Union Calendar No. 172
105TH CONGRESS
1ST SESSION
H. R. 1805
[Report No. 105–301]
A BILL
To amend the Auburn Indian Restoration Act to
establish restrictions related to gaming on and
use of land held in trust for the United Auburn
Indian Community of the Auburn Rancheria of
California, and for other purposes.
OCTOBER 6, 1997
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 172
105TH CONGRESS
1ST SESSION
H. R. 1805
[Report No. 105–301]
To amend the Auburn Indian Restoration Act to establish restrictions related
to gaming on and use of land held in trust for the United Auburn
Indian Community of the Auburn Rancheria of California, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 5, 1997
Mr. DOOLITTLE introduced the following bill; which was referred to the
Committee on Resources
OCTOBER 6, 1997
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To amend the Auburn Indian Restoration Act to establish
restrictions related to gaming on and use of land held
in trust for the United Auburn Indian Community of
the Auburn Rancheria of California, and for other pur-
poses.
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 ‘‘Auburn Indian Res-
toration Amendment Act’’.
SEC. 2. RESTRICTIONS ON GAMING.
Section 202 of the Auburn Indian Restoration Act
(25 U.S.C. 1300l) is amended by adding at the end the
following new subsection:
‘‘(g) GAMING.—
‘‘(1) Class II and class III gaming activities
shall be lawful only on one parcel of land, which
shall be taken into in trust for the Tribe pursuant
to section 204(a)(1), but only if—
‘‘(A) prior to the time such parcel is taken
into trust, the Tribe and the local government
of the political jurisdiction in which the parcel
is located have entered into a compact as re-
quired by section 204(e);
‘‘(B) the gaming facility and related infra-
structure on such parcel of land are located at
least 2 miles from any church, school, or resi-
dence which was constructed in a residential
zone and which existed on the date of the intro-
duction to the House of Representatives of the
Auburn Indian Restoration Amendment Act
(June 5, 1997);
‘‘(C) such parcel of land is specifically
taken into trust for class II and class III gam-
ing activities; and
‘‘(D) such parcel of land is not part of the
land identified in section 204(b).
‘‘(2) If the State of California finds that class
III gaming activities have been established in viola-
tion of the requirements of the Indian Gaming Reg-
ulatory Act (25 U.S.C. 2701 et seq.) on land held
in trust for the Tribe, the State may institute an ac-
tion in a court of competent jurisdiction for injunc-
tive relief to enjoin all class II and class III gaming
activities. If a court of competent jurisdiction deter-
mines, by a preponderance of the evidence, that
Class III gaming activity has been established in vio-
lation of the requirements of the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) on land
held in trust for the Tribe, all Class II and Class III
gaming activities shall be unlawful on land held in
trust for the Tribe and any such activities may be
enjoined by such court. The Tribe shall not raise
sovereign immunity as a defense to any such action
or to the enforcement or execution of a judgment re-
sulting from such action.
‘‘(3) Except as provided herein, nothing in this
Act shall negate or diminish in any way the Tribe’s
obligation to comply with all provisions of the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.).’’.
SEC. 3. RESTRICTIONS ON LAND TO BE HELD IN TRUST.
(a) LANDS TO BE TAKEN INTO TRUST.—Section
204(a) of the Auburn Indian Restoration Act (25 U.S.C.
1300l–2) is amended to read as follows:
‘‘(a) LANDS TO BE TAKEN INTO TRUST.—(1) Upon
request of the tribe, the Secretary shall accept forthwith
for the benefit of the Tribe any real property located in
Placer County, California, if—
‘‘(A) the property is conveyed or otherwise
transferred to the Secretary;
‘‘(B) at the time of the conveyance or transfer
pursuant to subparagraph (A), there are no adverse
legal claims on such property, including outstanding
liens, mortgages, or taxes owed; and
‘‘(C) prior to the Secretary accepting the prop-
erty the Tribe was in compliance with section
202(g)(1) and 202(g)(3), and subsections (d) and
(e) of this section.
‘‘(2) The Secretary may accept, subject to the provi-
sions of this Act, any additional acreage in the Tribe’s
service area pursuant to the authority of the Secretary,
for nongaming related activities or nonresidential purposes
under the Act of June 18, 1934 (25 U.S.C. 461 et seq.),
provided that the primary function of such additional acre-
age shall not be the furtherance of gaming activities.’’.
(b) USE OF LAND TAKEN INTO TRUST FOR NON-
GAMING PURPOSES.—Section 204 of the Auburn Indian
Restoration Act (25 U.S.C. 1300l–2) is amended by add-
ing at the end the following new subsections:
‘‘(d) USE OF LAND TAKEN INTO TRUST FOR NON-
GAMING PURPOSES.—(1) A parcel of real property taken
into trust for the Tribe pursuant to the provisions of sec-
tion 204(a) (1) or (2), for purposes other than class II
or class III gaming activities, may only be used and devel-
oped in a manner consistent with and in compliance with
all general and community plans and zoning ordinances
of the local government of the political jurisdiction in
which the land to be taken into trust is located which are
in effect at the time that the land is taken into trust, and
any other provisions agreed to in the compact required by
subsection (e).
