[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3289 Introduced in House (IH)]

  2d Session
                                H. R. 3289

   To grant jurisdiction to the States over new gambling activities 
                       conducted on Indian lands.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 1996

 Mr. Browder introduced the following bill; which was referred to the 
                         Committee on Resources

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                                 A BILL


 
   To grant jurisdiction to the States over new gambling activities 
                       conducted on Indian lands.

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

SECTION 1. GRANT OF JURISDICTION TO STATES OVER NEW GAMBLING ACTIVITIES 
              CONDUCTED ON INDIAN LANDS.

    The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is 
amended by adding at the end the following:

                ``application of act; state jurisdiction

    ``Sec. 25. (a) All class I, II, and III gaming activities that are 
subject to this Act as of the date of enactment of this section and 
that are conducted on Indian lands shall continue to be subject to this 
Act (other than subsection (b) of this section) after such date. Any 
expansion of such existing class I or II gaming activities after such 
date shall likewise be subject to this Act.
    ``(b)(1) Except as provided by subsection (a), each of the States 
shall have jurisdiction over all class I, II, and III gaming conducted 
on Indian lands after the date of the enactment of this section to the 
same extent that such State has jurisdiction over gambling elsewhere 
within the State. The laws of the State relating to gambling shall have 
the same force and effect within such Indian lands as they have 
elsewhere within the State.
    ``(2) Except with respect to proceeds directly related to class I, 
II, and III gaming conducted on Indian lands pursuant to paragraph (1), 
nothing in this subsection shall be construed to authorize the 
alienation, encumbrance, or taxation of any real or personal property, 
including water rights, belonging to any Indian or any Indian tribe 
that is held in trust by the United States or is subject to a 
restriction against alienation imposed by the United States.
    ``(3) An Indian tribe may not use sovereign immunity as a defense 
to any action brought by a State as a result of this subsection to 
enforce the laws and regulations of the State relating to gambling.''.
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