US (United States) Code. Title 25. Chapter 29: Indian gaming regulation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 29 - INDIAN GAMING REGULATION 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

CHAPTER 29 - INDIAN GAMING REGULATION

-MISC1-

Sec.

2701. Findings.

2702. Declaration of policy.

2703. Definitions.

2704. National Indian Gaming Commission.

(a) Establishment.

(b) Composition; investigation; term of office;

removal.

(c) Vacancies.

(d) Quorum.

(e) Vice Chairman.

(f) Meetings.

(g) Compensation.

2705. Powers of Chairman.

2706. Powers of Commission.

(a) Budget approval; civil fines; fees; subpoenas;

permanent orders.

(b) Monitoring; inspection of premises;

investigations; access to records; mail;

contracts; hearings; oaths; regulations.

2707. Commission staffing.

(a) General Counsel.

(b) Staff.

(c) Temporary services.

(d) Federal agency personnel.

(e) Administrative support services.

2708. Commission; access to information.

2709. Interim authority to regulate gaming.

2710. Tribal gaming ordinances.

(a) Jurisdiction over class I and class II gaming

activity.

(b) Regulation of class II gaming activity; net

revenue allocation; audits; contracts.

(c) Issuance of gaming license; certificate of

self-regulation.

(d) Class III gaming activities; authorization;

revocation; Tribal-State compact.

(e) Approval of ordinances.

2711. Management contracts.

(a) Class II gaming activity; information on

operators.

(b) Approval.

(c) Fee based on percentage of net revenues.

(d) Period for approval; extension.

(e) Disapproval.

(f) Modification or voiding.

(g) Interest in land.

(h) Authority.

(i) Investigation fee.

2712. Review of existing ordinances and contracts.

(a) Notification to submit.

(b) Approval or modification of ordinance or

resolution.

(c) Approval or modification of management

contract.

2713. Civil penalties.

(a) Authority; amount; appeal; written complaint.

(b) Temporary closure; hearing.

(c) Appeal from final decision.

(d) Regulatory authority under tribal law.

2714. Judicial review.

2715. Subpoena and deposition authority.

(a) Attendance, testimony, production of papers,

etc.

(b) Geographical location.

(c) Refusal of subpoena; court order; contempt.

(d) Depositions; notice.

(e) Oath or affirmation required.

(f) Witness fees.

2716. Investigative powers.

(a) Confidential information.

(b) Provision to law enforcement officials.

(c) Attorney General.

2717. Commission funding.

2717a. Availability of class II gaming activity fees to carry

out duties of Commission.

2718. Authorization of appropriations.

2719. Gaming on lands acquired after October 17, 1988.

(a) Prohibition on lands acquired in trust by

Secretary.

(b) Exceptions.

(c) Authority of Secretary not affected.

(d) Application of title 26.

2720. Dissemination of information.

2721. Severability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 81, 712e, 941l, 1708,

1775b, 4103, 4303 of this title; title 31 section 5312.

-End-

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25 USC Sec. 2701 01/06/03

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TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2701. Findings

-STATUTE-

The Congress finds that -

(1) numerous Indian tribes have become engaged in or have

licensed gaming activities on Indian lands as a means of

generating tribal governmental revenue;

(2) Federal courts have held that section 81 of this title

requires Secretarial review of management contracts dealing with

Indian gaming, but does not provide standards for approval of

such contracts;

(3) existing Federal law does not provide clear standards or

regulations for the conduct of gaming on Indian lands;

(4) a principal goal of Federal Indian policy is to promote

tribal economic development, tribal self-sufficiency, and strong

tribal government; and

(5) Indian tribes have the exclusive right to regulate gaming

activity on Indian lands if the gaming activity is not

specifically prohibited by Federal law and is conducted within a

State which does not, as a matter of criminal law and public

policy, prohibit such gaming activity.

-SOURCE-

(Pub. L. 100-497, Sec. 2, Oct. 17, 1988, 102 Stat. 2467.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 100-497 provided: "That this Act [enacting

this chapter and sections 1166 to 1168 of Title 18, Crimes and

Criminal Procedure] may be cited as the 'Indian Gaming Regulatory

Act'."

-End-

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25 USC Sec. 2702 01/06/03

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TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2702. Declaration of policy

-STATUTE-

The purpose of this chapter is -

(1) to provide a statutory basis for the operation of gaming by

Indian tribes as a means of promoting tribal economic

development, self-sufficiency, and strong tribal governments;

(2) to provide a statutory basis for the regulation of gaming

by an Indian tribe adequate to shield it from organized crime and

other corrupting influences, to ensure that the Indian tribe is

the primary beneficiary of the gaming operation, and to assure

that gaming is conducted fairly and honestly by both the operator

and players; and

(3) to declare that the establishment of independent Federal

regulatory authority for gaming on Indian lands, the

establishment of Federal standards for gaming on Indian lands,

and the establishment of a National Indian Gaming Commission are

necessary to meet congressional concerns regarding gaming and to

protect such gaming as a means of generating tribal revenue.

-SOURCE-

(Pub. L. 100-497, Sec. 3, Oct. 17, 1988, 102 Stat. 2467.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, known

as the Indian Gaming Regulatory Act, which is classified generally

to this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 2701 of this title

and Tables.

-End-

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25 USC Sec. 2703 01/06/03

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TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2703. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term "Attorney General" means the Attorney General of

the United States.

