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 replacement 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 Res-
ervation Lands Replacement Act was to replace pri-
marily 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 Gam-
ing 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 
Tohono O’odham Nation does not currently game on 
any lands acquired pursuant to the Gila Bend In-
dian Reservation Lands Replacement Act.
(5) Beginning in 2003, the Tohono O’odham 
Nation began taking steps to purchase approxi-
mately 134.88 acres of land near 91st and Northern 
Avenue in Maricopa County, within the City of Glen-
dale (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 
Secretary of the Interior pursuant to the Gila Bend 
Indian Reservation Lands Replacement Act of 1986 
(‘‘Gila Bend Act’’), and has asked the Secretary to 
declare these lands eligible for gaming, thereby al-
lowing 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 ap-
proximately 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. 
(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 Com-
pact 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 im-
pact the future of transportation projects, including 
the Northern Parkway, a critical transportation cor-
ridor to the West Valley. 
(11) The Tohono O’odham Nation currently op-
erates three gaming facilities: 2 in the Tucson met-
ropolitan area and 1 in Why, Arizona. 
(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 
Indian 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 
inserting ‘‘except that no class II or class III gaming ac-
tivities, as defined in section 4 of the Indian Gaming Reg-
ulatory Act (25 U.S.C. 2703), may be conducted on such 
land if such land is located north of latitude 33 degrees, 
4 minutes 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 interpreta-
tion, determination, or decision to be made by any court, 
administrative agency or department, or other body as to 
whether any lands located south of latitude 33 degrees, 
4 minutes 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). 
Passed the House of Representatives June 19, 2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 2938 
AN ACT 
To prohibit certain gaming activities on certain 
Indian lands in Arizona.