text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Gila Bend Indian Reservation Lands 
  Replacement Clarification Act''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) In 1986, Congress passed the Gila Bend Indian 
          Reservation Lands Replacement Act, Public Law 99-503, 100 Stat. 
          1798, to authorize the Tohono O'odham Nation to purchase up to 
          9,880 acres of replacement lands in exchange for granting all 
          right, title and interest to the Gila Bend Indian Reservation 
          to the United States.
              (2) The intent of the Gila Bend Indian Reservation Lands 
          Replacement Act was to replace primarily agriculture land that 
          the Tohono O'odham Nation was no longer able to use due to 
          flooding by Federal dam projects.
              (3) In 1988, Congress passed the Indian Gaming Regulatory 
          Act, which restricted the ability of Indian tribes to conduct 
          gaming activities on lands acquired after the date of enactment 
          of the Act.
              (4) Since 1986, the Tohono O'odham Nation has purchased 
          more than 16,000 acres of land. The Tohono O'odham Nation does 
          not currently game on any lands acquired pursuant to the Gila 
          Bend Indian Reservation Lands Replacement Act.
              (5) Beginning in 2003, the Tohono O'odham Nation began 
          taking steps to purchase approximately 134.88 acres of land 
          near 91st and Northern Avenue in Maricopa County, within the 
          City of Glendale (160 miles from the Indian tribe's 
          headquarters in Sells). The Tohono O'odham Nation is now trying 
          to have these lands taken into trust status by the Secretary of 
          the Interior pursuant to the Gila Bend Indian Reservation Lands 
          Replacement Act of 1986 (``Gila Bend Act''), and has asked the 
          Secretary to declare these lands eligible for gaming, thereby 
          allowing the Indian tribe to conduct Las Vegas style gaming on 
          the lands. The Secretary has issued an opinion stating that he 
          has the authority to take approximately 53.54 acres of these 
          lands into trust status, and plans to do so when legally able 
          to do so.
              (6) The State of Arizona, City of Glendale, and at least 12 
          Indian tribes in Arizona oppose the Tohono O'odham Nation 
          gaming on these lands. No Indian tribe supports the Tohono 
          O'odham Nation's efforts to conduct gaming on these lands.
              (7) The Tohono O'odham Nation's proposed casino violates 
          existing Tribal-State gaming compacts and State law, 
          Proposition 202, agreed to by all Arizona Indian tribes, which 
          effectively limits the number of tribal gaming facilities in 
          the Phoenix metropolitan area to seven, which is the current 
          number of facilities operating.
              (8) The Tohono O'odham casino proposal will not generate 
          sales taxes as the State Gaming Compact specifically prohibits 
          the imposition of any taxes, fees, charges, or assessments.
              (9) The proposed casino would be located close to existing 
          neighborhoods and a newly built school and raises a number of 
          concerns. Homeowners, churches, schools, and businesses made a 
          significant investment in the area without knowing that a 
          tribal casino would or even could locate within the area.
              (10) The development has the potential to impact the future 
          of transportation projects, including the Northern Parkway, a 
          critical transportation corridor to the West Valley.
              (11) The Tohono O'odham Nation currently operates three 
          gaming facilities: 2 in the Tucson metropolitan area and 1 in 
          Why, Arizona.
              (12) Nothing in the language or legislative history of the 
          Gila Bend Indian Reservation Lands Replacement Act indicates 
          that gaming was an anticipated use of the replacement lands.
              (13) It is the intent of Congress to clarify that lands 
          purchased pursuant to the Gila Bend Indian Reservation Lands 
          Replacement Act are not eligible for Class II and Class III 
          gaming pursuant to the Indian Gaming Regulatory Act. Such lands 
          may be used for other forms of economic development by the 
          Tohono O'odham Nation.
  
  SEC. 3. GAMING CLARIFICATION.
  
      Section 6(d) of Public Law 99-503 is amended by inserting ``except 
  that no class II or class III gaming activities, as defined in section 
  4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703), may be 
  conducted on such land if such land is located north of latitude 33 
  degrees, 4 minutes north'' after ``shall be deemed to be a Federal 
  Indian Reservation for all purposes''.
  
  SEC. 4. NO EFFECT.
  
      The limitation on gaming set forth in the amendment made by section 
  3 shall have no effect on any interpretation, determination, or 
  decision to be made by any court, administrative agency or department, 
  or other body as to whether any lands located south of latitude 33 
  degrees, 4 minutes north taken into trust pursuant to this Act qualify 
  as lands taken into trust as part of a settlement of a land claim for 
  purposes of title 25 U.S.C. 2719(b).
  
              Passed the House of Representatives June 19, 2012.
  
              Attest:
  
                                                   KAREN L. HAAS,
  
                                                                   Clerk.
target: Gila Bend Indian Reservation Lands Replacement Clarification Act - Amends the Gila Bend Indian Reservation Lands Replacement Act to prohibit class II or III gaming activities on lands located north of latitude 33 degrees, 4 minutes north that the Tohono O'odham Nation was authorized to purchase in Arizona in exchange for granting the federal government all right, title, and interest to the Gila Bend Indian Reservation.
  
  Prohibits this gaming restriction from having any effect on any decision as to whether any lands located south of latitude 33 degrees, 4 minutes north and taken into trust pursuant to this Act qualify as lands taken into trust as part of a land claim settlement for purposes of determining whether gaming may be conducted on such lands.
feat_title: To prohibit certain gaming activities on certain Indian lands in Arizona.