[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5494 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5494

   To ensure that certain property which was taken into trust by the 
 United States for the benefit of the Poarch Band of Creek Indians of 
  Alabama to protect such land from development shall not be used for 
                                gaming.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 2000

Mr. Riley (for himself and Mr. Everett) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To ensure that certain property which was taken into trust by the 
 United States for the benefit of the Poarch Band of Creek Indians of 
  Alabama to protect such land from development shall not be used for 
                                gaming.

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

SECTION 1. GAMING PROHIBITED.

    (a) Findings.--Congress finds the following:
            (1) Hickory Ground is of major historical significance to 
        the Muscogee (Creek) Nation.
            (2) Hickory Ground was conveyed to the Poarch Band of Creek 
        Indians specifically to prevent desecration of the property.
            (3) The original application by the Poarch Band of Creek 
        Indians for funds to acquire Hickory Ground clearly states that 
        ``Acquisition will prevent development on the property.''.
            (4) The Poarch Band of Creek Indians agreed to the covenant 
        placed upon the title of Hickory Ground which specifically 
        prohibits all development of the property which would threaten 
        or damage the site as an archeological resource.
            (5) The development of a gaming operation will adversely 
        affect the Hickory Ground archeological site.
    (b) Prohibition.--Class II and class III gaming shall not be 
allowed on Hickory Ground.
    (c) Enforcement.--
            (1) Investigation.--Not later than 14 days after receiving 
        a written notice from the Governor of Alabama that class II 
        gaming or class III gaming is being conducted on Hickory 
        Ground, the Attorney General shall conduct an investigation to 
        determine whether or not such gaming is being conducted on such 
        land. The Attorney General shall complete the investigation 
        required under this paragraph not more than 45 days after 
        receiving notice under the previous sentence.
            (2) Action.--If the Attorney General determines that class 
        II gaming or class III gaming is being conducted on Hickory 
        Ground, the Attorney general shall--
                    (A) immediately file in Federal court for 
                injunctive relief to enforce subsection (b); and
                    (B) take any other action against persons involved 
                in class II gaming or class III gaming available under 
                Federal law, including the Gambling Devices 
                Transportation Act (commonly known as the Johnson Act; 
                15 U.S.C. 1175) and the Organized Crime Control Act (18 
                U.S.C. 1955).
    (d) Definitions.--For the purposes of this section, the following 
definitions apply:
            (1) Class ii gaming; class iii gaming.--The terms ``class 
        II gaming'' and ``class III gaming'' have the meanings given 
        those terms in section 4 of the Indian Gaming Regulatory Act 
        (25 U.S.C. 2703).
            (2) Hickory ground.--The term ``Hickory Ground'' means that 
        land located within the exterior boundaries of Elmore County, 
        Alabama, that is held in trust by the United States as of the 
        date of the enactment of this section for benefit of the Poarch 
        Band of Creek Indians of Alabama (also known as the Poarch Band 
        of Creeks).
                                 <all>