I 
109TH CONGRESS 
2D SESSION 
H. R. 4893 
To amend section 20 of the Indian Gaming Regulatory Act to restrict off- 
reservation gaming. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 7, 2006 
Mr. POMBO introduced the following bill; which was referred to the Committee 
on Resources 
A BILL 
To amend section 20 of the Indian Gaming Regulatory Act 
to restrict off-reservation gaming. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. RESTRICTION ON OFF-RESERVATION GAMING. 
Section 20 of the Indian Gaming Regulatory Act (25 
U.S.C. 2719) is amended— 
(1) by amending subsection (b)(1) to read as 
follows: 
‘‘(b)(1) Subsection (a) will not apply when lands are 
taken in trust for the benefit of an Indian tribe that is 
newly recognized, restored, or landless after the date of 
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the enactment of subsection (f), including those newly rec-
ognized under the Federal Acknowledgment Process at the 
Bureau of Indian Affairs, and the following criteria are 
met: 
‘‘(A) The Secretary determines that such lands 
are within the State of such tribe and are within the 
primary geographic, social, historical, and temporal 
nexus of the Indian tribe. 
‘‘(B) The Secretary determines that the pro-
posed gaming activity would not be detrimental to 
the surrounding community and nearby Indian 
tribes. 
‘‘(C) The Governor and State legislature of the 
State in which the gaming activities will be con-
ducted concur. 
‘‘(D) The Indian tribes within 75 miles of the 
proposed tribal trust land acquisition concur. 
‘‘(E) The regional Bureau office shall not rec-
ommend a tribal application for trust land acquisi-
tion for the purposes of gaming, in accordance with 
this section, until after the county or parish govern-
ment with authority over the land that is contiguous 
to the lands applied to be taken into trust has held 
an advisory referendum, paid for by the tribal appli-
cant, to determine whether the residents of that 
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county or parish support or oppose the Indian tribe’s 
application to conduct gaming regulated by this Act. 
Regardless of the result of the referendum, for the 
purposes of the Indian tribe mitigating the direct 
impact on the county or parish infrastructure, and 
to include a direct payment to mitigate county or 
parish infrastructure costs, the Indian tribe shall ne-
gotiate and sign a memorandum of understanding 
with the county or parish government. Such mitiga-
tion payments shall be limited to the direct effects 
of the tribal gaming activities on the affected county 
or parish infrastructure and services. If a memo-
randum of understanding is not signed within one 
year after the advisory referendum, both parties 
shall submit to mandatory binding arbitration to 
agree upon such a memorandum of understanding.’’; 
and 
(2) by adding at the end the following new sub-
sections: 
‘‘(e)(1) In order to consolidate class II gaming and 
class III gaming development, an Indian tribe may host 
one or more other Indian tribes to participate in or benefit 
from gaming conducted under this Act and in conform-
ance with a Tribal-State compact entered into by each in-
vited Indian tribe and the State under this Act upon any 
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portion of Indian land that was, as of October 17, 1988, 
located within the boundaries of the reservation of the host 
Indian tribe, so long as each invited Indian tribe has no 
ownership interest in any other gaming facility on any 
other Indian lands and has its primary geographic, social, 
historical, and temporal nexus to land in the State in 
which the Indian land of the host Indian tribe is located. 
‘‘(2) An Indian tribe invited to conduct class II gam-
ing or class III gaming under paragraph (1) may do so 
under authority of a lease with the host Indian tribe. Such 
a lease shall be lawful without the review or approval of 
the Secretary and shall be deemed by the Secretary to be 
sufficient evidence of the existence of Indian land of the 
invited Indian tribe for purposes of Secretarial approval 
of a Tribal-State compact under this Act. 
‘‘(3) Notwithstanding any other provision of law, the 
Indian tribes identified in paragraph (1) may establish the 
terms and conditions of their lease and other agreements 
between them in their sole discretion, except that in no 
case may the total payments to the host Indian tribe under 
the lease and other agreements exceed 40 percent of the 
net revenues (defined for such purposes as the revenue 
available to the 2 Indian tribes after deduction of costs 
of operating and financing the gaming facility developed 
on the leased land and of fees due to be paid under the 
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Tribal-State compact) of the gaming activity conducted by 
the invited Indian tribe. 
‘‘(4) An invited Indian tribe under this subsection 
shall be deemed by the Secretary and the Commission to 
have the sole proprietary interest and responsibility for the 
conduct of any gaming on lands leased from a host Indian 
tribe. 
‘‘(5) Conduct of gaming by an invited Indian tribe 
on lands leased from a host Indian tribe under this sub-
section shall be deemed by the Secretary and the Commis-
sion to be conducted under the Act upon Indian lands— 
‘‘(A) of the invited Indian tribe; 
‘‘(B) within the jurisdiction of the invited In-
dian tribe; and 
‘‘(C) over which the invited Indian tribe has 
and exercises governmental power. 
‘‘(6) Any lease agreement authorized by this section 
shall not be valid unless it is— 
‘‘(A) consistent with the Tribal-State com-
pacting laws of the State in which the gaming activi-
ties will be conducted; 
‘‘(B) approved by an Act of the State legisla-
ture; and 
‘‘(C) approved by the Governor of the State. 
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‘‘(f) An Indian tribe shall not conduct gaming regu-
lated by this Act on Indian lands outside of a State in 
which the Indian tribe has a reservation on the date of 
the enactment of this subsection, unless such Indian lands 
are contiguous to such a reservation of that Indian tribe 
in that State.’’. 
SEC. 2. STATUTORY CONSTRUCTION. 
The amendment made by paragraph (1) of section 
1 shall be applied prospectively. Compacts or other agree-
ments that govern gaming regulated by the Indian Gam-
ing Regulatory Act of 1988 (25 U.S.C. 2701 et seq.) on 
Indian lands that were in effect on the date of the enact-
ment of this Act shall not be affected by the amendments 
made by paragraph (1) of section 1 of this Act. 
Æ 
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