require consultation of local governments within a 10-mile radius of the proposed off-reservation casino.For the exceptions, the notable parts of the proposal would:
require consultation of nearby tribes within 50 miles of the proposed off-reservation casino.
require tribes to submit financial projections, consulting agreements and financial agreements, and require tribes to disclose possible adverse impacts and plans to address those impacts.
create a 60-day comment period, with possible extensions, to consult with local governments, state officials and nearby tribes
define "contiguous" as "land(s) sharing a common boundary, or adjoining with nothing intervening. However, parcels of land are contiguous even if separated by roads, railroads, other rights of way, or streams." This definition applies mainly to the Oklahoma former reservation exception.Skibine has previously stated there is no time frame for the consideration of the regulations. It could take several months, or even more than a year, to develop and finalize them. Meanwhile, regulations to establish criteria for non-gaming land-into-trust applications are still not on the radar screen. The Bush administration shelved an earlier proposal in November 2001 despite complaints from tribal leaders. Today's hearing starts at 9:30am and will be held in Senate Dirksen Room 106. It will be broadcast online at http://indian.senate.gov. Draft BIA Regulations:
require tribes to obtain Congressional approval for a land claim settlement and obtain state or federal court approval of the settlement before gaming on land acquired through the settlement.
require newly recognized tribes to stay within their service area for an off-reservation casino. If no service area is defined, the tribe must demonstrate "significant historical and cultural ties" to the land being sought for an off-reservation casino.
require restored tribes to obtain an act of Congress to acquire restored land, or demonstrate a "modern connection" to the land being sought for an off-reservation casino. Several criteria are laid out to determine the modern connection.
Gaming on Lands Acquired After October 17, 1998 McCain IGRA Bill:
Indian Gaming Regulatory Act Amendments of 2005 (S.2078) Relevant Documents:
McCain Floor Statement (November 18, 2005) April 27, 2005, Hearing on Regulation of Indian Gaming:
Witness List/Testimony | Video May 18, 2005, Hearing on Taking Land into Trust:
Witness List/Testimony | Video June 28, 2005, Hearing on Regulation of Indian Gaming:
Witness List/Testimony | Video July 27, 2005, Hearing on IGRA exceptions and off-reservation gaming:
Witness List/Testimony | Video September 21, 2005, Hearing on Regulation of Class III Gaming:
Witness List/Testimony Relevant Links:
Senate Indian Affairs Committee - http://indian.senate.gov
NIGC Indian Land Determinations - http://www.nigc.gov/nigc/nigcControl?option=LAND_DETERMINATIONS
National Indian Gaming Association - http://www.indiangaming.org