[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 962 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 962

   To amend the Indian Gaming Regulatory Act with respect to certain 
gaming practices on tribal lands held in trust by the Secretary of the 
                   Interior, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 1997

   Mr. Bond introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Indian Gaming Regulatory Act with respect to certain 
gaming practices on tribal lands held in trust by the Secretary of the 
                   Interior, 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 ``Gaming Clarification Act of 1997''.

SEC. 2. LAND BASED GAMING PROHIBITION OF THE CONSTITUTION OF THE STATE 
              OF MISSOURI.

    Section 20(b) of the Indian Gaming Regulatory Act (25 U.S.C. 
2719(b)) is amended by adding at the end the following:
    ``(4) Section 39(e) of article III of the Constitution of the State 
of Missouri, which authorizes the legislature of the State to permit 
games of chance only upon the Missouri River or the Mississippi River, 
conducted on excursion gambling boats and floating facilities--
            ``(A) is a prohibitory measure; and
            ``(B) may not be construed to permit land-based class III 
        gaming of any kind for any purpose.''.

SEC. 3. APPLICABILITY OF RESTRICTIONS.

    Section 20(b) of the Indian Gaming Regulatory Act (25 U.S.C. 
2719(b)), as amended by section 2, is further amended by adding at the 
end the following:
    ``(5) Notwithstanding any other provision of this subsection, 
subsection (a) shall apply to any lands acquired by the Secretary in 
trust for the benefit of an Indian tribe after the date specified in 
that subsection, if, at the time of the taking of those lands into 
trust, those lands are located outside of the State in which the Indian 
tribe is located.''.

SEC. 4. DECLARATION OF INTENT TO CONDUCT GAMING.

    Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 4719) is 
amended by adding at the end the following:
    ``(e) Declaration of Intent to Conduct Gaming.--
            ``(1) In general.--Except as provided in paragraph (2), 
        notwithstanding any other provision of law, including any other 
        provision of this Act, lands taken into trust for an Indian 
        tribe after the date of enactment of the Gaming Clarification 
        Act of 1997, shall not, for the purposes of this Act, be 
        considered to be Indian lands upon which class II or class III 
        gaming may be conducted in accordance with this Act.
            ``(2) Exception.--With respect to trust lands described in 
        paragraph (1) of an Indian tribe, class II or class III gaming 
        may be conducted on those lands in accordance with this Act 
        if--
                    ``(A) the Indian tribe submits an application to 
                the Secretary of the Interior that contains an explicit 
                declaration of the intent of the Indian tribe to 
                conduct gaming on those lands; and
                    ``(B) the Secretary of the Interior, in accordance 
                with procedures established by the Secretary, including 
                reviewing the applicability of subsection (b)(4), 
                approves the declaration contained in the petition.''.
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