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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Tribal Gaming Eligibility Act''.

SEC. 2. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988.

Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is
amended--
(1) by striking the section designation and heading and all
that follows through ''(a) Except'' and inserting the
following:

''SEC. 20. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988.

''(a) In General.--Except''; and
(2) in subsection (b)--
(A) in paragraph (1)(B), in the matter preceding
clause (i), by inserting ''subject to paragraph (2),''
before ''lands are taken'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
''(2) Applicability to certain land.--
''(A) In general.--Except as provided in
subparagraph (D), effective beginning on the date of
enactment of the Tribal Gaming Eligibility Act, in
addition to any other requirements under applicable
Federal law, gaming conducted pursuant to an exception
under paragraph (1)(B) shall not be conducted on land
taken into trust after October 17, 1988, by the United
States for the benefit of an Indian tribe unless the
Secretary determines, on the date the land is taken
into trust, that the Indian tribe--
''(i) has received a written determination
by the Secretary that the land is eligible to
be used for gaming under this section; and
''(ii) demonstrates--
''(I) in accordance with
subparagraph (B), a substantial,
direct, modern connection to the land
taken into trust, as of October 17,
1988; and
''(II) in accordance with
subparagraph (C), a substantial,
direct, aboriginal connection to the
land taken into trust.
''(B) Substantial, direct, modern connection.--In
making a determination under subparagraph (A)(ii)(I)
that an Indian tribe demonstrates a substantial,
direct, modern connection to land taken into trust as
of October 17, 1988, the Secretary shall certify that--
''(i) if the Indian tribe has a
reservation--
''(I) the land is located within a
25-mile radius of the tribal
headquarters or other tribal
governmental facilities of the Indian
tribe on the reservation;
''(II) the Indian tribe has
demonstrated a temporal connection to,
or routine presence on, the land during
the period beginning on October 17,
1988, and ending on the date of the
certification; and
''(III) the Indian tribe has not
been recognized or restored to Federal
recognition status during the 5-year
period preceding the date of the
certification; or
''(ii) if the Indian tribe does not have a
reservation--
''(I) the land is located within a
25-mile radius of an area in which a
significant number of members of the
Indian tribe reside;
''(II) the Indian tribe has
demonstrated a temporal connection to,
or routine presence on, the land during
the period beginning on October 17,
1988, and ending on the date of the
certification; and
''(III)(aa) the land was included
in the first-submitted request of the
Indian tribe for newly acquired land
since the date on which the Indian
tribe was recognized or restored to
Federal recognition; or
''(bb)(AA) the application to take
the land into trust was received by the
Secretary during the 5-year period
beginning on the date on which the
Indian tribe was recognized or restored
to Federal recognition; and
''(BB) the Indian tribe is not
conducting any gaming activity on any
other land.
''(C) Substantial, direct, aboriginal connection.--
In making a determination under subparagraph
(A)(ii)(II) that an Indian tribe demonstrates a
substantial, direct, aboriginal connection to land, the
Secretary shall take into consideration some or all of
the following factors:
''(i) The historical presence of the Indian
tribe on the land, including any land to which
the Indian tribe was relocated pursuant to the
forcible removal of tribal members from land as
a result of acts of violence, an Act of
Congress, a Federal or State administrative
action, or a judicial order.
''(ii) Whether the membership of the tribe
can demonstrate lineal descendent or cultural
affiliation, in accordance with section 10.14
of title 43, Code of Federal Regulations (or a
successor regulation).
''(iii) The area in which the unique
language of the Indian tribe has been used.
''(iv) The proximity of the land to
culturally significant sites of the Indian
tribe.
''(v) The forcible removal of tribal
members from land as a result of acts of
violence, an Act of Congress, a Federal or
State administrative action, or a judicial
order.
''(vi) Other factors that demonstrate a
temporal presence of the Indian tribe on the
land prior to the first interactions of the
Indian tribe with nonnative individuals, the
Federal Government, or any other sovereign
entity.
''(D) Exceptions.--
''(i) In general.--Subparagraphs (A)
through (C) shall not apply--
''(I) to any land on which gaming
regulated by this Act will not take
place;
''(II) to any land located within,
or contiguous to, the boundaries of the
reservation of an Indian tribe, as of
October 17, 1988;
''(III) if--
''(aa) the relevant Indian
tribe did not have a
reservation on October 17,
1988; and
''(bb) the land is
located--

''(AA) in the State
of Oklahoma and within
the boundaries of the
former reservation of
the Indian tribe, as
defined by the
Secretary, or
contiguous to other
land held in trust or
restricted status by
the United States for
the Indian tribe in the
State of Oklahoma; or

''(BB) in a State
other than Oklahoma and
within the last
recognized reservation
of the Indian tribe in
any State in which the
Indian tribe is
presently located; or

''(IV) if the relevant Indian tribe
has--
''(aa) taken land into
trust during the period
beginning on October 17, 1988,
and ending on the date of
enactment of the Tribal Gaming
Eligibility Act; and
''(bb) has received a
written determination by the
Secretary that the land is
eligible to be used for gaming
under this section.
''(ii) Certain decisions.--
''(I) In general.--Subject to
subclause (II), subparagraphs (A)
through (C) shall not apply to a final
agency decision issued before the date
of enactment of the Tribal Gaming
Eligibility Act.
''(II) Pending applications.--
Subparagraphs (A) through (C) shall
apply to an application that is
pending, but for which a final agency
decision has not been made, as of the
date of enactment of the Tribal Gaming
Eligibility Act.
''(E) Administration.--An action under this
paragraph shall be considered a final administrative
action for purposes of subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly
known as the 'Administrative Procedure Act').''; and
(D) in paragraph (4) (as redesignated by
subparagraph (B)), by striking ''paragraph (2)(B)'' and
inserting ''paragraph (3)(B),''.
Tribal Gaming Eligibility Act - Amends the Indian Gaming Regulatory Act to place restrictions on the conduct of gaming on lands taken into trust for an Indian tribe after October 17, 1988, as part of the settlement of a land claim, initial reservation of a newly recognized tribe, or restoration of lands for a tribe that has its federal recognition restored.

Prohibits gaming on such lands, with specified exceptions, unless the Secretary of the Interior determines that the land is eligible for gaming and the tribe demonstrates: (1) a substantial, direct, modern connection to the land as of October 17, 1988; and (2) a substantial, direct, aboriginal connection to the land. (The Secretary and the state in which the gaming is proposed can still allow gaming on lands acquired for a tribe after October 17, 1988, if they concur that it is in the best interest of the tribe and its members.)