II 110th CONGRESS 2d Session S. 2676 IN THE SENATE OF THE UNITED STATES February 28, 2008 Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To make technical corrections to the Indian Gaming Regulatory Act, and for other purposes.
1.
Short title
This Act may be cited as the Common Sense Indian Gambling Reform Act of 2008.
2.
Consultation with State, local, and tribal governments
Section 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)
Exceptions
(1)
In general
(A)
Effect on community
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 the 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 State
For 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)
Effect of paragraph
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 2008. (2)
Primary nexus
(A)
In general
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)
Determination
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 requirement
Notwithstanding 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.
Tribal gaming ordinances
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)
Definition of State
In this subsection, the term State means the Governor of the State and the legislative body of the State. .
4.
Investigation and approval
(a)
Powers of the Chairman
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)
Powers of the Commission
Section 7(b) of the Indian Gaming Regulatory Act (25 U.S.C. 2706(b)) is amended— (1)in the matter preceding paragraph (1), by inserting shall have the authority after Commission; (2)in paragraphs (1), (2), and (10), by striking shall each place it appears and inserting to; (3)in paragraph (2), by striking is conducted and inserting or class III gaming is conducted to ensure compliance with this Act (including regulations promulgated pursuant to paragraph (10)); (4)by striking paragraph (3) and inserting the following: (3)(A)to 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)to 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; ; (5)in paragraphs (4) through (9), by striking may each place it appears and inserting to; (6)in paragraph (4), by inserting and class III gaming after class II gaming; and (7)in paragraph (10), by inserting , including regulations to address minimum internal control standards for class II gaming and class III gaming after this Act. (c)
Tribal gaming ordinances
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)
Commission funding
Section 18(a)(2)(B) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)(2)(B)) is amended— (1)by indenting the subparagraph appropriately; and (2)by striking 0.080 percent and all that follows through the end of the subparagraph and inserting $16,000,000..
5.
Changing use of Indian lands
The 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 lands
Before an Indian tribe uses any Indian lands for purposes of class II gaming 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.
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6.
Effect of Act
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.