[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1805 Referred in Senate (RFS)]

  1st Session
                                H. R. 1805


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 1997

                                Received

                           November 13, 1997

       Read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 AN ACT


 
 To amend the Auburn Indian Restoration Act to establish restrictions 
   related to gaming on and use of land held in trust for the United 
Auburn Indian Community of the Auburn Rancheria of California, 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. SHORT TITLE.

    This Act may be cited as the ``Auburn Indian Restoration Amendment 
Act''.

SEC. 2. RESTRICTIONS ON GAMING.

    Section 202 of the Auburn Indian Restoration Act (25 U.S.C. 1300l) 
is amended by adding at the end the following new subsection:
    ``(g) Gaming.--
            ``(1) Class II and class III gaming activities shall be 
        lawful only on one parcel of land, which shall be taken into in 
        trust for the Tribe pursuant to section 204(a)(1), but only 
        if--
                    ``(A) prior to the time such parcel is taken into 
                trust, the Tribe and the local government of the 
                political jurisdiction in which the parcel is located 
                have entered into a compact as required by section 
                204(e);
                    ``(B) the gaming facility and related 
                infrastructure on such parcel of land are located at 
                least 2 miles from any church, school, or residence 
                which was constructed in a residential zone and which 
                existed on the date of the introduction to the House of 
                Representatives of the Auburn Indian Restoration 
                Amendment Act (June 5, 1997);
                    ``(C) such parcel of land is specifically taken 
                into trust for class II and class III gaming 
                activities; and
                    ``(D) such parcel of land is not part of the land 
                identified in section 204(b).
            ``(2) If the State of California finds that class III 
        gaming activities have been established in violation of the 
        requirements of the Indian Gaming Regulatory Act (25 U.S.C. 
        2701 et seq.) on land held in trust for the Tribe, the State 
        may institute an action in a court of competent jurisdiction 
        for injunctive relief to enjoin all class II and class III 
        gaming activities. If a court of competent jurisdiction 
        determines, by a preponderance of the evidence, that Class III 
        gaming activity has been established in violation of the 
        requirements of the Indian Gaming Regulatory Act (25 U.S.C. 
        2701 et seq.) on land held in trust for the Tribe, all Class II 
        and Class III gaming activities shall be unlawful on land held 
        in trust for the Tribe and any such activities may be enjoined 
        by such court. The Tribe shall not raise sovereign immunity as 
        a defense to any such action or to the enforcement or execution 
        of a judgment resulting from such action.
            ``(3) Except as provided herein, nothing in this Act shall 
        negate or diminish in any way the Tribe's obligation to comply 
        with all provisions of the Indian Gaming Regulatory Act (25 
        U.S.C. 2701 et seq.).''.

