[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[House]
[Pages H10550-H10552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  2200
                AUBURN INDIAN RESTORATION AMENDMENT ACT

  Mr. DOOLITTLE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1805) to amend the Auburn Indian Restoration Act to 
establish restrictions related to gaming on and use of land held in 
trust for the United Auburn Indian Community of the Auburn Rancheria of 
California, and for other purposes.
  The Clerk read as follows:

                               H.R. 1805

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H10551]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Auburn Indian Restoration 
     Amendment Act''.

     SEC. 2. RESTRICTIONS ON GAMING.

       Section 202 of the Auburn Indian Restoration Act (25 U.S.C. 
     1300l) is amended by adding at the end the following new 
     subsection:
       ``(g) Gaming.--
       ``(1) Class II and class III gaming activities shall be 
     lawful only on one parcel of land, which shall be taken into 
     in trust for the Tribe pursuant to section 204(a)(1), but 
     only if--
       ``(A) prior to the time such parcel is taken into trust, 
     the Tribe and the local government of the political 
     jurisdiction in which the parcel is located have entered into 
     a compact as required by section 204(e);
       ``(B) the gaming facility and related infrastructure on 
     such parcel of land are located at least 2 miles from any 
     church, school, or residence which was constructed in a 
     residential zone and which existed on the date of the 
     introduction to the House of Representatives of the Auburn 
     Indian Restoration Amendment Act (June 5, 1997);
       ``(C) such parcel of land is specifically taken into trust 
     for class II and class III gaming activities; and
       ``(D) such parcel of land is not part of the land 
     identified in section 204(b).
       ``(2) If the State of California finds that class III 
     gaming activities have been established in violation of the 
     requirements of the Indian Gaming Regulatory Act (25 U.S.C. 
     2701 et seq.) on land held in trust for the Tribe, the State 
     may institute an action in a court of competent jurisdiction 
     for injunctive relief to enjoin all class II and class III 
     gaming activities. If a court of competent jurisdiction 
     determines, by a preponderance of the evidence, that Class 
     III gaming activity has been established in violation of the 
     requirements of the Indian Gaming Regulatory Act (25 U.S.C. 
     2701 et seq.) on land held in trust for the Tribe, all Class 
     II and Class III gaming activities shall be unlawful on land 
     held in trust for the Tribe and any such activities may be 
     enjoined by such court. The Tribe shall not raise sovereign 
     immunity as a defense to any such action or to the 
     enforcement or execution of a judgment resulting from such 
     action.
       ``(3) Except as provided herein, nothing in this Act shall 
     negate or diminish in any way the Tribe's obligation to 
     comply with all provisions of the Indian Gaming Regulatory 
     Act (25 U.S.C. 2701 et seq.).''.

     SEC. 3. RESTRICTIONS ON LAND TO BE HELD IN TRUST.

       (a) Lands To Be Taken Into Trust.--Section 204(a) of the 
     Auburn Indian Restoration Act (25 U.S.C. 1300l-2) is amended 
     to read as follows:
       ``(a) Lands To Be Taken Into Trust.--(1) Upon request of 
     the tribe, the Secretary shall accept forthwith for the 
     benefit of the Tribe any real property located in Placer 
     County, California, if--
       ``(A) the property is conveyed or otherwise transferred to 
     the Secretary;
       ``(B) at the time of the conveyance or transfer pursuant to 
     subparagraph (A), there are no adverse legal claims on such 
     property, including outstanding liens, mortgages, or taxes 
     owed; and
       ``(C) prior to the Secretary accepting the property the 
     Tribe was in compliance with section 202(g)(1) and 202(g)(3), 
     and subsections (d) and (e) of this section.
       ``(2) The Secretary may accept, subject to the provisions 
     of this Act, any additional acreage in the Tribe's service 
     area pursuant to the authority of the Secretary, for 
     nongaming related activities or nonresidential purposes under 
     the Act of June 18, 1934 (25 U.S.C. 461 et seq.), provided 
     that the primary function of such additional acreage shall 
     not be the furtherance of gaming activities.''.
       (b) Use of Land Taken Into Trust for Nongaming Purposes.--
     Section 204 of the Auburn Indian Restoration Act (25 U.S.C. 
     1300l-2) is amended by adding at the end the following new 
     subsections:
       ``(d) Use of Land Taken Into Trust for Nongaming 
     Purposes.--(1) A parcel of real property taken into trust for 
     the Tribe pursuant to the provisions of section 204(a) (1) or 
     (2), for purposes other than class II or class III gaming 
     activities, may only be used and developed in a manner 
     consistent with and in compliance with all general and 
     community plans and zoning ordinances of the local government 
     of the political jurisdiction in which the land to be taken 
     into trust is located which are in effect at the time that 
     the land is taken into trust, and any other provisions agreed 
     to in the compact required by subsection (e).
       ``(2)(A) In addition to the former trust lands referred to 
     in subsection (b), the Tribe may acquire one parcel of land 
     for residential purposes pursuant to section 204 (a)(1) and 
     (d)(1).
       ``(B) Any additional real property taken into trust for the 
     Tribe for residential purposes pursuant to section 204 (a)(2) 
     and (d)(1) shall be contiguous to the initial parcel.
       ``(C) Except as provided in subsection (b), the Secretary 
     shall not take any real property into trust for residential 
     purposes for individual members of the Tribe.
       ``(e) Compact Required.--(1) After the date of the 
     enactment of the Auburn Indian Restoration Amendment Act, the 
     Secretary shall not take any land into trust for the Tribe 
     until the Tribe and the local government of the political 
     jurisdiction in which the land to be taken into trust is 
     located have entered into a written compact, which the 
     parties shall negotiate in good faith and in a timely manner, 
     and which shall include provisions relating to--
       ``(A) location and permissible use of the land to be taken 
     into trust;
       ``(B) an agreed upon environmental study which provides for 
     the mitigation of any environmental impacts of the proposed 
     development and uses of the land to be taken into trust, and 
     that any mitigation required shall be similar in scope and 
     content to that which would be required of other non-tribal 
     applicants in the local government of the political 
     jurisdiction;
       ``(C) law enforcement jurisdictional responsibilities and 
     other public services to be provided on the land, consistent 
     with other Federal laws, including any reasonable 
     compensation to the local government of the political 
     jurisdiction for the services and impacts;
       ``(D) the impact of the removal of the land from the tax 
     rolls;
       ``(E) building and design standards for any structures 
     proposed to be built on the land, including provisions that 
     such structures shall be built in accordance with standards 
     similar in scope and content to those required of non-tribal 
     applicants in the local jurisdiction; and
       ``(F) such additional matters as the parties may agree.
       ``(2) The local government of the political jurisdiction in 
     which the land to be taken into trust is located shall--
       ``(A) provide notice of the Tribe's proposal and the terms 
     of the local compact to the public, the State, and the 
     governing bodies of any other local governments in Placer 
     County, California;
       ``(B) provide the recipients of the notice given under 
     subparagraph (A) with a period of 45 days in which to provide 
     comments; and
       ``(C) take comments provided under subparagraph (B) into 
     consideration and address them before entering into a local 
     compact.
       ``(3) The Tribe and the local jurisdiction shall negotiate 
     the compact required by this subsection in good faith.
       ``(f) Binding Arbitration.--(1) If a dispute arises 
     regarding--
       ``(A) the non-compliance of the Tribe or the local 
     jurisdiction with subsection (e)(3);
       ``(B) the terms of a compact negotiated pursuant to 
     subsection (e); or
       ``(C) the alleged violation of a compact negotiated 
     pursuant to subsection (e),

