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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DEFINITIONS OF INITIAL RESERVATION AND 
CONSULTATION. 
Section 4 of the Indian Gaming Regulatory Act (25 
U.S.C. 2703) is amended by adding at the end the fol-
lowing new paragraphs: 
‘‘(11) The term ‘initial reservation’ means In-
dian lands within one or more of the following:
‘‘(A) The geographical area designated by 
the Assistant Secretary where financial assist-
ance and social services programs are provided 
to that Indian tribe. Such a geographical area 
may include land on a reservation, near reserva-
tion, or any other geographical location. 
‘‘(B) The geographical area designated by 
the Indian tribe during the Federal acknowl-
edgement process as the area in which more 
than 50 percent of the members of the Indian 
tribe reside in a group composed exclusively or 
almost exclusively of members of the Indian 
tribe. 
‘‘(C) The geographical area in which it can 
be demonstrated that the Indian tribe has his-
torically resided. 
‘‘(12) The term ‘consultation’ means, at a min-
imum, the following: 
‘‘(A) A procedure whereby State, local, and 
tribal governments with jurisdiction over land 
within 50 miles of the land proposed to be 
taken into trust are provided actual notice of 
the proposed land acquisition and an oppor-
tunity to provide comments on that proposal. 
Such notice shall include information on the
proposed location of the gaming facility, the 
proposed scope of the gaming activity, the pro-
posed size of the facility, and other relevant in-
formation as determined by the Secretary. The 
notice shall solicit comments from the State, 
local, and tribal governments on the potential 
effects of the proposal and include notification 
that comments are to be received not later than 
60 days after the notice, with the possibility of 
a 60-day extension, upon request. Such com-
ments shall be addressed in writing to the Sec-
retary of the Interior or the appropriate depart-
mental official. 
‘‘(B) After expiration of the comment pe-
riod and prior to the Secretary’s determination, 
the Secretary or the appropriate departmental 
official must notify the applicant Indian tribe 
and State, local, and tribal governments with 
jurisdiction over land within 50 miles of the 
land proposed to be taken into trust of the sta-
tus of the application and inform them that 
they may, within 30 days of receipt of the no-
tice, request that the Secretary or the appro-
priate departmental official hold a hearing for 
the purpose of discussing the merits of the ap-
plication. The hearing record will be available to 
any participating party and become part of the 
record considered by the Secretary in reaching 
a final determination.’’. 
SEC. 2. CLARIFICATION REGARDING CONDITIONS RE-
QUIRED FOR EXCEPTION TO GAMING RE-
STRICTIONS ON CERTAIN LAND. 
Section 20(b)(1)(A) of the Indian Gaming Regulatory 
Act (25 U.S.C. 2719(b)(1)(A)) is amended— 
(1) by striking ‘‘appropriate State and local of-
ficials, including officials of other nearby Indian 
tribes’’ and inserting ‘‘officials of any State or local 
government or Indian tribe with jurisdiction over 
land located within 50 miles of the land proposed to 
be taken into trust’’; and 
(2) by inserting ‘‘or would not have a negative 
economic impact on businesses, governments, or In-
dian tribes within a 50 mile radius of the land pro-
posed to be taken into trust’’ after ‘‘would not be 
detrimental to the surrounding community’’. 
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