SEC. 3. RESTRICTIONS ON LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken Into Trust.--Section 204(a) of the Auburn 
Indian Restoration Act (25 U.S.C. 1300l-2) is amended to read as 
follows:
    ``(a) Lands To Be Taken Into Trust.--(1) Upon request of the tribe, 
the Secretary shall accept forthwith for the benefit of the Tribe any 
real property located in Placer County, California, if--
            ``(A) the property is conveyed or otherwise transferred to 
        the Secretary;
            ``(B) at the time of the conveyance or transfer pursuant to 
        subparagraph (A), there are no adverse legal claims on such 
        property, including outstanding liens, mortgages, or taxes 
        owed; and
            ``(C) prior to the Secretary accepting the property the 
        Tribe was in compliance with section 202(g)(1) and 202(g)(3), 
        and subsections (d) and (e) of this section.
    ``(2) The Secretary may accept, subject to the provisions of this 
Act, any additional acreage in the Tribe's service area pursuant to the 
authority of the Secretary, for nongaming related activities or 
nonresidential purposes under the Act of June 18, 1934 (25 U.S.C. 461 
et seq.), provided that the primary function of such additional acreage 
shall not be the furtherance of gaming activities.''.
    (b) Use of Land Taken Into Trust for Nongaming Purposes.--Section 
204 of the Auburn Indian Restoration Act (25 U.S.C. 1300l-2) is amended 
by adding at the end the following new subsections:
    ``(d) Use of Land Taken Into Trust for Nongaming Purposes.--(1) A 
parcel of real property taken into trust for the Tribe pursuant to the 
provisions of section 204(a) (1) or (2), for purposes other than class 
II or class III gaming activities, may only be used and developed in a 
manner consistent with and in compliance with all general and community 
plans and zoning ordinances of the local government of the political 
jurisdiction in which the land to be taken into trust is located which 
are in effect at the time that the land is taken into trust, and any 
other provisions agreed to in the compact required by subsection (e).
    ``(2)(A) In addition to the former trust lands referred to in 
subsection (b), the Tribe may acquire one parcel of land for 
residential purposes pursuant to section 204 (a)(1) and (d)(1).
    ``(B) Any additional real property taken into trust for the Tribe 
for residential purposes pursuant to section 204 (a)(2) and (d)(1) 
shall be contiguous to the initial parcel.
    ``(C) Except as provided in subsection (b), the Secretary shall not 
take any real property into trust for residential purposes for 
individual members of the Tribe.
    ``(e) Compact Required.--(1) After the date of the enactment of the 
Auburn Indian Restoration Amendment Act, the Secretary shall not take 
any land into trust for the Tribe until the Tribe and the local 
government of the political jurisdiction in which the land to be taken 
into trust is located have entered into a written compact, which the 
parties shall negotiate in good faith and in a timely manner, and which 
shall include provisions relating to--
            ``(A) location and permissible use of the land to be taken 
        into trust;
            ``(B) an agreed upon environmental study which provides for 
        the mitigation of any environmental impacts of the proposed 
        development and uses of the land to be taken into trust, and 
        that any mitigation required shall be similar in scope and 
        content to that which would be required of other non-tribal 
        applicants in the local government of the political 
        jurisdiction;
            ``(C) law enforcement jurisdictional responsibilities and 
        other public services to be provided on the land, consistent 
        with other Federal laws, including any reasonable compensation 
        to the local government of the political jurisdiction for the 
        services and impacts;
            ``(D) the impact of the removal of the land from the tax 
        rolls;
            ``(E) building and design standards for any structures 
        proposed to be built on the land, including provisions that 
        such structures shall be built in accordance with standards 
        similar in scope and content to those required of non-tribal 
        applicants in the local jurisdiction; and
            ``(F) such additional matters as the parties may agree.
    ``(2) The local government of the political jurisdiction in which 
the land to be taken into trust is located shall--
            ``(A) provide notice of the Tribe's proposal and the terms 
        of the local compact to the public, the State, and the 
        governing bodies of any other local governments in Placer 
        County, California;
            ``(B) provide the recipients of the notice given under 
        subparagraph (A) with a period of 45 days in which to provide 
        comments; and
            ``(C) take comments provided under subparagraph (B) into 
        consideration and address them before entering into a local 
        compact.
    ``(3) The Tribe and the local jurisdiction shall negotiate the 
compact required by this subsection in good faith.
    ``(f) Binding Arbitration.--(1) If a dispute arises regarding--
            ``(A) the non-compliance of the Tribe or the local 
        jurisdiction with subsection (e)(3);
            ``(B) the terms of a compact negotiated pursuant to 
        subsection (e); or
            ``(C) the alleged violation of a compact negotiated 
        pursuant to subsection (e),
the Tribe or the local government of the political jurisdiction in 
which the real property relevant to the dispute is located may submit 
the dispute to binding arbitration under the United States Arbitration 
Act (9 U.S.C. 1 et seq.). The Tribe shall not raise sovereign immunity 
as a defense to arbitration or the enforcement of any arbitration award 
or any judgment based thereon, and all parties expressly agree to 
comply with such awards and judgments.
    ``(2) If the Tribe or the local government of the political 
jurisdiction in which the real property relevant to the dispute is 
located elects to submit a dispute to arbitration pursuant to paragraph 
(1), an arbitration board shall be established to conduct the 
arbitration and shall consist of--
            ``(A) one independent member selected by the Tribe;
            ``(B) one independent member selected by the local 
        government of the political jurisdiction in which the land 
        relevant to the dispute is located; and
            ``(C) one member selected by the members selected pursuant 
        to subparagraphs (A) and (B). If the members selected pursuant 
        to subparagraphs (A) and (B) are unable to agree upon a third 
        member within 20 days after selection of the other members, the 
        presiding judge of the Placer County Superior Court shall 
        select the third member.
    ``(3) The costs of an arbitration proceeding under this subsection, 
not including attorneys' fees, shall be awarded to the prevailing party 
in the arbitration as determined by the arbitration board.
    ``(4) The decision of the arbitration board shall be final and 
implemented subject only to judicial review as provided for in the 
United States Arbitration Act (9 U.S.C. 1 et seq.).
    ``(g) Terms Enforceable.--The terms of subsections (d) and (e) are 
specifically enforceable in a court of competent jurisdiction by the 
Tribe and the local government of the political jurisdiction in which 
the land relevant to a dispute is located against the other. The Tribe 
shall not raise its sovereign immunity as a defense to such an action 
or the enforcement or execution of any judgment resulting from such 
action.''.

SEC. 4. DEFINITIONS.

    Section 208 of the Auburn Indian Restoration Act (25 U.S.C. 1300l-
6) is amended by adding at the end the following new paragraphs:
            ``(8) The term `class II gaming' has the meaning given that 
        term in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
        seq.).
            ``(9) The term `class III gaming' has the meaning given 
        that term in the Indian Gaming Regulatory Act (25 U.S.C. 2701 
        et seq.).''.

            Passed the House of Representatives November 9, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.