I
106TH CONGRESS
2D SESSION
H. R. 5494
To ensure that certain property which was taken into trust by the United
States for the benefit of the Poarch Band of Creek Indians of Alabama
to protect such land from development shall not be used for gaming.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 18, 2000
Mr. RILEY (for himself and Mr. EVERETT) introduced the following bill; which
was referred to the Committee on Resources
A BILL
To ensure that certain property which was taken into trust
by the United States for the benefit of the Poarch Band
of Creek Indians of Alabama to protect such land from
development shall not be used for gaming.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. GAMING PROHIBITED.
(a) FINDINGS.—Congress finds the following:
(1) Hickory Ground is of major historical sig-
nificance to the Muscogee (Creek) Nation.
(2) Hickory Ground was conveyed to the
Poarch Band of Creek Indians specifically to prevent
desecration of the property.
(3) The original application by the Poarch
Band of Creek Indians for funds to acquire Hickory
Ground clearly states that ‘‘Acquisition will prevent
development on the property.’’.
(4) The Poarch Band of Creek Indians agreed
to the covenant placed upon the title of Hickory
Ground which specifically prohibits all development
of the property which would threaten or damage the
site as an archeological resource.
(5) The development of a gaming operation will
adversely affect the Hickory Ground archeological
site.
(b) PROHIBITION.—Class II and class III gaming
shall not be allowed on Hickory Ground.
(c) ENFORCEMENT.—
(1) INVESTIGATION.—Not later than 14 days
after receiving a written notice from the Governor of
Alabama that class II gaming or class III gaming is
being conducted on Hickory Ground, the Attorney
General shall conduct an investigation to determine
whether or not such gaming is being conducted on
such land. The Attorney General shall complete the
investigation required under this paragraph not
more than 45 days after receiving notice under the
previous sentence.
(2) ACTION.—If the Attorney General deter-
mines that class II gaming or class III gaming is
being conducted on Hickory Ground, the Attorney
general shall—
(A) immediately file in Federal court for
injunctive relief to enforce subsection (b); and
(B) take any other action against persons
involved in class II gaming or class III gaming
available under Federal law, including the Gam-
bling Devices Transportation Act (commonly
known as the Johnson Act; 15 U.S.C. 1175)
and the Organized Crime Control Act (18
U.S.C. 1955).
(d) DEFINITIONS.—For the purposes of this section,
the following definitions apply:
(1) CLASS II GAMING; CLASS III GAMING.—The
terms ‘‘class II gaming’’ and ‘‘class III gaming’’
have the meanings given those terms in section 4 of
the Indian Gaming Regulatory Act (25 U.S.C.
2703).
(2) HICKORY
GROUND.—The term ‘‘Hickory
Ground’’ means that land located within the exterior
boundaries of Elmore County, Alabama, that is held
in trust by the United States as of the date of the
enactment of this section for benefit of the Poarch
Band of Creek Indians of Alabama (also known as
the Poarch Band of Creeks).
Æ