‘‘(2)(A) In addition to the former trust lands referred
to in subsection (b), the Tribe may acquire one parcel of
land for residential purposes pursuant to section 204
(a)(1) and (d)(1).
‘‘(B) Any additional real property taken into trust for
the Tribe for residential purposes pursuant to section 204
(a)(2) and (d)(1) shall be contiguous to the initial parcel.
‘‘(C) Except as provided in subsection (b), the Sec-
retary shall not take any real property into trust for resi-
dential purposes for individual members of the Tribe.
‘‘(e) COMPACT REQUIRED.—(1) After the date of the
enactment of the Auburn Indian Restoration Amendment
Act, the Secretary shall not take any land into trust for
the Tribe until the Tribe and the local government of the
political jurisdiction in which the land to be taken into
trust is located have entered into a written compact, which
the parties shall negotiate in good faith and in a timely
manner, and which shall include provisions relating to—
‘‘(A) location and permissible use of the land to
be taken into trust;
‘‘(B) an agreed upon environmental study
which provides for the mitigation of any environ-
mental impacts of the proposed development and
uses of the land to be taken into trust, and that any
mitigation required shall be similar in scope and
content to that which would be required of other
non-tribal applicants in the local government of the
political jurisdiction;
‘‘(C) law enforcement jurisdictional responsibil-
ities and other public services to be provided on the
land, consistent with other Federal laws, including
any reasonable compensation to the local govern-
ment of the political jurisdiction for the services and
impacts;
‘‘(D) the impact of the removal of the land
from the tax rolls;
‘‘(E) building and design standards for any
structures proposed to be built on the land, includ-
ing provisions that such structures shall be built in
accordance with standards similar in scope and con-
tent to those required of non-tribal applicants in the
local jurisdiction; and
‘‘(F) such additional matters as the parties may
agree.
‘‘(2) The local government of the political jurisdiction
in which the land to be taken into trust is located shall—
‘‘(A) provide notice of the Tribe’s proposal and
the terms of the local compact to the public, the
State, and the governing bodies of any other local
governments in Placer County, California;
‘‘(B) provide the recipients of the notice given
under subparagraph (A) with a period of 45 days in
which to provide comments; and
‘‘(C) take comments provided under subpara-
graph (B) into consideration and address them be-
fore entering into a local compact.
‘‘(3) The Tribe and the local jurisdiction shall nego-
tiate the compact required by this subsection in good faith.
‘‘(f) BINDING ARBITRATION.—(1) If a dispute arises
regarding—
‘‘(A) the non-compliance of the Tribe or the
local jurisdiction with subsection (e)(3);
‘‘(B) the terms of a compact negotiated pursu-
ant to subsection (e); or
‘‘(C) the alleged violation of a compact nego-
tiated pursuant to subsection (e),
the Tribe or the local government of the political jurisdic-
tion in which the real property relevant to the dispute is
located may submit the dispute to binding arbitration
under the United States Arbitration Act (9 U.S.C. 1 et
seq.). The Tribe shall not raise sovereign immunity as a
defense to arbitration or the enforcement of any arbitra-
tion award or any judgment based thereon, and all parties
expressly agree to comply with such awards and judg-
ments.
‘‘(2) If the Tribe or the local government of the politi-
cal jurisdiction in which the real property relevant to the
dispute is located elects to submit a dispute to arbitration
pursuant to paragraph (1), an arbitration board shall be
established to conduct the arbitration and shall consist
of—
‘‘(A) one independent member selected by the
Tribe;
‘‘(B) one independent member selected by the
local government of the political jurisdiction in which
the land relevant to the dispute is located; and
‘‘(C) one member selected by the members se-
lected pursuant to subparagraphs (A) and (B). If
the members selected pursuant to subparagraphs
(A) and (B) are unable to agree upon a third mem-
ber within 20 days after selection of the other mem-
bers, the presiding judge of the Placer County Supe-
rior Court shall select the third member.
‘‘(3) The costs of an arbitration proceeding under
this subsection, not including attorneys’ fees, shall be
awarded to the prevailing party in the arbitration as deter-
mined by the arbitration board.
‘‘(4) The decision of the arbitration board shall be
final and implemented subject only to judicial review as
provided for in the United States Arbitration Act (9
U.S.C. 1 et seq.).
‘‘(g) TERMS ENFORCEABLE.—The terms of sub-
sections (d) and (e) are specifically enforceable in a court
of competent jurisdiction by the Tribe and the local gov-
ernment of the political jurisdiction in which the land rel-
evant to a dispute is located against the other. The Tribe
shall not raise its sovereign immunity as a defense to such
an action or the enforcement or execution of any judgment
resulting from such action.’’.
SEC. 4. DEFINITIONS.
Section 208 of the Auburn Indian Restoration Act
(25 U.S.C. 1300l–6) is amended by adding at the end the
following new paragraphs:
‘‘(8) The term ‘class II gaming’ has the mean-
ing given that term in the Indian Gaming Regu-
latory Act (25 U.S.C. 2701 et seq.).
‘‘(9) The term ‘class III gaming’ has the mean-
ing given that term in the Indian Gaming Regu-
latory Act (25 U.S.C. 2701 et seq.).’’.