 tunity to provide comments on that proposal. 

25 Such notice shall include information on the 
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1 proposed location of the gaming facility, the 

2 proposed scope of the gaming activity, the pro3 posed size of the facility, and other relevant in4 formation as determined by the Secretary. The 

5 notice shall solicit comments from the State, 

6 local, and tribal governments on the potential 

7 effects of the proposal and include notification 

8 that comments are to be received not later than 

9 60 days after the notice, with the possibility of 

10 a 60-day extension, upon request. Such com11 ments shall be addressed in writing to the Sec12 retary of the Interior or the appropriate depart13 mental official. 

14 ‘‘(B) After expiration of the comment pe15 riod and prior to the Secretary’s determination, 

16 the Secretary or the appropriate departmental 

17 official must notify the applicant Indian tribe 

18 and State, local, and tribal governments with 

19 jurisdiction over land within 50 miles of the 

20 land proposed to be taken into trust of the sta21 tus of the application and inform them that 

22 they may, within 30 days of receipt of the no23 tice, request that the Secretary or the appro24 priate departmental official hold a hearing for 

25 the purpose of discussing the merits of the ap-
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1 plication. The hearing record will be available to 

2 any participating party and become part of the 

3 record considered by the Secretary in reaching 

4 a final determination.’’. 

5 SEC. 2. CLARIFICATION REGARDING CONDITIONS RE6 QUIRED FOR EXCEPTION TO GAMING RE7 STRICTIONS ON CERTAIN LAND. 

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

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

10 (1) by striking ‘‘appropriate State and local of11 ficials, including officials of other nearby Indian 

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

13 government or Indian tribe with jurisdiction over 

14 land located within 50 miles of the land proposed to 

15 be taken into trust’’; and 

16 (2) by inserting ‘‘or would not have a negative 

17 economic impact on businesses, governments, or In18 dian tribes within a 50 mile radius of the land pro19 posed to be taken into trust’’ after ‘‘would not be 

20 detrimental to the surrounding community’’. 

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