[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1424 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1424

  To clarify the responsibilities of the Secretary of the Interior in 
making a determination whether to take off-reservation land into trust 
                          for gaming purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2011

  Mr. McCain (for himself and Mr. Kyl) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
  To clarify the responsibilities of the Secretary of the Interior in 
making a determination whether to take off-reservation land into trust 
                          for gaming purposes.

    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 ``Off-Reservation Land Acquisition 
Guidance Act''.

SEC. 2. OFF-RESERVATION LAND ACQUISITION GUIDANCE.

    (a) Definition of Off-Reservation Land.--In this Act, the term 
``off-reservation land'' means land that is--
            (1) located outside of, and noncontiguous to, the 
        reservation of an Indian tribe;
            (2) likely to qualify for, result in, or be associated with 
        the development of an Indian gaming facility; and
            (3) located beyond a reasonable commuting distance from the 
        reservation of that Indian tribe.
    (b) Procedure.--Before determining whether to take off-reservation 
land into trust for the benefit of an Indian tribe under section 5 of 
the Act of June 18, 1934 (25 U.S.C. 465) (commonly known as the 
``Indian Reorganization Act''), the Secretary shall evaluate--
            (1) the anticipated benefits to the Indian tribe associated 
        with taking the off-reservation land into trust; and
            (2) any concerns raised by applicable State and local 
        governments relating to the acquisition of the off-reservation 
        land.
    (c) Evaluation.--
            (1) Benefit to tribe.--In evaluating the anticipated 
        benefits to the Indian tribe of taking a parcel of off-
        reservation land into trust, the Secretary shall prepare a 
        report that includes an assessment of--
                    (A) the impacts of taking the applicable off-
                reservation land into trust on the on-reservation 
                unemployment rate;
                    (B) the impacts of taking the applicable off-
                reservation land into trust on reservation life and 
                tribal membership if the members, dependents, and 
                descendants of the Indian tribe relocate to the off-
                reservation land or adjacent communities;
                    (C) the specific on-reservation benefits of taking 
                the off-reservation land into trust, including an 
                assessment of whether on-reservation jobs will be 
                created and, if so, the quantity of jobs expected to be 
                created; and
                    (D) whether the tribal government can efficiently 
                exercise the governmental and regulatory 
                responsibilities of the tribal government if a gaming 
                facility is constructed on the off-reservation land.
            (2) State and local concerns.--In evaluating any concerns 
        raised by applicable State and local governments relating to 
        taking a parcel of off-reservation land into trust, the 
        Secretary shall prepare a report that includes an assessment 
        of--
                    (A) whether the transfer of jurisdiction to the 
                Indian tribe over the parcel is likely to disrupt 
                established local governmental operations;
                    (B) potential impacts on real property taxes and 
                special assessments on adjacent land and property, 
                including any impact on State and local governments 
                resulting from the exemption of the parcel from the 
                taxation;
                    (C) whether the Indian tribe has submitted 
                intergovernmental agreements necessary to address State 
                and local government concerns, including agreements 
                regarding law enforcement jurisdiction on the parcel;
                    (D) the compatibility of the anticipated use of the 
                land with the zoning and land use requirements of the 
                applicable State and local governments;
                    (E) traffic, noise, and other negative effects on 
                development associated with, or generated by, the 
                anticipated use of the land, including any impact on 
                local water resources and water and wastewater 
                infrastructure; and
                    (F) any potential incompatible use between the 
                anticipated use of the land and adjacent or contiguous 
                land zoned or used for--
                            (i) national parks;
                            (ii) national monuments;
                            (iii) conservation areas;
                            (iv) national fish and wildlife refuges;
                            (v) daycare centers;
                            (vi) schools;
                            (vii) churches; or
                            (viii) residential developments.
    (d) Submission From Indian Tribe.--The Indian tribe requesting off-
reservation land to be taken into trust under section 5 of the Act of 
June 18, 1934 (25 U.S.C. 465) (commonly known as the ``Indian 
Reorganization Act'') shall disclose and submit to the Secretary--
            (1) any plan, contract, agreement, or other information 
        relating to the use, or intended use, of the off-reservation 
        land by the Indian tribe, along with written documentation of 
        the plan, contract, or agreement;
            (2) a request for a written opinion from the Office of 
        Indian Gaming that the off-reservation land is eligible for 
        gaming; and
            (3) any other information the Secretary requires in 
        determining whether to take the off-reservation land into trust 
        for the benefit of the Indian tribe.
    (e) Applicability.--The Secretary shall not take the applicable 
off-reservation land into trust under section 5 of the Act of June 18, 
1934 (25 U.S.C. 45) (commonly known as the ``Indian Reorganization 
Act''), unless the Secretary determines that--
            (1) the Indian tribe has adequately addressed the concerns 
        identified in the written assessments under subsection (c)(2);
            (2) the Indian tribe has provided the information required 
        under subsection (d); and
            (3) the proposed use of the land by the Indian tribe is 
        compatible with State and local requirements for planning and 
        zoning and public health and safety.

SEC. 3. STAY OF DECISIONMAKING.

    (a) In General.--Unless explicitly required by an Act of Congress, 
the Secretary shall not approve any application for taking off-
reservation land into trust that is pending on the date of enactment of 
this Act until the date on which the Secretary promulgates regulations 
to carry out this Act.
    (b) Future Effect.--All applications for taking off-reservation 
land into trust that are pending on the date of enactment of this Act 
shall be subject to the provisions of the regulations described in 
subsection (a).
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