[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 771 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 771

    To amend the Indian Gaming Regulatory Act to modify a provision 
      relating to gaming on land acquired after October 17, 1988.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2011

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

_______________________________________________________________________

                                 A BILL


 
    To amend the Indian Gaming Regulatory Act to modify a provision 
      relating to gaming on land acquired after October 17, 1988.

    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 ``Tribal Gaming Eligibility Act''.

SEC. 2. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988.

    Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is 
amended--
            (1) by striking the section designation and heading and all 
        that follows through ``(a) Except'' and inserting the 
        following:

``SEC. 20. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988.

    ``(a) In General.--Except''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)(B), in the matter preceding 
                clause (i), by inserting ``subject to paragraph (2),'' 
                before ``lands are taken'';
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively;
                    (C) by inserting after paragraph (1) the following:
            ``(2) Applicability to certain land.--
                    ``(A) In general.--Except as provided in 
                subparagraph (D), effective beginning on the date of 
                enactment of the Tribal Gaming Eligibility Act, in 
                addition to any other requirements under applicable 
                Federal law, gaming conducted pursuant to an exception 
                under paragraph (1)(B) shall not be conducted on land 
                taken into trust after October 17, 1988, by the United 
                States for the benefit of an Indian tribe unless the 
                Secretary determines, on the date the land is taken 
                into trust, that the Indian tribe--
                            ``(i) has received a written determination 
                        by the Secretary that the land is eligible to 
                        be used for gaming under this section; and
                            ``(ii) demonstrates--
                                    ``(I) in accordance with 
                                subparagraph (B), a substantial, 
                                direct, modern connection to the land 
                                taken into trust, as of October 17, 
                                1988; and
                                    ``(II) in accordance with 
                                subparagraph (C), a substantial, 
                                direct, aboriginal connection to the 
                                land taken into trust.
                    ``(B) Substantial, direct, modern connection.--In 
                making a determination under subparagraph (A)(ii)(I) 
                that an Indian tribe demonstrates a substantial, 
                direct, modern connection to land taken into trust as 
                of October 17, 1988, the Secretary shall certify that--
                            ``(i) if the Indian tribe has a 
                        reservation--
                                    ``(I) the land is located within a 
                                25-mile radius of the tribal 
                                headquarters or other tribal 
                                governmental facilities of the Indian 
                                tribe on the reservation;
                                    ``(II) the Indian tribe has 
                                demonstrated a temporal connection to, 
                                or routine presence on, the land during 
                                the period beginning on October 17, 
                                1988, and ending on the date of the 
                                certification; and
                                    ``(III) the Indian tribe has not 
                                been recognized or restored to Federal 
                                recognition status during the 5-year 
                                period preceding the date of the 
                                certification; or
                            ``(ii) if the Indian tribe does not have a 
                        reservation--
                                    ``(I) the land is located within a 
                                25-mile radius of an area in which a 
                                significant number of members of the 
                                Indian tribe reside;
                                    ``(II) the Indian tribe has 
                                demonstrated a temporal connection to, 
                                or routine presence on, the land during 
                                the period beginning on October 17, 
                                1988, and ending on the date of the 
                                certification; and
                                    ``(III)(aa) the land was included 
                                in the first-submitted request of the 
                                Indian tribe for newly acquired land 
                                since the date on which the Indian 
                                tribe was recognized or restored to 
                                Federal recognition; or
                                    ``(bb)(AA) the application to take 
                                the land into trust was received by the 
                                Secretary during the 5-year period 
                                beginning on the date on which the 
                                Indian tribe was recognized or restored 
                                to Federal recognition; and
                                    ``(BB) the Indian tribe is not 
                                conducting any gaming activity on any 
                                other land.
                    ``(C) Substantial, direct, aboriginal connection.--
                In making a determination under subparagraph 
                (A)(ii)(II) that an Indian tribe demonstrates a 
                substantial, direct, aboriginal connection to land, the 
                Secretary shall take into consideration some or all of 
                the following factors:
                            ``(i) The historical presence of the Indian 
                        tribe on the land, including any land to which 
                        the Indian tribe was relocated pursuant to the 
                        forcible removal of tribal members from land as 
                        a result of acts of violence, an Act of 
                        Congress, a Federal or State administrative 
                        action, or a judicial order.
                            ``(ii) Whether the membership of the tribe 
                        can demonstrate lineal descendent or cultural 
                        affiliation, in accordance with section 10.14 
                        of title 43, Code of Federal Regulations (or a 
                        successor regulation).
                            ``(iii) The area in which the unique 
                        language of the Indian tribe has been used.
                            ``(iv) The proximity of the land to 
                        culturally significant sites of the Indian 
                        tribe.
                            ``(v) The forcible removal of tribal 
                        members from land as a result of acts of 
                        violence, an Act of Congress, a Federal or 
                        State administrative action, or a judicial 
                        order.
                            ``(vi) Other factors that demonstrate a 
                        temporal presence of the Indian tribe on the 
                        land prior to the first interactions of the 
                        Indian tribe with nonnative individuals, the 
                        Federal Government, or any other sovereign 
                        entity.
                    ``(D) Exceptions.--
                            ``(i) In general.--Subparagraphs (A) 
                        through (C) shall not apply--
                                    ``(I) to any land on which gaming 
                                regulated by this Act will not take 
                                place;
                                    ``(II) to any land located within, 
                                or contiguous to, the boundaries of the 
                                reservation of an Indian tribe, as of 
                                October 17, 1988;
                                    ``(III) if--
                                            ``(aa) the relevant Indian 
                                        tribe did not have a 
                                        reservation on October 17, 
                                        1988; and
                                            ``(bb) the land is 
                                        located--

                                                    ``(AA) in the State 
                                                of Oklahoma and within 
                                                the boundaries of the 
                                                former reservation of 
                                                the Indian tribe, as 
                                                defined by the 
                                                Secretary, or 
                                                contiguous to other 
                                                land held in trust or 
                                                restricted status by 
                                                the United States for 
                                                the Indian tribe in the 
                                                State of Oklahoma; or

                                                    ``(BB) in a State 
                                                other than Oklahoma and 
                                                within the last 
                                                recognized reservation 
                                                of the Indian tribe in 
                                                any State in which the 
                                                Indian tribe is 
                                                presently located; or

                                    ``(IV) if the relevant Indian tribe 
                                has--
                                            ``(aa) taken land into 
                                        trust during the period 
                                        beginning on October 17, 1988, 
                                        and ending on the date of 
                                        enactment of the Tribal Gaming 
                                        Eligibility Act; and
                                            ``(bb) has received a 
                                        written determination by the 
                                        Secretary that the land is 
                                        eligible to be used for gaming 
                                        under this section.
                            ``(ii) Certain decisions.--
                                    ``(I) In general.--Subject to 
                                subclause (II), subparagraphs (A) 
                                through (C) shall not apply to a final 
                                agency decision issued before the date 
                                of enactment of the Tribal Gaming 
                                Eligibility Act.
                                    ``(II) Pending applications.--
                                Subparagraphs (A) through (C) shall 
                                apply to an application that is 
                                pending, but for which a final agency 
                                decision has not been made, as of the 
                                date of enactment of the Tribal Gaming 
                                Eligibility Act.
                    ``(E) Administration.--An action under this 
                paragraph shall be considered a final administrative 
                action for purposes of subchapter II of chapter 5, and 
                chapter 7, of title 5, United States Code (commonly 
                known as the `Administrative Procedure Act').''; and
                    (D) in paragraph (4) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (2)(B)'' and 
                inserting ``paragraph (3)(B),''.
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