IB 

Union Calendar No. 307 

112TH CONGRESS 

2D SESSION H. R. 2938 

[Report No. 112–440] 

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 

APRIL 16, 2012 

Additional sponsors: Mr. KILDEE, Mr. BOREN, Mr. BACA, and Ms. 

MCCOLLUM

APRIL 16, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 15, 2011] 


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A BILL 

To prohibit certain gaming activities on certain Indian lands 

in Arizona. 


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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 Tohono 

11 O’odham Nation to purchase up to 9,880 acres of re12 placement lands in exchange for granting all right, 

13 title and interest to the Gila Bend Indian Reservation 

14 to the United States. 

15 (2) The intent of the Gila Bend Indian Reserva16 tion Lands Replacement Act was to replace primarily 

17 agriculture land that the Tohono O’odham Nation 

18 was no longer able to use due to flooding by Federal 

19 dam projects. 

20 (3) In 1988, Congress passed the Indian Gaming 

21 Regulatory Act, which restricted the ability of Indian 

22 tribes to conduct gaming activities on lands acquired 

23 after the date of enactment of the Act. 

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

25 purchased more than 16,000 acres of land. The 


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1 Tohono O’odham Nation does not currently game on 

2 any lands acquired pursuant to the Gila Bend Indian 

3 Reservation Lands Replacement Act. 

4 (5) Beginning in 2003, the Tohono O’odham Na5 tion began taking steps to purchase approximately 

6 134.88 acres of land near 91st and Northern Avenue 

7 in Maricopa County, within the City of Glendale 

8 (160 miles from the Indian tribe’s headquarters in 

9 Sells). The Tohono O’odham Nation is now trying to 

10 have these lands taken into trust status by the Sec11 retary of the Interior pursuant to the Gila Bend In12 dian Reservation Lands Replacement Act of 1986 

13 (‘‘Gila Bend Act’’), and has asked the Secretary to de14 clare these lands eligible for gaming, thereby allowing 

15 the Indian tribe to conduct Las Vegas style gaming 

16 on the lands. The Secretary has issued an opinion 

17 stating that he has the authority to take approxi18 mately 53.54 acres of these lands into trust status, 

19 and plans to do so when legally able to do so. 

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

21 at least 12 Indian tribes in Arizona oppose the 

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

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

24 efforts to conduct gaming on these lands. 


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1 (7) The Tohono O’odham Nation’s proposed ca2 sino violates existing Tribal-State gaming compacts 

3 and State law, Proposition 202, agreed to by all Ari4 zona Indian tribes, which effectively limits the num5 ber of tribal gaming facilities in the Phoenix metro6 politan area to seven, which is the current number of 

7 facilities operating. 

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

9 not generate sales taxes as the State Gaming Compact 

10 specifically prohibits the imposition of any taxes, fees, 

11 charges, or assessments. 

12 (9) The proposed casino would be located close to 

13 existing neighborhoods and a newly built school and 

14 raises a number of concerns. Homeowners, churches, 

15 schools, and businesses made a significant investment 

16 in the area without knowing that a tribal casino 

17 would or even could locate within the area. 

18 (10) The development has the potential to impact 

19 the future of transportation projects, including the 

20 Northern Parkway, a critical transportation corridor 

21 to the West Valley. 

22 (11) The Tohono O’odham Nation currently op23 erates three gaming facilities: 2 in the Tucson metro24 politan area and 1 in Why, Arizona. 


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1 (12) Nothing in the language or legislative his2 tory of the Gila Bend Indian Reservation Lands Re3 placement Act indicates that gaming was an antici4 pated use of the replacement lands. 

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

6 lands purchased pursuant to the Gila Bend Indian 

7 Reservation Lands Replacement Act are not eligible 

8 for Class II and Class III gaming pursuant to the In9 dian Gaming Regulatory Act. Such lands may be 

10 used for other forms of economic development by the 

11 Tohono O’odham Nation. 

12 SEC. 3. GAMING CLARIFICATION. 

13 Section 6(d) of Public Law 99–503 is amended by in14 serting ‘‘except that no class II or class III gaming activi15 ties, as defined in section 4 of the Indian Gaming Regu16 latory Act (25 U.S.C. 2703), may be conducted on such land 

17 if such land is located north of latitude 33 degrees, 4 min18 utes north’’ after ‘‘shall be deemed to be a Federal Indian 

19 Reservation for all purposes’’. 

20 SEC. 4. NO EFFECT. 

21 The limitation on gaming set forth in the amendment 

22 made by section 3 shall have no effect on any interpretation, 

23 determination, or decision to be made by any court, admin24 istrative agency or department, or other body as to whether 

25 any lands located south of latitude 33 degrees, 4 minutes 


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1 north taken into trust pursuant to this Act qualify as lands 

2 taken into trust as part of a settlement of a land claim 

3 for purposes of title 25 U.S.C. 2719(b). 


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Union Calendar No. 307 

112TH CONGRESS 

2D SESSION H. R. 2938 

[Report No. 112–440] 

A BILL 

To prohibit certain gaming activities on certain 

Indian lands in Arizona. 

APRIL 16, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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