[House Report 105-301]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-301
_______________________________________________________________________


 
                AUBURN INDIAN RESTORATION AMENDMENT ACT
                                _______
                                

October 6, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1805]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred 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, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1805 is 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.

                  Background and Need for Legislation

    H.R. 1805, the Auburn Indian Restoration Amendment Act, 
would impose various new Federal, State and local limitations, 
zoning requirements, and restrictions on the gaming and non-
gaming activities of the United Auburn Indian Community 
(Community).
    The Committee on Resources notes that this legislation 
would impose many limitations and restrictions upon the 
Community which present a significant reduction in the 
sovereign powers of the Community. However, the Committee on 
Resources also notes that those Members of Congress who were 
the leading sponsors and supporters of the enactment of the 
Auburn Indian Restoration Act which extended Federal 
recognition to the Community in 1994, acted with the full 
assurance by the Community that it would not engage in gaming.
    The Committee on Resources acted favorably upon H.R. 1805 
only because of the unique circumstances surrounding the 
recognition of the Community and because the Community 
Chairperson, Jessica Tavares, in a letter dated September 15, 
1997, stated that the ``United Auburn Indian Community has 
thoroughly reviewed H.R. 1805 (Doolittle) 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.''
    H.R. 1805 includes numerous provisions which are contrary 
to the spirit, if not the letter, of the 1988 Indian Gaming 
Regulatory Act.
    In particular, this bill includes, among other 
requirements, provisions which: (1) would prohibit gaming on 
certain parcels of Community trust land in Placer County, 
California; (2) would grant law enforcement and judicial 
authority to the State of California over Community gaming 
operations; (3) would prohibit all gaming in the future if the 
Community is found to have established gaming which is 
determined by the State of California to be illegal in the 
State or not within the parameters of a compact established 
with the Governor of California; and (4) would remove the 
Community's sovereign immunity in certain circumstances.
    H.R. 1805 also prohibits any land from being taken into 
trust for non-gaming purposes for the Community until the 
Community has entered into a binding compact with the local 
government of the political jurisdiction in which the land is 
located. All provisions of the aforementioned compact are to be 
negotiated in good faith. Also included in these compacts are 
to be provisions relating to the location and permissible use 
of the land to be taken into trust, environmental studies, law 
enforcement jurisdictional responsibilities, building and 
designstandards for any structures proposed to be built on the 
land, and the abandonment of its sovereign immunity by the Community in 
certain circumstances.
    The Committee on Resources notes that this legislation is 
not in any way intended to be a model to be imposed upon any 
other tribe or local political jurisdiction anywhere in the 
Nation. On the contrary, the Committee would strongly oppose 
any legislation applicable to any other Indian tribe which 
might contain any of the provisions of H.R. 1805.

                            Committee Action

    H.R. 1805 was introduced on June 5, 1997, by Congressman 
John T. Doolittle (R-CA). The bill was referred to the 
Committee on Resources. On September 17, 1997, the Resources 
Committee met to consider H.R. 1805. The bill was then ordered 
favorably reported to the House of Representatives without 
amendment by voice vote in the presence of a quorum.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 1805.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1805. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance with House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1805 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1805.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1805 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 26, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1805, the Auburn 
Indian Restoration Amendment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Daley.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 1805--Auburn Indian Restoration Amendment Act

    H.R. 1805 would amend the Auburn Indian Restoration Act to 
establish restrictions relating to gaming and nongaming 
activities on land to be taken into trust for the United Auburn 
Indian Community. The bill would require that the tribe adhere 
to various state and local limitations, zoning requirements, 
and other guidelines specified in the bill. CBO estimates that 
the costs associated with taking the land into trust would be 
minimal and that enacting the bill would have no other impact 
on the federal budget.
    Enacting H.R. 1805 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
The bill would impose no new private-sector mandates as defined 
in the Unfunded Mandates Reform Act of 1995 (UMRA).
    H.R. 1805 contains intergovernmental mandates as defined in 
UMRA. It would impose various restrictions on gaming activities 
undertaken by the Auburn Indian Tribe and on the use of any 
land taken into trust for the tribe for gaming or other 
purposes. The bill would allow certain types of gaming 
activities on only one parcel of tribal land and only then if 
the tribe complies with other new requirements.
    Based on information provided by tribal officials, CBO 
estimates that these mandates would impose no costs on the 
tribe. They have already reached an agreement with the 
appropriate state and local officials under which the tribe 
would acquire one parcel of land for gaming and another for 
residential development. This agreement would satisfy the 
conditions that would be imposed by H.R. 1805. The bill would 
impose no other costs on the state, local or tribal 
governments.
    The CBO staff contacts for this estimate are Lisa Daley 
(for federal costs), and Marjorie Miller (for the impact on 
state, local, and tribal governments). This estimate was 
approved by Robert A. Sunshine, Deputy Assistant Director for 
Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 1805 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italics, existing law in which no change is proposed 
is shown in roman):

                     AUBURN INDIAN RESTORATION ACT

          * * * * * * *

SEC. 202. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES.

  (a) * * *
          * * * * * * *
  (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 complywith all provisions of the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
          * * * * * * *

SEC. 204. TRANSFER OF LAND TO BE HELD IN TRUST.

  [(a) Lands To Be Taken In Trust.--The Secretary may accept 
any real property located in Placer County, California, for the 
benefit of the Tribe if conveyed or otherwise transferred to 
the Secretary if, at the time of such conveyance or transfer, 
there are no adverse legal claims on such property, including 
outstanding liens, mortgages, or taxes owed. The Secretary may 
accept any additional acreage in the Tribe's service area 
pursuant to the authority of the Secretary under the Act of 
June 18, 1934 (25 U.S.C. 461 et seq.).]
  (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.
          * * * * * * *
  (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 thelocal 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. 208. DEFINITIONS.

  For purposes of this title:
          (1) * * *
          * * * * * * *
          (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.).
          * * * * * * *