Pombo bill restricts off-reservation gaming sites

Thursday, March 9, 2006  

A new bill introduced by Rep. Richard Pombo (R-California), the chairman of the House Resources Committee, would restrict tribal land acquisitions for gaming purposes.

H.R.4893 rewrites Section 20 of the Indian Gaming Regulatory Act. It blocks tribes from opening casinos on lands that are not contiguous to an existing reservation.

"This means that under no circumstances can a tribe that already has land into trust that is eligible for gaming acquire any more land not contiguous to the reservation and use it for gaming, without exception," Pombo said yesterday [emphasis added]. "This puts a permanent end to ‘reservation shopping’ once and for all."

The measure only allows "newly recognized, restored or landless" tribes to acquire lands if specific conditions are met. "Landless" is not defined in the bill.

First, tribes cannot cross state lines to open casinos. Second, tribes will be required to pay for advisory referendums in local communities for their casino project and requires tribes to negotiate "mitigating" agreements with local communities.

Third, the bill requires the Bureau of Indian Affairs to consult with local governments and tribes within 75 miles of a proposed off-reservation casino. Before any land is taken into trust, the state governor and the state legislature must concur.

Finally, a tribe must also demonstrate "geographic, social, historical, and temporal" ties to the land they want in trust.

The Oklahoma exception will not be altered under the bill.

The measure includes new authority for tribes that want to allow other tribes to open casinos on existing trust lands. This section was written in response to a proposal in southern California to allow a tribe to open a casino on the Viejas Reservation.

Pombo plans to hold a hearing on the bill next week.

Get the Story:
Lawmakers: Limit off-reservation casinos (AP 3/9)
Indian gaming bill introduced (The Desert Dispatch 3/9)
Proposal might block Sennett casino (The Syracuse Post-Standard 3/9)
Proposed anti-gaming bill blocks tribal land claims