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.