Common Sense Indian Gambling Reform Act - Amends the Indian Gaming Regulatory Act with respect to: (1) consultation with state, local, and tribal governments; (2) tribal gaming ordinances; (3) investigation and approval of the involvement in a gaming activity; and (4) changing use of Indian land.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1260 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1260
To make technical corrections to the Indian Gaming Regulatory Act, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2005
Mr. Vitter introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
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 Representatives 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 of 2005''.
SEC. 2. CONSULTATION WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS.
Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is
amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) the Indian tribe has no reservation as of October 17,
1988, and the land is located in the State of Oklahoma and--
``(A) is within the boundaries of the former
reservation of the Indian tribe, as defined by the
Secretary; or
``(B) is contiguous to other land held in trust or
restricted status by the United States for the benefit
of the Indian tribe in the State of Oklahoma.'';
(2) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``paragraph (2)(B)'' and
inserting ``paragraph (3)(B)''; and
(C) by striking ``(b)(1) Subsection'' and all that
follows through clause (iii) of paragraph (1)(B) and
inserting the following:
``(b) Exceptions.--
``(1) In general.--
``(A) Effect on community.--Subject to subparagraph
(B) and paragraph (2), subsection (a) shall not apply
to Indian lands for which the Secretary, after
consultation with the Indian tribe and officials of all
State, local, and tribal governments that have
jurisdiction over land located within 60 miles of such
Indian lands, determines that a gaming establishment on
that land--
``(i) would be in the best interest of the
Indian tribe and its members; and
``(ii) taking into consideration the
results of a study of the economic impact of
the gaming establishment, would not have a
negative economic impact, or any other negative
effect, on any unit of government, business,
community, or Indian tribe located within 60
miles of the land.
``(B) Concurrence of affected state.--For a
determination of the Secretary under subparagraph (A)
to become valid, the Governor and legislative body of
the State in which a gaming activity is proposed to be
conducted shall concur in the determination.
``(C) Effect of paragraph.--This paragraph shall
not apply to any land on which a gaming facility is in
operation as of the date of enactment of the Common
Sense Indian Gambling Reform Act of 2005.
``(2) Primary nexus.--
``(A) In general.--The land described in paragraph
(1) shall be land--
``(i) within a State in which the Indian
tribe is primarily located, as determined by
the Secretary; and
``(ii) on which the primary geographic,
social, and historical nexus to land of the
Indian tribe is located, as determined in
accordance with subparagraph (B).
``(B) Determination.--For purposes of subparagraph
(A), a geographic, social, and historical nexus to land
of an Indian tribe shall exist with respect to land
that is--
``(i)(I) owned by, or held in trust by the
United States for the benefit of, an Indian
tribe;
``(II) located within the boundaries of--
``(aa) the geographical area, as
designated by the Secretary, in which
financial assistance and social service
programs are provided to the Indian
tribe, including land on or contiguous
to a reservation; or
``(bb) the geographical area
designated by the Indian tribe during
the Federal acknowledgment process of
the Indian tribe as the area in which
more than 50 percent of the members of
the Indian tribe reside in a group
composed exclusively or almost
exclusively of members of the Indian
tribe; and
``(III) located within the geographical
area in which the Indian tribe demonstrates
that the Indian tribe has historically resided,
as determined by the Secretary; or
``(ii) located--
``(I) in a State other than the
State of Oklahoma; and
``(II) within the boundaries of the
last recognized reservation of the
Indian tribe in any State in which the
Indian tribe is located as of the date
on which a determination under this
subparagraph is made.'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following:
``(c) Contiguous Land Requirement.--Notwithstanding any other
provision of this Act, an Indian tribe shall conduct any gaming
activity subject to regulation under this Act on 1 contiguous parcel of
Indian lands.''.
SEC. 3. TRIBAL GAMING ORDINANCES.
Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``, and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) the class II gaming is conducted--
``(i) on lands that were Indian lands
before the date of enactment of this
subparagraph; or
``(ii) on land taken into trust for the
benefit of the Indian tribe after the date of
enactment of this subparagraph, but only if the
application of the Indian tribe requesting that
the land be taken into trust for the benefit of
the Indian tribe stated the intent of the
Indian tribe to conduct class II gaming
activities on the land.''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``such lands,'' and inserting ``the
Indian lands;'';
(II) in clause (ii), by striking
``, and'' and inserting ``; and''; and
(III) in clause (iii), by striking
the comma at the end and inserting a
semicolon;
(ii) in subparagraph (B), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) conducted--
``(i) on lands that were Indian lands
before the date of enactment of this
subparagraph; or
``(ii) on land taken into trust for the
benefit of the Indian tribe after the date of
enactment of this subparagraph, but only if the
application of the Indian tribe requesting that
the land be taken into trust for the benefit of
the Indian tribe stated the intent of the
Indian tribe to conduct class III gaming
activities on the land.''; and
(B) by adding at the end the following:
``(10) Definition of state.--In this subsection, the term
`State' means the Governor of the State and the legislative
body of the State.''.
SEC. 4. INVESTIGATION AND APPROVAL.
(a) Powers of the Chairman.--Section 6(a) of the Indian Gaming
Regulatory Act (25 U.S.C. 2705(a)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) approve or disapprove the involvement in a gaming
activity subject to regulation by the Commission of any 1 of
the 10 persons or entities that have the highest financial
interest in the gaming activity, as identified by the
Commission under section 7(b)(3)(A).''.
(b) Powers of the Commission.--Section 7(b) of the Indian Gaming
Regulatory Act (25 U.S.C. 2706(b)) is amended by striking paragraph (3)
and inserting the following:
``(3) shall--
``(A) identify the 10 persons or entities that have
the highest financial interest (including outstanding
loans, debt-based financing, and other financial
interests) in each gaming activity subject to
regulation by the Commission; and
``(B) conduct a background investigation of--
``(i) each of the persons and entities
identified under subparagraph (A); and
``(ii) any other person or entity, as the
Commission determines to be appropriate.''.
(c) Tribal Gaming Ordinances.--Section 11(b)(2)(F) of the Indian
Gaming Regulatory Act (25 U.S.C. 2710(b)(2)(F)) is amended by striking
clause (i) and inserting the following:
``(i) ensures that--
``(I) a background investigation
will be conducted by the Commission
on--
``(aa) each tribal gaming
commissioner;
``(bb) key tribal gaming
employees, as determined by the
Commission;
``(cc) primary management
officials; and
``(dd) key employees of the
gaming enterprise; and
``(II) oversight of the individuals
described in subclause (I) will be
conducted on an ongoing basis; and''.
(d) 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. 5. CHANGING USE OF INDIAN LAND.
The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is
amended--
(1) by redesignating sections 21 through 24 as sections 22
through 25, respectively; and
(2) by inserting after section 20 the following:
``SEC. 21. CHANGING USE OF INDIAN LANDS.
``Before an Indian tribe uses any Indian lands for purposes of
class II or class III gaming, the Indian tribe shall--
``(1) submit to the Secretary an environmental impact
statement that the Secretary determines to be in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) relating to that use; and
``(2) obtain the consent of the Secretary with respect to
the change in use of the Indian lands.''.
SEC. 6. EFFECT OF ACT.
This Act, and the amendments made by this Act, shall not affect any
compact or other agreement relating to gaming subject to regulation
under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) in
existence on the date of enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Indian Affairs.
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