[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2938 Reported in House (RH)]
Union Calendar No. 307
112th CONGRESS
2d Session
H. R. 2938
[Report No. 112-440]
To prohibit certain gaming activities on certain Indian lands in
Arizona.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2011
Mr. Franks of Arizona (for himself, Mr. Flake, Mr. Gosar, Mr. Quayle,
and Mr. Schweikert) introduced the following bill; which was referred
to the Committee on Natural Resources
April 16, 2012
Additional sponsors: Mr. Kildee, Mr. Boren, Mr. Baca, and Ms. McCollum
April 16, 2012
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
September 15, 2011]
_______________________________________________________________________
A BILL
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).
Union Calendar No. 307
112th CONGRESS
2d Session
H. R. 2938
[Report No. 112-440]
_______________________________________________________________________
A BILL
To prohibit certain gaming activities on certain Indian lands in
Arizona.
_______________________________________________________________________
April 16, 2012
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed