IB 
Union Calendar No. 386 
109TH CONGRESS 
2D SESSION 
H. R. 4893 
[Report No. 109–650] 
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 
SEPTEMBER 13, 2006 
Additional sponsors: Mr. ADERHOLT, Mr. BACHUS, Mrs. BONO, Mr. WICKER, 
and Mr. ISSA 
SEPTEMBER 13, 2006 
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 March 7, 2006] 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restricting Indian Gam-
ing to Homelands of Tribes Act of 2006’’. 
SEC. 2. 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 fol-
lows: 
‘‘(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 the 
enactment of subsection (f), including those newly recog-
nized under the Federal Acknowledgment Process at the Bu-
reau 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 proposed 
gaming activity would not be detrimental to the sur-
rounding community and nearby Indian tribes. 
‘‘(C) Concurrence by the Governor in conform-
ance with laws of that State. 
‘‘(D) Mitigation by the Indian tribe in accord-
ance with this subparagraph. For the purposes of the 
Indian tribe mitigating the direct impact on the 
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county or parish infrastructure and services, the In-
dian tribe shall negotiate and sign, to the extent prac-
ticable during the compact negotiations described in 
section 11(d)(3), a memorandum of understanding 
with the county or parish government. Such mitiga-
tion requirements 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 Indian tribe or county or parish has 
notified the other party and the Secretary, by cer-
tified mail, a request to initiate negotiations, then the 
Secretary shall appoint an arbitrator who shall estab-
lish mitigation requirements of the Indian tribe.’’; 
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 conformance 
with a Tribal-State compact entered into by each invited 
Indian tribe and the State under this Act upon any portion 
of Indian land that was, as of October 17, 1988, located 
within the boundaries of the reservation of the host Indian 
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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 In-
dian 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 in-
vited 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 reve-
nues (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 Tribal-State compact) 
of the gaming activity conducted by the invited Indian 
tribe. 
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‘‘(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) Notwithstanding the foregoing, the gaming ar-
rangement authorized by this subsection shall not be con-
ducted on any Indian lands within the State of Arizona. 
‘‘(7) Any gaming authorized by this subsection shall 
not be conducted unless it is— 
‘‘(A) consistent with the Tribal-State compacting 
laws of the State in which the gaming activities will 
be conducted; 
‘‘(B) specifically identified as expressly author-
ized in a tribal-State compact of the invited Indian 
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tribe approved by an Act of the legislature of the 
State in which the gaming will be conducted; and 
‘‘(C) specifically identified as expressly author-
ized in a tribal-State compact of the invited Indian 
tribe approved by the Governor of the State in which 
the gaming will be conducted. 
‘‘(8) Host tribe compacts shall not be affected by the 
amendments made by this subsection. 
‘‘(f) An Indian tribe shall not conduct gaming regu-
lated by this Act on Indian lands outside of the State in 
which the Indian tribe is primarily residing and exercising 
tribal government authority on the date of the enactment 
of this subsection, unless such Indian lands are contiguous 
to the lands in the State where the tribe is primarily resid-
ing and exercising tribal government authority.’’. 
SEC. 3. STATUTORY CONSTRUCTION. 
(a) IN GENERAL.—The amendment made by para-
graph (1) of section 2 shall be applied prospectively. Com-
pacts or other agreements that govern gaming regulated by 
the Indian Gaming Regulatory Act (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 2. 
(b) EXCEPTION.—The amendments made by section 2 
shall not apply to any lands for which an Indian tribe, 
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