S 1424 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1424CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

July 27, 2011CommentsClose CommentsPermalink

Mr. MCCAIN (for himself and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Off-Reservation Land Acquisition Guidance Act’.CommentsClose CommentsPermalink

SEC. 2. OFF-RESERVATION LAND ACQUISITION GUIDANCE.

(a) Definition of Off-Reservation Land- In this Act, the term ‘off-reservation land’ means land that is--CommentsClose CommentsPermalink





(1) located outside of, and noncontiguous to, the reservation of an Indian tribe;CommentsClose CommentsPermalink





(2) likely to qualify for, result in, or be associated with the development of an Indian gaming facility; andCommentsClose CommentsPermalink





(3) located beyond a reasonable commuting distance from the reservation of that Indian tribe.CommentsClose CommentsPermalink





(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 (25 U.S.C. 465) (commonly known as the ‘Indian Reorganization Act’), the Secretary shall evaluate--CommentsClose CommentsPermalink





(1) the anticipated benefits to the Indian tribe associated with taking the off-reservation land into trust; andCommentsClose CommentsPermalink





(2) any concerns raised by applicable State and local governments relating to the acquisition of the off-reservation land.CommentsClose CommentsPermalink





(c) Evaluation-CommentsClose CommentsPermalink





(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





(A) the impacts of taking the applicable off-reservation land into trust on the on-reservation unemployment rate;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





(A) whether the transfer of jurisdiction to the Indian tribe over the parcel is likely to disrupt established local governmental operations;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





(D) the compatibility of the anticipated use of the land with the zoning and land use requirements of the applicable State and local governments;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





(F) any potential incompatible use between the anticipated use of the land and adjacent or contiguous land zoned or used for--CommentsClose CommentsPermalink





(i) national parks;CommentsClose CommentsPermalink





(ii) national monuments;CommentsClose CommentsPermalink





(iii) conservation areas;CommentsClose CommentsPermalink





(iv) national fish and wildlife refuges;CommentsClose CommentsPermalink





(v) daycare centers;CommentsClose CommentsPermalink





(vi) schools;CommentsClose CommentsPermalink





(vii) churches; orCommentsClose CommentsPermalink





(viii) residential developments.CommentsClose 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 (25 U.S.C. 465) (commonly known as the ‘Indian Reorganization Act’) shall disclose and submit to the Secretary--CommentsClose CommentsPermalink





(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





(2) a request for a written opinion from the Office of Indian Gaming that the off-reservation land is eligible for gaming; andCommentsClose CommentsPermalink





(3) any other information the Secretary requires in determining whether to take the off-reservation land into trust for the benefit of the Indian tribe.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 (25 U.S.C. 45) (commonly known as the ‘Indian Reorganization Act’), unless the Secretary determines that--CommentsClose CommentsPermalink





(1) the Indian tribe has adequately addressed the concerns identified in the written assessments under subsection (c)(2);CommentsClose CommentsPermalink





(2) the Indian tribe has provided the information required under subsection (d); andCommentsClose CommentsPermalink





(3) the proposed use of the land by the Indian tribe is compatible with State and local requirements for planning and zoning and public health and safety.CommentsClose CommentsPermalink

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