IIB 

112TH CONGRESS 

2D SESSION H. R. 2938 

IN THE SENATE OF THE UNITED STATES 

JUNE 20, 2012 

Received; read twice and referred to the Committee on Indian Affairs 

AN ACT 

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, 


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HR 2938 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Gila Bend Indian Res3 ervation Lands Replacement Clarification Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) In 1986, Congress passed the Gila Bend In7 dian Reservation Lands Replacement Act, Public 

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

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

10 acres of replacement lands in exchange for granting 

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

12 Reservation to the United States. 

13 (2) The intent of the Gila Bend Indian Res14 ervation Lands Replacement Act was to replace pri15 marily agriculture land that the Tohono O’odham 

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

17 Federal dam projects. 

18 (3) In 1988, Congress passed the Indian Gam19 ing Regulatory Act, which restricted the ability of 

20 Indian tribes to conduct gaming activities on lands 

21 acquired after the date of enactment of the Act. 

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

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

24 Tohono O’odham Nation does not currently game on 

25 any lands acquired pursuant to the Gila Bend In26 dian Reservation Lands Replacement Act. 


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

2 Nation began taking steps to purchase approxi3 mately 134.88 acres of land near 91st and Northern 

4 Avenue in Maricopa County, within the City of Glen5 dale (160 miles from the Indian tribe’s headquarters 

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

7 to have these lands taken into trust status by the 

8 Secretary of the Interior pursuant to the Gila Bend 

9 Indian Reservation Lands Replacement Act of 1986 

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

11 declare these lands eligible for gaming, thereby al12 lowing the Indian tribe to conduct Las Vegas style 

13 gaming on the lands. The Secretary has issued an 

14 opinion stating that he has the authority to take ap15 proximately 53.54 acres of these lands into trust 

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

17 so. 

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

19 at least 12 Indian tribes in Arizona oppose the 

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

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

22 efforts to conduct gaming on these lands. 

23 (7) The Tohono O’odham Nation’s proposed ca24 sino violates existing Tribal-State gaming compacts 

25 and State law, Proposition 202, agreed to by all AriVerDate Mar 15 2010 05:11 Jun 21, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2938.RFS H2938

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1 zona Indian tribes, which effectively limits the num2 ber of tribal gaming facilities in the Phoenix metro3 politan area to seven, which is the current number 

4 of facilities operating. 

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

6 not generate sales taxes as the State Gaming Com7 pact specifically prohibits the imposition of any 

8 taxes, fees, charges, or assessments. 

9 (9) The proposed casino would be located close 

10 to existing neighborhoods and a newly built school 

11 and raises a number of concerns. Homeowners, 

12 churches, schools, and businesses made a significant 

13 investment in the area without knowing that a tribal 

14 casino would or even could locate within the area. 

15 (10) The development has the potential to im16 pact the future of transportation projects, including 

17 the Northern Parkway, a critical transportation cor18 ridor to the West Valley. 

19 (11) The Tohono O’odham Nation currently op20 erates three gaming facilities: 2 in the Tucson met21 ropolitan area and 1 in Why, Arizona. 

22 (12) Nothing in the language or legislative his23 tory of the Gila Bend Indian Reservation Lands Re24 placement Act indicates that gaming was an antici25 pated use of the replacement lands. 


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

2 lands purchased pursuant to the Gila Bend Indian 

3 Reservation Lands Replacement Act are not eligible 

4 for Class II and Class III gaming pursuant to the 

5 Indian Gaming Regulatory Act. Such lands may be 

6 used for other forms of economic development by the 

7 Tohono O’odham Nation. 

8 SEC. 3. GAMING CLARIFICATION. 

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

10 inserting ‘‘except that no class II or class III gaming ac11 tivities, as defined in section 4 of the Indian Gaming Reg12 ulatory Act (25 U.S.C. 2703), may be conducted on such 

13 land if such land is located north of latitude 33 degrees, 

14 4 minutes north’’ after ‘‘shall be deemed to be a Federal 

15 Indian Reservation for all purposes’’. 

16 SEC. 4. NO EFFECT. 

17 The limitation on gaming set forth in the amendment 

18 made by section 3 shall have no effect on any interpreta19 tion, determination, or decision to be made by any court, 

20 administrative agency or department, or other body as to 

21 whether any lands located south of latitude 33 degrees, 

22 4 minutes north taken into trust pursuant to this Act 


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1 qualify as lands taken into trust as part of a settlement 

2 of a land claim for purposes of title 25 U.S.C. 2719(b). 

Passed the House of Representatives June 19, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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