,,ii #aacth ,,congress #ast ,session ,s4 #dgg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjac ,mrs4 ,feinstein introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to amend the ,indian ,gaming ,regulatory ,act to modify a provision relating to gaming on land acquired after ,october #ag1 #aihh4 #a4 ,short title ,this ,act may be cited as the ,tribal ,gaming ,eligibility ,act4 #b4 ,gaming on land acquired after ,october #ag1 #aihh ,section #bj of the ,indian ,gaming ,regulatory ,act 7#be ,u4,s4,c4 #bgai7 is amended-- 7#a7 by striking the section designation and heading and all that follows through 7a7 ,except and inserting the following3 #bj4 ,gaming on land acquired after ,october #ag1 #aihh 7a7 ,in general ,except 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,b71 in the matter preceding clause 7i71 by striking lands are taken and inserting subject to paragraph 7#b71 land is taken2 7,b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,applicability to certain land 7,a7 ,in general ,except as provided in subparagraph 7,d71 effective beginning on the date of enactment of the ,tribal ,gaming ,eligibility ,act1 in addition to any other requirements under applicable ,federal law1 gaming conducted pursuant to an exception under paragraph 7#a77;,b7 shall not be conducted on land taken into trust after ,october #ag1 #aihh1 by the ,united ,states for the benefit of an ,indian tribe unless the ,secretary determines1 on the date the land is taken into trust1 that the ,indian tribe-- 7i7 has received a written determination by the ,secretary that the land is eligible to be used for gaming under this section2 and 7ii7 demonstrates-- 7,i7 in accordance with subparagraph 7,b71 a substantial1 direct1 modern connection to the land taken into trust1 as of ,october #ag1 #aihh2 and 7,,ii7 in accordance with subparagraph 7,c71 a substantial1 direct1 aboriginal connection to the land taken into trust4 7,b7 ,substantial1 direct1 modern connection ,in making a determination under subparagraph 7,a77ii77,i7 that an ,indian tribe demonstrates a substantial1 direct1 modern connection to land taken into trust as of ,october #ag1 #aihh1 the ,secretary shall certify that-- 7i7 if the ,indian tribe has a reservation-- 7,i7 the land is located within a #be-mile radius of the tribal headquarters or other tribal governmental facilities of the ,indian tribe on the reservation2 7,,ii7 the ,indian tribe has demonstrated a temporal connection to1 or routine presence on1 the land during the period beginning on ,october #ag1 #aihh1 and ending on the date of the certification2 and 7,,iii7 the ,indian tribe has not been recognized or restored to ,federal recognition status during the #e-year period preceding the date of the certification2 or 7ii7 if the ,indian tribe does not have a reservation-- 7,i7 the land is located within a #be-mile radius of an area in which a significant number of members of the ,indian tribe reside2 7,,ii7 the ,indian tribe has demonstrated a temporal connection to1 or routine presence on1 the land during the period beginning on ,october #ag1 #aihh1 and ending on the date of the certification2 and 7,,iii7 7aa7 the land was included in the first-submitted request of the ,indian tribe for newly acquired land since the date on which the ,indian tribe was recognized or restored to ,federal recognition2 or 7bb7 7,,aa7 the application to take the land into trust was received by the ,secretary during the #e-year period beginning on the date on which the ,indian tribe was recognized or restored to ,federal recognition2 and 7,,bb7 the ,indian tribe is not conducting any gaming activity on any other land4 7,c7 ,substantial1 direct1 aboriginal connection ,in making a determination under subparagraph 7,a77ii77,,ii7 that an ,indian tribe demonstrates a substantial1 direct1 aboriginal connection to land1 the ,secretary shall take into consideration some or all of the following factors3 7i7 ,the historical presence of the ,indian tribe on the land1 including any land to which the ,indian tribe was relocated pursuant to the forcible removal of tribal members from land as a result of acts of violence1 an ,act of ,congress1 a ,federal or ,state administrative action1 or a judicial order4 7ii7 ,whether the membership of the ,indian tribe can demonstrate lineal descendent or cultural affiliation1 in accordance with section #aj4ad of title #dc1 ,code of ,federal ,regulations 7or a successor regulation74 7iii7 ,the area in which the unique language of the ,indian tribe has been used4 7iv7 ,the proximity of the land to culturally significant sites of the ,indian tribe4 7v7 ,the forcible removal of tribal members from land as a result of acts of violence1 an ,act of ,congress1 a ,federal or ,state administrative action1 or a judicial order4 7vi7 ,other factors that demonstrate a temporal presence of the ,indian tribe on the land prior to the first interactions of the ,indian tribe with nonnative individuals1 the ,federal ,government1 or any other sovereign entity4 7,d7 ,exceptions 7i7 ,in general ,subparagraphs 7,a7 through 7,c7 shall not apply-- 7,i7 to any land on which gaming regulated by this ,act will not take place2 7,,ii7 to any land located within1 or contiguous to1 the boundaries of the reservation of an ,indian tribe1 as of ,october #ag1 #aihh2 7,,iii7 if-- 7aa7 the relevant ,indian tribe did not have a reservation on ,october #ag1 #aihh2 and 7bb7 the land is located-- 7,,aa7 in the ,state of ,oklahoma and within the boundaries of the former reservation of the ,indian tribe1 as defined by the ,secretary1 or contiguous to other land held in trust or restricted status by the ,united ,states for the ,indian tribe in the ,state of ,oklahoma2 or 7,,bb7 in a ,state other than ,oklahoma and within the last recognized reservation of the ,indian tribe in any ,state in which the ,indian tribe is presently located2 or 7,,iv7 if the relevant ,indian tribe has-- 7aa7 taken land into trust during the period beginning on ,october #ag1 #aihh1 and ending on the date of enactment of the ,tribal ,gaming ,eligibility ,act2 and 7bb7 has received a written determination by the ,secretary that the land is eligible to be used for gaming under this section4 7ii7 ,certain decisions 7,i7 ,in general ,subject to subclause 7,,ii71 subparagraphs 7,a7 through 7,c7 shall not apply to a final agency decision issued before the date of enactment of the ,tribal ,gaming ,eligibility ,act4 7,,ii7 ,pending applications ,subparagraphs 7,a7 through 7,c7 shall apply to an application that is pending1 but for which a final agency decision has not been made1 as of the date of enactment of the ,tribal ,gaming ,eligibility ,act4 7,e7 ,administration ,an action under this paragraph shall be considered a final administrative action for purposes of subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 2 and 7,d7 in paragraph 7#d7 7as redesignated by subparagraph 7,b771 by striking paragraph 7#b77;,b7 and inserting paragraph 7#c77;,b714