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H. Rept. 109-650 1 (2006-09-13)

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                      109TH CONGRESS                                            REPORT
                         2d Session      HOUSE OF REPRESENTATIVES               109-650







                         RESTRICTING INDIAN GAMING TO HOMELANDS OF
                                             TRIBES ACT OF 2006



                        SEPTEMBER 13, 2006.-Committed to the Committee of the Whole House on the
                                      State of the Union and ordered to be printed



                                 Mr. POMBO, from the Committee on Resources,
                                            submitted the following


                                                REPORT

                                              [To accompany H.R. 4893]

                                [Including cost estimate of the Congressional Budget Office]

                        The Committee on Resources, to whom was referred the bill
                      (H.R. 4893) to amend section 20 of the Indian Gaming Regulatory
                      Act to restrict off-reservation gaming, having considered the same,
                      report favorably thereon with an amendment and recommend that
                      the bill as amended do pass.
                        The amendment is as follows:
                        Strike all after the enacting clause and insert the following:
                     SECTION 1. SHORT TITLE.
                       This Act may be cited as the Restricting Indian Gaming to Homelands of Tribes
                     Act of 2006.
                     SEC. 2. RESTRICTION ON OFF-RESERVATION GAMING.
                       Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is amended-
                           (1) by amending subsection (b)(1) to read as follows:
                       (b)(1) Subsection (a) will not apply when lands are taken in trust for the benefit
                     of an Indian tribe that is newly recognized, restored, or landless after the date of
                     the enactment of subsection (f), including those newly recognized under the Federal
                     Acknowledgment Process at the Bureau of Indian Affairs, and the following criteria
                     are met:
                           (A) The Secretary determines that such lands are within the State of such
                         tribe and are within the primary geographic, social, historical, and temporal
                         nexus of the Indian tribe.
                           (B) The Secretary determines that the proposed gaming activity would not
                         be detrimental to the surrounding community and nearby Indian tribes.
                           (C) Concurrence by the Governor in conformance with laws of that State.
                           (D) Mitigation by the Indian tribe in accordance with this subparagraph. For
                         the purposes of the Indian tribe mitigating the direct impact on the county or
                         parish infrastructure and services, the Indian tribe shall negotiate and sign, to
                         the extent practicable during the compact negotiations described in section
                         11(d)(3), a memorandum of understanding with the county or parish govern-
                         49-006

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