S 771 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 771CommentsClose CommentsPermalink

To amend the Indian Gaming Regulatory Act to modify a provision relating to gaming on land acquired after October 17, 1988.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

April 8, 2011CommentsClose CommentsPermalink

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

A BILLCommentsClose CommentsPermalink

To amend the Indian Gaming Regulatory Act to modify a provision relating to gaming on land acquired after October 17, 1988.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 ‘Tribal Gaming Eligibility Act’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by striking the section designation and heading and all that follows through ‘(a) Except’ and inserting the following:CommentsClose CommentsPermalink

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

‘(a) In General- Except’; andCommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)(B), in the matter preceding clause (i), by inserting ‘subject to paragraph (2),’ before ‘lands are taken’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;CommentsClose CommentsPermalink





(C) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) APPLICABILITY TO CERTAIN LAND-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) has received a written determination by the Secretary that the land is eligible to be used for gaming under this section; andCommentsClose CommentsPermalink





‘(ii) demonstrates--CommentsClose CommentsPermalink





‘(I) in accordance with subparagraph (B), a substantial, direct, modern connection to the land taken into trust, as of October 17, 1988; andCommentsClose CommentsPermalink





‘(II) in accordance with subparagraph (C), a substantial, direct, aboriginal connection to the land taken into trust.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) if the Indian tribe has a reservation--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(ii) if the Indian tribe does not have a reservation--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(BB) the Indian tribe is not conducting any gaming activity on any other land.CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(iii) The area in which the unique language of the Indian tribe has been used.CommentsClose CommentsPermalink





‘(iv) The proximity of the land to culturally significant sites of the Indian tribe.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(D) EXCEPTIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Subparagraphs (A) through (C) shall not apply--CommentsClose CommentsPermalink





‘(I) to any land on which gaming regulated by this Act will not take place;CommentsClose CommentsPermalink





‘(II) to any land located within, or contiguous to, the boundaries of the reservation of an Indian tribe, as of October 17, 1988;CommentsClose CommentsPermalink





‘(III) if--CommentsClose CommentsPermalink

‘(aa) the relevant Indian tribe did not have a reservation on October 17, 1988; andCommentsClose CommentsPermalink

‘(bb) the land is located--CommentsClose CommentsPermalink

‘(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; orCommentsClose CommentsPermalink

‘(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; orCommentsClose CommentsPermalink

‘(IV) if the relevant Indian tribe has--CommentsClose CommentsPermalink

‘(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; andCommentsClose CommentsPermalink

‘(bb) has received a written determination by the Secretary that the land is eligible to be used for gaming under this section.CommentsClose CommentsPermalink

‘(ii) CERTAIN DECISIONS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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’).’; andCommentsClose CommentsPermalink





(D) in paragraph (4) (as redesignated by subparagraph (B)), by striking ‘paragraph (2)(B)’ and inserting ‘paragraph (3)(B),’.CommentsClose CommentsPermalink