I 

112TH CONGRESS 

1ST SESSION H. R. 2938 

To prohibit certain gaming activities on certain Indian lands in Arizona. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2011 

Mr. FRANKS of Arizona (for himself, Mr. FLAKE, Mr. GOSAR, Mr. QUAYLE, 

and Mr. SCHWEIKERT) introduced the following bill; which was referred 

to the Committee on Natural Resources 

A BILL 

To prohibit certain gaming activities on certain Indian lands 

in Arizona. 

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 ‘‘Gila Bend Indian Res5 ervation Lands Replacement Clarification Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In 1986, Congress passed the Gila Bend In9 dian Reservation Lands Replacement Act, Public 

10 Law 99–503, 100 Stat. 1798, to authorize the 


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1 Tohono O’odham Nation to purchase up to 9,880 

2 acres of replacement lands in exchange for granting 

3 all right, title and interest to the Gila Bend Indian 

4 Reservation to the United States. 

5 (2) The intent of the Gila Bend Indian Res6 ervation Lands Replacement Act was to replace pri7 marily agriculture land that the Tohono O’odham 

8 Nation was no longer able to use due to flooding by 

9 Federal dam projects. 

10 (3) In 1988, Congress passed the Indian Gam11 ing Regulatory Act, which restricted the ability of 

12 Indian tribes to conduct gaming activities on lands 

13 acquired after the date of enactment of the Act. 

14 (4) Since 1986, the Tohono O’odham Nation 

15 has purchased more than 16,000 acres of land. The 

16 Tohono O’odham Nation does not currently game on 

17 any lands acquired pursuant to the Gila Bend In18 dian Reservation Lands Replacement Act. 

19 (5) Beginning in 2003, the Tohono O’odham 

20 Nation began taking steps to purchase approxi21 mately 134.88 acres of land near 91st and Northern 

22 Avenue in Maricopa County, within the City of Glen23 dale (160 miles from the Indian tribe’s headquarters 

24 in Sells). The Tohono O’odham Nation is now trying 

25 to have these lands taken into trust status by the 


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1 Secretary of the Interior pursuant to the Gila Bend 

2 Indian Reservation Lands Replacement Act of 1986 

3 (‘‘Gila Bend Act’’), and has asked the Secretary to 

4 declare these lands eligible for gaming, thereby al5 lowing the Indian tribe to conduct Las Vegas style 

6 gaming on the lands. The Secretary has issued an 

7 opinion stating that he has the authority to take ap8 proximately 53.54 acres of these lands into trust 

9 status, and plans to do so when legally able to do 

10 so. 

11 (6) The State of Arizona, City of Glendale, and 

12 at least 12 Indian tribes in Arizona oppose the 

13 Tohono O’odham Nation gaming on these lands. No 

14 Indian tribe supports the Tohono O’odham Nation’s 

15 efforts to conduct gaming on these lands. 

16 (7) The Tohono O’odham Nation’s proposed ca17 sino violates existing Tribal-State gaming compacts 

18 and State law, Proposition 202, agreed to by all Ari19 zona Indian tribes, which effectively limits the num20 ber of tribal gaming facilities in the Phoenix metro21 politan area to seven, which is the current number 

22 of facilities operating. 

23 (8) The Tohono O’odham casino proposal will 

24 not generate sales taxes as the State Gaming ComVerDate Mar 15 2010 23:01 Sep 16, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2938.IH H2938

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1 pact specifically prohibits the imposition of any 

2 taxes, fees, charges, or assessments. 

3 (9) The proposed casino would be located close 

4 to existing neighborhoods and a newly built school 

5 and raises a number of concerns. Homeowners, 

6 churches, schools, and businesses made a significant 

7 investment in the area without knowing that a tribal 

8 casino would or even could locate within the area. 

9 (10) The development has the potential to im10 pact the future of transportation projects, including 

11 the Northern Parkway, a critical transportation cor12 ridor to the West Valley. 

13 (11) The Tohono O’odham Nation currently op14 erates three gaming facilities: 2 in the Tucson met15 ropolitan area and 1 in Why, Arizona. 

16 (12) Nothing in the language or legislative his17 tory of the Gila Bend Indian Reservation Lands Re18 placement Act indicates that gaming was an antici19 pated use of the replacement lands. 

20 (13) It is the intent of Congress to clarify that 

21 lands purchased pursuant to the Gila Bend Indian 

22 Reservation Lands Replacement Act are not eligible 

23 for Class II and Class III gaming pursuant to the 

24 Indian Gaming Regulatory Act. Such lands may be 


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1 used for other forms of economic development by the 

2 Tohono O’odham Nation. 

3 SEC. 3. GAMING CLARIFICATION. 

4 Section 6(d) of Public Law 99–503 is amended by 

5 inserting ‘‘except that no class II gaming or class III gam6 ing activities, as defined in section 4 of the Indian Gaming 

7 Regulatory Act (25 U.S.C. 2703), may be conducted on 

8 such land’’ after ‘‘shall be deemed to be a Federal Indian 

9 Reservation for all purposes’’. 

Æ 


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