[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2938 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 2938


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2012

  Received; read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 AN ACT


 
   To prohibit certain gaming activities on certain Indian lands in 
                                Arizona.

    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 ``Gila Bend Indian Reservation Lands 
Replacement Clarification Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 1986, Congress passed the Gila Bend Indian 
        Reservation Lands Replacement Act, Public Law 99-503, 100 Stat. 
        1798, to authorize the Tohono O'odham Nation to purchase up to 
        9,880 acres of replacement lands in exchange for granting all 
        right, title and interest to the Gila Bend Indian Reservation 
        to the United States.
            (2) The intent of the Gila Bend Indian Reservation Lands 
        Replacement Act was to replace primarily agriculture land that 
        the Tohono O'odham Nation was no longer able to use due to 
        flooding by Federal dam projects.
            (3) In 1988, Congress passed the Indian Gaming Regulatory 
        Act, which restricted the ability of Indian tribes to conduct 
        gaming activities on lands acquired after the date of enactment 
        of the Act.
            (4) Since 1986, the Tohono O'odham Nation has purchased 
        more than 16,000 acres of land. The Tohono O'odham Nation does 
        not currently game on any lands acquired pursuant to the Gila 
        Bend Indian Reservation Lands Replacement Act.
            (5) Beginning in 2003, the Tohono O'odham Nation began 
        taking steps to purchase approximately 134.88 acres of land 
        near 91st and Northern Avenue in Maricopa County, within the 
        City of Glendale (160 miles from the Indian tribe's 
        headquarters in Sells). The Tohono O'odham Nation is now trying 
        to have these lands taken into trust status by the Secretary of 
        the Interior pursuant to the Gila Bend Indian Reservation Lands 
        Replacement Act of 1986 (``Gila Bend Act''), and has asked the 
        Secretary to declare these lands eligible for gaming, thereby 
        allowing the Indian tribe to conduct Las Vegas style gaming on 
        the lands. The Secretary has issued an opinion stating that he 
        has the authority to take approximately 53.54 acres of these 
        lands into trust status, and plans to do so when legally able 
        to do so.
            (6) The State of Arizona, City of Glendale, and at least 12 
        Indian tribes in Arizona oppose the Tohono O'odham Nation 
        gaming on these lands. No Indian tribe supports the Tohono 
        O'odham Nation's efforts to conduct gaming on these lands.
            (7) The Tohono O'odham Nation's proposed casino violates 
        existing Tribal-State gaming compacts and State law, 
        Proposition 202, agreed to by all Arizona Indian tribes, which 
        effectively limits the number of tribal gaming facilities in 
        the Phoenix metropolitan area to seven, which is the current 
        number of facilities operating.
            (8) The Tohono O'odham casino proposal will not generate 
        sales taxes as the State Gaming Compact specifically prohibits 
        the imposition of any taxes, fees, charges, or assessments.
            (9) The proposed casino would be located close to existing 
        neighborhoods and a newly built school and raises a number of 
        concerns. Homeowners, churches, schools, and businesses made a 
        significant investment in the area without knowing that a 
        tribal casino would or even could locate within the area.
            (10) The development has the potential to impact the future 
        of transportation projects, including the Northern Parkway, a 
        critical transportation corridor to the West Valley.
            (11) The Tohono O'odham Nation currently operates three 
        gaming facilities: 2 in the Tucson metropolitan area and 1 in 
        Why, Arizona.
            (12) Nothing in the language or legislative history of the 
        Gila Bend Indian Reservation Lands Replacement Act indicates 
        that gaming was an anticipated use of the replacement lands.
            (13) It is the intent of Congress to clarify that lands 
        purchased pursuant to the Gila Bend Indian Reservation Lands 
        Replacement Act are not eligible for Class II and Class III 
        gaming pursuant to the Indian Gaming Regulatory Act. Such lands 
        may be used for other forms of economic development by the 
        Tohono O'odham Nation.

SEC. 3. GAMING CLARIFICATION.

    Section 6(d) of Public Law 99-503 is amended by inserting ``except 
that no class II or class III gaming activities, as defined in section 
4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703), may be 
conducted on such land if such land is located north of latitude 33 
degrees, 4 minutes north'' after ``shall be deemed to be a Federal 
Indian Reservation for all purposes''.

SEC. 4. NO EFFECT.

    The limitation on gaming set forth in the amendment made by section 
3 shall have no effect on any interpretation, determination, or 
decision to be made by any court, administrative agency or department, 
or other body as to whether any lands located south of latitude 33 
degrees, 4 minutes north taken into trust pursuant to this Act qualify 
as lands taken into trust as part of a settlement of a land claim for 
purposes of title 25 U.S.C. 2719(b).

            Passed the House of Representatives June 19, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.