     the Tribe or the local government of the political 
     jurisdiction in which the real property relevant to the 
     dispute is located may submit the dispute to binding 
     arbitration under the United States Arbitration Act (9 U.S.C. 
     1 et seq.). The Tribe shall not raise sovereign immunity as a 
     defense to arbitration or the enforcement of any arbitration 
     award or any judgment based thereon, and all parties 
     expressly agree to comply with such awards and judgments.
       ``(2) If the Tribe or the local government of the political 
     jurisdiction in which the real property relevant to the 
     dispute is located elects to submit a dispute to arbitration 
     pursuant to paragraph (1), an arbitration board shall be 
     established to conduct the arbitration and shall consist of--
       ``(A) one independent member selected by the Tribe;
       ``(B) one independent member selected by the local 
     government of the political jurisdiction in which the land 
     relevant to the dispute is located; and
       ``(C) one member selected by the members selected pursuant 
     to subparagraphs (A) and (B). If the members selected 
     pursuant to subparagraphs (A) and (B) are unable to agree 
     upon a third member within 20 days after selection of the 
     other members, the presiding judge of the Placer County 
     Superior Court shall select the third member.
       ``(3) The costs of an arbitration proceeding under this 
     subsection, not including attorneys' fees, shall be awarded 
     to the prevailing party in the arbitration as determined by 
     the arbitration board.
       ``(4) The decision of the arbitration board shall be final 
     and implemented subject only to judicial review as provided 
     for in the United States Arbitration Act (9 U.S.C. 1 et 
     seq.).
       ``(g) Terms Enforceable.--The terms of subsections (d) and 
     (e) are specifically enforceable in a court of competent 
     jurisdiction by the Tribe and the local government of the 
     political jurisdiction in which the land relevant to a 
     dispute is located against the other. The Tribe shall not 
     raise its sovereign immunity as a defense to such an action 
     or the enforcement or execution of any judgment resulting 
     from such action.''.

     SEC. 4. DEFINITIONS.

       Section 208 of the Auburn Indian Restoration Act (25 U.S.C. 
     1300l-6) is amended by adding at the end the following new 
     paragraphs:
       ``(8) The term `class II gaming' has the meaning given that 
     term in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
     seq.).
       ``(9) The term `class III gaming' has the meaning given 
     that term in the Indian Gaming Regulatory Act (25 U.S.C. 2701 
     et seq.).''.

  The SPEAKER pro tempore (Mr. Lazio of New York). Pursuant to the 
rule, the gentleman from California [Mr. Doolittle] will control 20 
minutes.
  The Chair recognizes the gentleman from California [Mr. Doolittle].
  Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 1805, the proposed Auburn Indian Restoration Act, would impose

[[Page H10552]]

various State and local limitations, zoning requirements, and 
restrictions on gaming activities of the United Auburn Indian 
Community. It would also impose certain restrictions on lands to be 
taken into trust for the community for gaming as well as nongaming 
purposes.
  The chairperson of the United Auburn Indian Community, Jessica 
Tavers, in a letter to me dated September 15, 1997, stated that, 
``United Auburn Indian Community has thoroughly reviewed H.R. 1805 and 
wishes to inform the committee that we have no opposition to this bill. 
Indeed, we believe that the measure sets fair standards and a workable 
mechanism for the resolution of any differences between the tribe and 
Placer County, where the tribe resides.''
  I urge my colleagues, Mr. Speaker, to support this legislation. I 
move that the bill be passed.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Doolittle] that the House suspend the 
rules and pass the bill, H.R. 1805.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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