1.This Act may be cited as the
Common Sense Indian Gambling Reform
Act of 2005
.
2.Consultation with
State, local, and tribal governmentsSection 20 of the Indian Gaming Regulatory
Act (25 U.S.C. 2719) is amended—
(1)in subsection (a), by striking paragraph
(2) and inserting the following:
(2)the Indian tribe has no reservation as of
October 17, 1988, and the land is located in the State of Oklahoma and—
(A)is within the boundaries of the former
reservation of the Indian tribe, as defined by the Secretary; or
(B)is contiguous to other land held in trust
or restricted status by the United States for the benefit of the Indian tribe
in the State of
Oklahoma.
;
(2)in subsection (b)—
(A)by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B)in paragraph (4) (as redesignated by
subparagraph (A)), by striking paragraph (2)(B)
and inserting
paragraph (3)(B)
; and
(C)by striking (b)(1)
Subsection
and all that follows through clause (iii) of paragraph
(1)(B) and inserting the following:
(b)
(1)
(A)Subject to
subparagraph (B) and paragraph (2), subsection (a) shall not apply to Indian
lands for which the Secretary, after consultation with the Indian tribe and
officials of all State, local, and tribal governments that have jurisdiction
over land located within 60 miles of such Indian lands, determines that a
gaming establishment on that land—
(i)would be in the best interest of the Indian
tribe and its members; and
(ii)taking into consideration the results of a
study of the economic impact of the gaming establishment, would not have a
negative economic impact, or any other negative effect, on any unit of
government, business, community, or Indian tribe located within 60 miles of the
land.
(B)Concurrence of
affected StateFor a
determination of the Secretary under subparagraph (A) to become valid, the
Governor and legislative body of the State in which a gaming activity is
proposed to be conducted shall concur in the determination.
(C)This paragraph
shall not apply to any land on which a gaming facility is in operation as of
the date of enactment of the Common Sense
Indian Gambling Reform Act of 2005.
(2)
(A)The land described in
paragraph (1) shall be land—
(i)within a State in which the Indian tribe is
primarily located, as determined by the Secretary; and
(ii)on which the primary geographic, social,
and historical nexus to land of the Indian tribe is located, as determined in
accordance with subparagraph (B).
(B)For purposes of subparagraph (A), a
geographic, social, and historical nexus to land of an Indian tribe shall exist
with respect to land that is—
(i)(I)owned by, or held in trust by the United
States for the benefit of, an Indian tribe;
(II)located within the boundaries of—
- (aa)the geographical area, as designated by the
Secretary, in which financial assistance and social service programs are
provided to the Indian tribe, including land on or contiguous to a reservation;
or
- (bb)the geographical area designated by the
Indian tribe during the Federal acknowledgment process of the Indian tribe 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; and
(III)located within the geographical area in
which the Indian tribe demonstrates that the Indian tribe has historically
resided, as determined by the Secretary; or
(ii)located—
(I)in a State other than the State of
Oklahoma; and
(II)within the boundaries of the last
recognized reservation of the Indian tribe in any State in which the Indian
tribe is located as of the date on which a determination under this
subparagraph is
made.
;
(3)by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(4)by inserting after subsection (b) the
following:
(c)Contiguous land
requirementNotwithstanding
any other provision of this Act, an Indian tribe shall conduct any gaming
activity subject to regulation under this Act on 1 contiguous parcel of Indian
lands.
.
3.Section 11 of the
Indian Gaming Regulatory Act (25 U.S.C. 2710) is amended—
(1)in subsection (b)(1)—
(A)in subparagraph (A), by striking ,
and
and inserting a semicolon;
(B)in subparagraph (B), by striking the period
at the end and inserting ; and
; and
(C)by adding at the end the following:
(C)the class II gaming is conducted—
(i)on lands that were Indian lands before the
date of enactment of this subparagraph; or
(ii)on land taken into trust for the benefit of
the Indian tribe after the date of enactment of this subparagraph, but only if
the application of the Indian tribe requesting that the land be taken into
trust for the benefit of the Indian tribe stated the intent of the Indian tribe
to conduct class II gaming activities on the
land.
;
and
(2)in subsection (d)—
(A)in paragraph (1)—
(i)in subparagraph (A)—
(I)in clause (i), by striking such
lands,
and inserting the Indian lands;
;
(II)in clause (ii), by striking ,
and
and inserting ; and
; and
(III)in clause (iii), by striking the comma at
the end and inserting a semicolon;
(ii)in subparagraph (B), by striking ,
and
and inserting a semicolon;
(iii)in subparagraph (C), by striking the period
at the end and inserting ; and
; and
(iv)by adding at the end the following:
(D)conducted—
(i)on lands that were Indian lands before the
date of enactment of this subparagraph; or
(ii)on land taken into trust for the benefit of
the Indian tribe after the date of enactment of this subparagraph, but only if
the application of the Indian tribe requesting that the land be taken into
trust for the benefit of the Indian tribe stated the intent of the Indian tribe
to conduct class III gaming activities on the
land.
;
and
(B)by adding at the end the following:
(10)In this subsection, the
term State means the Governor of the State and the legislative
body of the
State.
.
4.Investigation and
approval
(a)Section 6(a) of the
Indian Gaming Regulatory Act (25 U.S.C. 2705(a)) is amended—
(1)in paragraph (3), by striking
and
at the end;
(2)in paragraph (4), by striking the period at
the end and inserting ; and
; and
(3)by adding at the end the following:
(5)approve or disapprove the involvement in a
gaming activity subject to regulation by the Commission of any 1 of the 10
persons or entities that have the highest financial interest in the gaming
activity, as identified by the Commission under section
7(b)(3)(A).
.
(b)Section 7(b) of
the Indian Gaming Regulatory Act (25 U.S.C. 2706(b)) is amended by striking
paragraph (3) and inserting the following:
(3)shall—
(A)identify the 10 persons or entities that
have the highest financial interest (including outstanding loans, debt-based
financing, and other financial interests) in each gaming activity subject to
regulation by the Commission; and
(B)conduct a background investigation
of—
(i)each of the persons and entities identified
under subparagraph (A); and
(ii)any other person or entity, as the
Commission determines to be
appropriate.
.
(c)Section
11(b)(2)(F) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(b)(2)(F)) is
amended by striking clause (i) and inserting the following:
(i)ensures that—
(I)a background investigation will be
conducted by the Commission on—
- (aa)each tribal gaming commissioner;
- (bb)key tribal gaming employees, as determined
by the Commission;
- (cc)primary management officials; and
- (dd)key employees of the gaming enterprise;
and
(II)oversight of the individuals described in
subclause (I) will be conducted on an ongoing basis;
and
.
(d)Section 18(a)(2)(B)
of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)(2)(B)) is amended by
striking $8,000,000
and inserting
$16,000,000
.
5.Changing use of Indian
landThe Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) is amended—
(1)by redesignating sections 21 through 24 as
sections 22 through 25, respectively; and
(2)by inserting after section 20 the
following:
21.Changing use of
Indian landsBefore an Indian
tribe uses any Indian lands for purposes of class II or class III gaming, the
Indian tribe shall—
(1)submit to the Secretary an environmental
impact statement that the Secretary determines to be in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to
that use; and
(2)obtain the consent of the Secretary with
respect to the change in use of the Indian
lands.
.
6.This Act, and the
amendments made by this Act, shall not affect any compact or other agreement
relating to gaming subject to regulation under the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.) in existence on the date of enactment of this
Act.