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S.1424 - Off-Reservation Land Acquisition Guidance Act
A bill to clarify the responsibilities of the Secretary of the Interior in making a determination whether to take off-reservation land into trust for gaming purposes.
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SECTION 1. SHORT TITLE.
SEC. 2. OFF-RESERVATION LAND ACQUISITION GUIDANCE.
(b) Procedure- Before determining whether to take off-reservation land into trust for the benefit of an Indian tribe under section 5 of the Act of June 18, 1934 (
(1) BENEFIT TO TRIBE- In evaluating the anticipated benefits to the Indian tribe of taking a parcel of off-reservation land into trust, the Secretary shall prepare a report that includes an assessment of--CommentsClose CommentsPermalink
(B) the impacts of taking the applicable off-reservation land into trust on reservation life and tribal membership if the members, dependents, and descendants of the Indian tribe relocate to the off-reservation land or adjacent communities;CommentsClose CommentsPermalink
(C) the specific on-reservation benefits of taking the off-reservation land into trust, including an assessment of whether on-reservation jobs will be created and, if so, the quantity of jobs expected to be created; andCommentsClose CommentsPermalink
(D) whether the tribal government can efficiently exercise the governmental and regulatory responsibilities of the tribal government if a gaming facility is constructed on the off-reservation land.CommentsClose CommentsPermalink
(2) STATE AND LOCAL CONCERNS- In evaluating any concerns raised by applicable State and local governments relating to taking a parcel of off-reservation land into trust, the Secretary shall prepare a report that includes an assessment of--CommentsClose CommentsPermalink
(B) potential impacts on real property taxes and special assessments on adjacent land and property, including any impact on State and local governments resulting from the exemption of the parcel from the taxation;CommentsClose CommentsPermalink
(C) whether the Indian tribe has submitted intergovernmental agreements necessary to address State and local government concerns, including agreements regarding law enforcement jurisdiction on the parcel;CommentsClose CommentsPermalink
(E) traffic, noise, and other negative effects on development associated with, or generated by, the anticipated use of the land, including any impact on local water resources and water and wastewater infrastructure; andCommentsClose CommentsPermalink
(d) Submission From Indian Tribe- The Indian tribe requesting off-reservation land to be taken into trust under section 5 of the Act of June 18, 1934 (
(1) any plan, contract, agreement, or other information relating to the use, or intended use, of the off-reservation land by the Indian tribe, along with written documentation of the plan, contract, or agreement;CommentsClose CommentsPermalink
(e) Applicability- The Secretary shall not take the applicable off-reservation land into trust under section 5 of the Act of June 18, 1934 (
SEC. 3. STAY OF DECISIONMAKING.
(a) In General- Unless explicitly required by an Act of Congress, the Secretary shall not approve any application for taking off-reservation land into trust that is pending on the date of enactment of this Act until the date on which the Secretary promulgates regulations to carry out this Act.CommentsClose CommentsPermalink
(b) Future Effect- All applications for taking off-reservation land into trust that are pending on the date of enactment of this Act shall be subject to the provisions of the regulations described in subsection (a).CommentsClose CommentsPermalink