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] 
VerDate Mar 15 2010 
23:44 Apr 16, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2938.RH
H2938
jbell on DSK7SPTVN1PROD with BILLS
A BILL 
To prohibit certain gaming activities on certain Indian lands 
in Arizona. 
VerDate Mar 15 2010 
23:44 Apr 16, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H2938.RH
H2938
jbell on DSK7SPTVN1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gila Bend Indian Res-
ervation Lands Replacement Clarification Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) In 1986, Congress passed the Gila Bend In-
dian Reservation Lands Replacement Act, Public 
Law 99–503, 100 Stat. 1798, to authorize the Tohono 
O’odham Nation to purchase up to 9,880 acres of re-
placement lands in exchange for granting all right, 
title and interest to the Gila Bend Indian Reservation 
to the United States. 
(2) The intent of the Gila Bend Indian Reserva-
tion Lands Replacement Act was to replace primarily 
agriculture land that the Tohono O’odham Nation 
was no longer able to use due to flooding by Federal 
dam projects. 
(3) In 1988, Congress passed the Indian Gaming 
Regulatory Act, which restricted the ability of Indian 
tribes to conduct gaming activities on lands acquired 
after the date of enactment of the Act. 
(4) Since 1986, the Tohono O’odham Nation has 
purchased more than 16,000 acres of land. The 
VerDate Mar 15 2010 
23:44 Apr 16, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H2938.RH
H2938
jbell on DSK7SPTVN1PROD with BILLS
Tohono O’odham Nation does not currently game on 
any lands acquired pursuant to the Gila Bend Indian 
Reservation Lands Replacement Act. 
(5) Beginning in 2003, the Tohono O’odham Na-
tion began taking steps to purchase approximately 
134.88 acres of land near 91st and Northern Avenue 
in Maricopa County, within the City of Glendale 
(160 miles from the Indian tribe’s headquarters in 
Sells). The Tohono O’odham Nation is now trying to 
have these lands taken into trust status by the Sec-
retary of the Interior pursuant to the Gila Bend In-
dian Reservation Lands Replacement Act of 1986 
(‘‘Gila Bend Act’’), and has asked the Secretary to de-
clare these lands eligible for gaming, thereby allowing 
the Indian tribe to conduct Las Vegas style gaming 
on the lands. The Secretary has issued an opinion 
stating that he has the authority to take approxi-
mately 53.54 acres of these lands into trust status, 
and plans to do so when legally able to do so. 
(6) The State of Arizona, City of Glendale, and 
at least 12 Indian tribes in Arizona oppose the 
Tohono O’odham Nation gaming on these lands. No 
Indian tribe supports the Tohono O’odham Nation’s 
efforts to conduct gaming on these lands. 
VerDate Mar 15 2010 
23:44 Apr 16, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H2938.RH
H2938
jbell on DSK7SPTVN1PROD with BILLS
(7) The Tohono O’odham Nation’s proposed ca-
sino violates existing Tribal-State gaming compacts 
and State law, Proposition 202, agreed to by all Ari-
zona Indian tribes, which effectively limits the num-
ber of tribal gaming facilities in the Phoenix metro-
politan area to seven, which is the current number of 
facilities operating. 
(8) The Tohono O’odham casino proposal will 
not generate sales taxes as the State Gaming Compact 
specifically prohibits the imposition of any taxes, fees, 
charges, or assessments. 
(9) The proposed casino would be located close to 
existing neighborhoods and a newly built school and 
raises a number of concerns. Homeowners, churches, 
schools, and businesses made a significant investment 
in the area without knowing that a tribal casino 
would or even could locate within the area. 
(10) The development has the potential to impact 
the future of transportation projects, including the 
Northern Parkway, a critical transportation corridor 
to the West Valley. 
(11) The Tohono O’odham Nation currently op-
erates three gaming facilities: 2 in the Tucson metro-
politan area and 1 in Why, Arizona. 
VerDate Mar 15 2010 
23:44 Apr 16, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H2938.RH
H2938
jbell on DSK7SPTVN1PROD with BILLS
(12) Nothing in the language or legislative his-
tory of the Gila Bend Indian Reservation Lands Re-
placement Act indicates that gaming was an antici-
pated use of the replacement lands. 
(13) It is the intent of Congress to clarify that 
lands purchased pursuant to the Gila Bend Indian 
Reservation Lands Replacement Act are not eligible 
for Class II and Class III gaming pursuant to the In-
dian Gaming Regulatory Act. Such lands may be 
used for other forms of economic development by the 
Tohono O’odham Nation. 
SEC. 3. GAMING CLARIFICATION. 
Section 6(d) of Public Law 99–503 is amended by in-
serting ‘‘except that no class II or class III gaming activi-
ties, as defined in section 4 of the Indian Gaming Regu-
latory Act (25 U.S.C. 2703), may be conducted on such land 
if such land is located north of latitude 33 degrees, 4 min-
utes north’’ after ‘‘shall be deemed to be a Federal Indian 
Reservation for all purposes’’. 
SEC. 4. NO EFFECT. 
The limitation on gaming set forth in the amendment 
made by section 3 shall have no effect on any interpretation, 
determination, or decision to be made by any court, admin-
istrative agency or department, or other body as to whether 
any lands located south of latitude 33 degrees, 4 minutes 
VerDate Mar 15 2010 
23:44 Apr 16, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H2938.RH
H2938
jbell on DSK7SPTVN1PROD with BILLS
north taken into trust pursuant to this Act qualify as lands 
taken into trust as part of a settlement of a land claim 
for purposes of title 25 U.S.C. 2719(b). 
VerDate Mar 15 2010 
23:44 Apr 16, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H2938.RH
H2938
jbell on DSK7SPTVN1PROD with BILLS
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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Mar 15 2010 
23:44 Apr 16, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H2938.RH
H2938
jbell on DSK7SPTVN1PROD with BILLS