I 
109TH CONGRESS 
1ST SESSION H. R. 2353 
To make technical corrections to the Indian Gaming Regulatory Act, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2005 
Mr. ROGERS of Michigan (for himself, Mr. EHLERS, Mr. HOEKSTRA, Mr. 
WOLF, Mr. BOUSTANY, Mrs. JOHNSON of Connecticut, Mr. DENT, Mr. 
HERGER, Mr. SHAYS, and Mr. PITTS) introduced the following bill; which 
was referred to the Committee on Resources 
A BILL 
To make technical corrections to the Indian Gaming 
Regulatory Act, and for other purposes. 
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 ‘‘Common Sense Indian 
Gambling Reform Act’’. 
SEC. 2. BACKGROUND INVESTIGATIONS AND APPROVAL OF 
FINANCIAL INTERESTS. 
(a) BACKGROUND INVESTIGATIONS.—
(1) GAMING
INVESTORS.—Section 7(b)(3) of 
the Indian Gaming Regulatory Act (25 U.S.C. 
2706(b)(3)) is amended to read as follows: 
‘‘(3) shall conduct or cause to be conducted 
background investigations on the 10 persons or enti-
ties with the highest financial interest (such as 
loans, debt-based financing, financial backing for 
equipment or other startup or operation costs, and 
other financial interests as determined by the Com-
mission) in a gaming operation regulated by the 
Commission and such other background investiga-
tions as may be necessary;’’. 
(2) 
TRIBAL
GAMING
OFFICIALS.—Section 
11(b)(2)(F)(i) of the Indian Gaming Regulatory Act 
(25 U.S.C. 2710(b)(2)(F)(i)) is amended— 
(A) by striking ‘‘conducted on’’ the first 
place it appears and inserting ‘‘conducted by 
the Commission on tribal gaming commis-
sioners, key tribal gaming commission employ-
ees, and’’; and 
(B) by striking ‘‘such officials and their 
management’’ and inserting ‘‘such individuals’’. 
(b) APPROVAL OF FINANCIAL INTERESTS.—Section 
6 of the Indian Gaming Regulatory Act (25 U.S.C. 2705) 
is amended—
(1) in paragraph (3), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (4), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) approve financial interests between the 10 
persons or entities with the highest financial interest 
(such as loans, debt-based financing, financial back-
ing for equipment or other startup or operation 
costs, and other financial interests as determined by 
the Commission) and a gaming operation regulated 
by the Commission.’’. 
(c) COMMISSION FUNDING.—Section 18(a)(2)(B) of 
the 
Indian 
Gaming 
Regulatory 
Act 
(25 
U.S.C. 
2717(a)(2)(B)) is amended by striking ‘‘$8,000,000’’ and 
inserting ‘‘$16,000,000’’. 
SEC. 3. DECLARATION OF INTENT TO GAME ON TRUST 
LANDS. 
(a) CLASS II GAMING.—Section 11(b)(1) of the In-
dian Gaming Regulatory Act (25 U.S.C. 2710(b)(1)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end;
(2) in subparagraph (B), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C)(i) conducted on lands taken into trust 
before the date of the enactment of this sub-
paragraph; or 
‘‘(ii) conducted on lands taken into trust 
after the date of the enactment of this subpara-
graph only if the application requesting that the 
land be taken into trust stated that the Indian 
tribe intended to conduct gaming activities on 
such land.’’. 
(b) CLASS III GAMING.—Section 11(d)(1) of the In-
dian Gaming Regulatory Act (25 U.S.C. 2710(d)(1)) is 
amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D)(i) conducted on lands taken into 
trust before the date of the enactment of this 
subparagraph; or
‘‘(ii) conducted on lands taken into trust 
after the date of the enactment of this subpara-
graph only if the application requesting that the 
land be taken into trust stated that the Indian 
tribe intended to conduct gaming activities on 
such land.’’. 
SEC. 4. CLARIFICATION REGARDING CONDITIONS RE-
QUIRED FOR EXCEPTION TO GAMING RE-
STRICTIONS ON CERTAIN LAND. 
Section 20(b)(1)(A) of the Indian Gaming Regulatory 
Act (25 U.S.C. 2719(b)(1)(A)) is amended— 
(1) by striking ‘‘appropriate State and local of-
ficials, including officials of other nearby Indian 
tribes’’ and inserting ‘‘officials of any State or local 
government or Indian tribe with jurisdiction over 
land located within 50 miles of the land proposed to 
be taken into trust’’; and 
(2) by striking ‘‘and would not be detrimental 
to the surrounding community’’ and inserting ‘‘and, 
after conducting an economic impact study, deter-
mines that a gaming establishment on newly ac-
quired lands would not have a negative economic im-
pact on business, government, or Indian tribes with-
in a 50 mile radius of the land proposed to be taken
into trust or be otherwise detrimental to the commu-
nity with such 50 mile radius’’. 
SEC. 5. APPROVAL OF COMPACTS BY STATE. 
Section 11(d) of the Indian Gaming Regulatory Act 
(25 U.S.C. 2710(d)) is amended by adding at the end the 
following new paragraph: 
‘‘(10) For the purposes of State approval under 
this subsection, the term ‘State’ shall mean the Gov-
ernor of the State and the legislative body of the 
State.’’. 
SEC. 6. RESTRICTION ON GAMING. 
(a) AMENDMENTS.—Section 20 of the Indian Gaming 
Regulatory Act (25 U.S.C. 2719) is amended— 
(1) by amending paragraph (1) of subsection 
(b) to read as follows: 
‘‘(1)(A) Subsection (a) shall not apply to Indian 
land of an Indian tribe if each of the conditions in 
subparagraph (B) are satisfied and the Indian 
tribe— 
‘‘(i) was newly recognized after October 
17, 1988 (including those newly recognized 
under the Federal Acknowledgement Process at 
the Bureau of Indian Affairs);
‘‘(ii) was restored by legislation, court de-
cree, or any other process after having been ter-
minated by Federal law; or 
‘‘(iii) on the date of the enactment of sub-
section (e), had no lands held in trust by the 
United States for the benefit of the Indian 
tribe, no reservation, and no lands held by the 
Indian tribe subject to restriction by the United 
States against alienation over which the Indian 
tribe exercised governmental power. 
‘‘(B) The conditions referred to in subpara-
graph (A) are the following: 
‘‘(i) The Secretary determines that the 
lands acquired in trust for the benefit of the In-
dian tribe for the purposes of gaming are lands 
within the State where the Indian tribe has its 
primary geographic, social, and historical nexus 
to the land. 
‘‘(ii) The Secretary determines that the 
proposed gaming activity is in the best interest 
of the Indian tribe, its tribal members, and 
would not be detrimental to the surrounding 
community. 
‘‘(iii) The State, city, county, town, parish, 
village, and other general purpose political sub-
divisions of the State with authority over land 
that is concurrent or contiguous to the lands 
acquired in trust for the benefit of the Indian 
tribe for the purposes of gaming approve.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) Notwithstanding any other provision of this Act, 
an Indian tribe may conduct gaming regulated by this Act 
on only one contiguous parcel of Indian lands. Such Indian 
lands must be located where that Indian tribe has its pri-
mary geographic, social, and historical nexus and within 
the State or States where the Indian tribe is primarily 
located.’’. 
(b) STATUTORY CONSTRUCTION.—The amendments 
made by subsection (a) shall be applied prospectively. 
Compacts or other agreements that govern gaming regu-
lated by the Indian Gaming Regulatory Act that were in 
effect on the date of the enactment of this Act shall not 
be affected by the amendments made by subsection (a). 
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