H.R. 3289 (104th): To grant jurisdiction to the States over new gambling activities conducted on Indian lands.

104th Congress, 1995–1996. Text as of Apr 23, 1996 (Introduced).

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HR 3289 IH

104th CONGRESS

2d Session

H. R. 3289

To grant jurisdiction to the States over new gambling activities conducted on Indian lands.

IN THE HOUSE OF REPRESENTATIVES

April 23, 1996

Mr. BROWDER introduced the following bill; which was referred to the Committee on Resources


A BILL

To grant jurisdiction to the States over new gambling activities conducted on Indian lands.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. GRANT OF JURISDICTION TO STATES OVER NEW GAMBLING ACTIVITIES CONDUCTED ON INDIAN LANDS.

    The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is amended by adding at the end the following:

‘APPLICATION OF ACT; STATE JURISDICTION

    ‘SEC. 25. (a) All class I, II, and III gaming activities that are subject to this Act as of the date of enactment of this section and that are conducted on Indian lands shall continue to be subject to this Act (other than subsection (b) of this section) after such date. Any expansion of such existing class I or II gaming activities after such date shall likewise be subject to this Act.

    ‘(b)(1) Except as provided by subsection (a), each of the States shall have jurisdiction over all class I, II, and III gaming conducted on Indian lands after the date of the enactment of this section to the same extent that such State has jurisdiction over gambling elsewhere within the State. The laws of the State relating to gambling shall have the same force and effect within such Indian lands as they have elsewhere within the State.

    ‘(2) Except with respect to proceeds directly related to class I, II, and III gaming conducted on Indian lands pursuant to paragraph (1), nothing in this subsection shall be construed to authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States.

    ‘(3) An Indian tribe may not use sovereign immunity as a defense to any action brought by a State as a result of this subsection to enforce the laws and regulations of the State relating to gambling.’.