Amends the Indian Gaming Regulatory Act to define initial reservation (geographical area) and consultation (with State, local, and tribal governments within 50 miles of land proposed to be taken into trust for a gaming facility).
Revises consultation requirements for an exception to gaming restrictions on certain land. Specifies that the State or local governments or nearby Indians tribes with which the Secretary of the Interior is required to consult on a proposed gaming establishment must have jurisdiction over land located within 50 miles of the land proposed to be taken into trust for the establishment. Declares as a favorable determination alternative to the currently required best interest of the Indian tribe and its members, with no detriment to the surrounding community, that the gaming establishment would not have a negative economic impact on businesses, governments, or Indian tribes within a 50 mile radius of the land proposed to be taken into trust.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4734 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4734
To amend the Indian Gaming Regulatory Act to include a definition of
initial reservation and consultation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2004
Mr. John introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To amend the Indian Gaming Regulatory Act to include a definition of
initial reservation and consultation, 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. DEFINITIONS OF INITIAL RESERVATION AND CONSULTATION.
Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703) is
amended by adding at the end the following new paragraphs:
``(11) The term `initial reservation' means Indian lands
within one or more of the following:
``(A) The geographical area designated by the
Assistant Secretary where financial assistance and
social services programs are provided to that Indian
tribe. Such a geographical area may include land on a
reservation, near reservation, or any other
geographical location.
``(B) The geographical area designated by the
Indian tribe during the Federal acknowledgement process
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.
``(C) The geographical area in which it can be
demonstrated that the Indian tribe has historically
resided.
``(12) The term `consultation' means, at a minimum, the
following:
``(A) A procedure whereby State, local, and tribal
governments with jurisdiction over land within 50 miles
of the land proposed to be taken into trust are
provided actual notice of the proposed land acquisition
and an opportunity to provide comments on that
proposal. Such notice shall include information on the
proposed location of the gaming facility, the proposed
scope of the gaming activity, the proposed size of the
facility, and other relevant information as determined
by the Secretary. The notice shall solicit comments
from the State, local, and tribal governments on the
potential effects of the proposal and include
notification that comments are to be received not later
than 60 days after the notice, with the possibility of
a 60-day extension, upon request. Such comments shall
be addressed in writing to the Secretary of the
Interior or the appropriate departmental official.
``(B) After expiration of the comment period and
prior to the Secretary's determination, the Secretary
or the appropriate departmental official must notify
the applicant Indian tribe and State, local, and tribal
governments with jurisdiction over land within 50 miles
of the land proposed to be taken into trust of the
status of the application and inform them that they
may, within 30 days of receipt of the notice, request
that the Secretary or the appropriate departmental
official hold a hearing for the purpose of discussing
the merits of the application. The hearing record will
be available to any participating party and become part
of the record considered by the Secretary in reaching a
final determination.''.
SEC. 2. CLARIFICATION REGARDING CONDITIONS REQUIRED FOR EXCEPTION TO
GAMING RESTRICTIONS ON CERTAIN LAND.
Section 20(b)(1)(A) of the Indian Gaming Regulatory Act (25 U.S.C.
2719(b)(1)(A)) is amended--
(1) by striking ``appropriate State and local officials,
including officials of other nearby Indian tribes'' and
inserting ``officials of any State or local government or
Indian tribe with jurisdiction over land located within 50
miles of the land proposed to be taken into trust''; and
(2) by inserting ``or would not have a negative economic
impact on businesses, governments, or Indian tribes within a 50
mile radius of the land proposed to be taken into trust'' after
``would not be detrimental to the surrounding community''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1281)
Referred to the House Committee on Resources.
Executive Comment Requested from Interior.
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