SR0383 93RD GENERAL ASSEMBLY

SR0383 LRB093 18342 KEF 44319 r

SENATE RESOLUTION

WHEREAS, There have been frequent attempts in many states by Native American tribes to appeal to the United States Department of the Interior Bureau of Indian Affairs seeking recognized tribal title to land, including in Illinois; and

WHEREAS, If the United States Department of Interior Bureau of Indian Affairs determines that title to the land in dispute genuinely belongs to a recognized Native American tribe, then that tribe may seek to operate Indian gaming on that land without regard to state law according to the federal Indian Gaming Regulatory Act; and

WHEREAS, The federal Indian Gaming Regulatory Act requires states to enter into negotiations for a gaming compact with Indian tribes that seek to establish Indian gaming on recognized Indian lands and, if a state refuses to do so, a federal mediator may be appointed to decide the best offer for a tribal-state compact with the Native American tribe being treated as a sovereign nation not under the jurisdiction of any state laws; and

WHEREAS, Several states have argued that the federal requirement that states must negotiate compacts with Native American tribes is a violation of the states' sovereign immunity under the 11th Amendment to the United States Constitution which says that "the judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against on of the United States by Citizens of another State, or by Citizens or Subject of any Foreign State"; and

WHEREAS, In 1998, the Prairie Band of Potawatomi Indians of Kansas requested that the Department of Interior Bureau of Indian Affairs review the Band's claim to 1280 acres of land in DeKalb County, Illinois, and in 2001 the Department of Interior sent letters to the Illinois Governor and United States Speaker of the House of Representatives, Dennis Hastert, indicating that the Prairie Band may have a credible claim for unextinguished title to this land; and

WHEREAS, There have been recent revelations that in fact there could be more than one tribe seeking recognized title to the disputed land and any premature discussions on gaming should be avoided until the official tribal title is recognized; and

WHEREAS, If the Department of Interior Bureau of Indian Affairs does in fact eventually determine that title to the land belongs to any Native American tribe, then negotiations between the Native American tribe and the State of Illinois should become a public forum with open hearings for the purpose of receiving input from local leaders and businesses as well as other interested parties; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Governor of the State of Illinois is strongly encouraged to convene a Joint Committee of the Senate and the House to conduct public hearings prior to agreement of any compact with a Native American tribe for Indian gaming; and be it further

RESOLVED, That the 8-member Joint Committee shall be appointed 2 each by the leader of each legislative caucus and at least 4 of the appointees shall represent districts that are within 25 miles of the territory proposed for Indian gaming; and be it further

RESOLVED, That the Joint Committee of the Senate and the House shall be charged with holding a series of public meeting in DeKalb County as well as in other counties that have existing gaming facilities located within; and be it further

RESOLVED, That the purpose of the Joint Committee of the Senate and the House is to evaluate the social and economic impact of Indian gaming on the people of Illinois and to serve the vested State and local public interest in any potential action by the Office of the Governor to establish Indian gaming in the State of Illinois; and be it further

RESOLVED, That a suitable copy of this resolution shall be delivered to the Governor of the State of Illinois.