11/02/2005

From: alra@governance.net
Subject: New Pombo Reservation Shopping Bill

Land Rights Network
American Land Rights Association
PO Box 400  Battle Ground, WA 98604
Phone: 360-687-3087  Fax: 360-687-2973 
E-mail: alra@landrights.org or alra@governance.net 
Web Address: http://www.landrights.org 
Legislative Office: 507 Seward Square SE  Washington, DC 20003

New Pombo Reservation Shopping Bill

[DISCUSSION DRAFT]


109TH CONGRESS   H.R. __________
                           1ST SESSION

TO AMEND THE Indian Gaming Regulatory Act to restrict off-reservation gaming, and for other purposes.

_______________________


IN THE HOUSE OF REPRESENTATIVES

Mr. Pombo introduced the following bill; which was referred to the Committee

on________________________

  __________________________


A BILL

To amend the Indian Gaming Regulatory Act to restrict off-reservation gaming, and for other purposes.

	Be it enacted by the Senate and House of Representatives 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 to any Indian tribe that is newly recognized, restored, or landless as of the date of enactment of this [bill] including those newly recognized under the Federal Acknowledgement Process at the Bureau of Indian Affairs, if 

	(A)  the Secretary determines that the lands, acquired in trust for the benefit of the Indian tribe for the purposes of gaming, are lands within the State of such tribe, and are where the Indian tribe has its primary geographic, social and historical nexus to the land;

	(B)  the Secretary determines that the proposed gaming activity is in the best interest of the Indian tribe and its tribal members, and 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 conducted concur;

	(D)  the nearby Indian tribes concur; and

	(E)  the county or parish with authority over land that is contiguous to the lands acquired in trust for the benefit of the Indian tribe for the purposes of gaming approve by approve by a majority vote in a  county of parish referendum.; and

	(2)  by adding at the end the following new subsections:

	(e)(1)  In order to consolidate class II gaming and class III gaming development, an Indian tribe may invite one or more other Indian tribes to participate in or benefit from gaming conducted  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 inviting 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, and historical nexus to land within the State in which the Indian land of the inviting Indian tribe is located.

	(2)  Notwithstanding any other provision of law, an Indian tribe invited to conduct class II gaming or class III gaming under paragraph (1) may do so under authority of a lease with the inviting Indian tribe, which lease shall be lawful without the review of approval of the Secretary and which lease 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, provided that in no case may the total payments to the inviting 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 Tribal-State compact) of the gaming activity conducted by the invited Indian tribe.

(5)  Conduct of gaming by an invited Indian tribe on lands leased from an inviting Indian tribe under this subsection shall be deemed by the Secretary and the Commission to be conducted under the Act upon Indian lands 

	(A)  of the invited Indian tribe;

	(B)  within the jurisdiction of the invited Indian tribe; and

	(C)  over which the invited Indian tribe has and exercises governmental power.

(f)  Notwithstanding any other provision of this Act, an Indian tribe shall not conduct gaming regulated 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 s reservation of that Indian tribe in the State..  SEC. 2. STATUTORY CONSTRUCTION.

	The amendment made by paragraph (1) of section 1 shall be applied prospectively.  Compacts or other agreements that govern gaming regulated by this Act on Indian lands that were in effect on the date of the enactment of this Act shall not be affected by the amendments made by paragraph (1) of section 1 of this Act.


		





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