(2) The term "Chairman" means the Chairman of the National

Indian Gaming Commission.

(3) The term "Commission" means the National Indian Gaming

Commission established pursuant to section 2704 of this title.

(4) The term "Indian lands" means -

(A) all lands within the limits of any Indian reservation;

and

(B) any lands title to which is either held in trust by the

United States for the benefit of any Indian tribe or individual

or held by any Indian tribe or individual subject to

restriction by the United States against alienation and over

which an Indian tribe exercises governmental power.

(5) The term "Indian tribe" means any Indian tribe, band,

nation, or other organized group or community of Indians which -

(A) is recognized as eligible by the Secretary for the

special programs and services provided by the United States to

Indians because of their status as Indians, and

(B) is recognized as possessing powers of self-government.

(6) The term "class I gaming" means social games solely for

prizes of minimal value or traditional forms of Indian gaming

engaged in by individuals as a part of, or in connection with,

tribal ceremonies or celebrations.

(7)(A) The term "class II gaming" means -

(i) the game of chance commonly known as bingo (whether or

not electronic, computer, or other technologic aids are used in

connection therewith) -

(I) which is played for prizes, including monetary prizes,

with cards bearing numbers or other designations,

(II) in which the holder of the card covers such numbers or

designations when objects, similarly numbered or designated,

are drawn or electronically determined, and

(III) in which the game is won by the first person covering

a previously designated arrangement of numbers or

designations on such cards,

including (if played in the same location) pull-tabs, lotto,

punch boards, tip jars, instant bingo, and other games similar

to bingo, and

(ii) card games that -

(I) are explicitly authorized by the laws of the State, or

(II) are not explicitly prohibited by the laws of the State

and are played at any location in the State,

but only if such card games are played in conformity with those

laws and regulations (if any) of the State regarding hours or

periods of operation of such card games or limitations on

wagers or pot sizes in such card games.

(B) The term "class II gaming" does not include -

(i) any banking card games, including baccarat, chemin de

fer, or blackjack (21), or

(ii) electronic or electromechanical facsimiles of any game

of chance or slot machines of any kind.

(C) Notwithstanding any other provision of this paragraph, the

term "class II gaming" includes those card games played in the

State of Michigan, the State of North Dakota, the State of South

Dakota, or the State of Washington, that were actually operated

in such State by an Indian tribe on or before May 1, 1988, but

only to the extent of the nature and scope of the card games that

were actually operated by an Indian tribe in such State on or

before such date, as determined by the Chairman.

(D) Notwithstanding any other provision of this paragraph, the

term "class II gaming" includes, during the 1-year period

beginning on October 17, 1988, any gaming described in

subparagraph (B)(ii) that was legally operated on Indian lands on

or before May 1, 1988, if the Indian tribe having jurisdiction

over the lands on which such gaming was operated requests the

State, by no later than the date that is 30 days after October

17, 1988, to negotiate a Tribal-State compact under section

2710(d)(3) of this title.

(E) Notwithstanding any other provision of this paragraph, the

term "class II gaming" includes, during the 1-year period

beginning on December 17, 1991, any gaming described in

subparagraph (B)(ii) that was legally operated on Indian lands in

the State of Wisconsin on or before May 1, 1988, if the Indian

tribe having jurisdiction over the lands on which such gaming was

operated requested the State, by no later than November 16, 1988,

to negotiate a Tribal-State compact under section 2710(d)(3) of

this title.

(F) If, during the 1-year period described in subparagraph (E),

there is a final judicial determination that the gaming described

in subparagraph (E) is not legal as a matter of State law, then

such gaming on such Indian land shall cease to operate on the

date next following the date of such judicial decision.

(8) The term "class III gaming" means all forms of gaming that

are not class I gaming or class II gaming.

(9) The term "net revenues" means gross revenues of an Indian

gaming activity less amounts paid out as, or paid for, prizes and

total operating expenses, excluding management fees.

(10) The term "Secretary" means the Secretary of the Interior.

-SOURCE-

(Pub. L. 100-497, Sec. 4, Oct. 17, 1988, 102 Stat. 2467; Pub. L.

102-238, Sec. 2(a), Dec. 17, 1991, 105 Stat. 1908; Pub. L. 102-497,

Sec. 16, Oct. 24, 1992, 106 Stat. 3261.)

-MISC1-

AMENDMENTS

1992 - Par. (7)(E). Pub. L. 102-497 struck out "or Montana" after

"Wisconsin".

1991 - Par. (7)(E), (F). Pub. L. 102-238 added subpars. (E) and

(F).

CLASS II GAMING WITH RESPECT TO INDIAN TRIBES IN WISCONSIN OR

MONTANA ENGAGED IN NEGOTIATING TRIBAL-STATE COMPACTS

Pub. L. 101-301, Sec. 6, May 24, 1990, 104 Stat. 209, provided

that: "Notwithstanding any other provision of law, the term 'class

II gaming' includes, for purposes of applying Public Law 100-497

[25 U.S.C. 2701 et seq.] with respect to any Indian tribe located

in the State of Wisconsin or the State of Montana, during the

1-year period beginning on the date of enactment of this Act [May

24, 1990], any gaming described in section 4(7)(B)(ii) of Public

Law 100-497 [25 U.S.C. 2703(7)(B)(ii)] that was legally operated on

Indian lands on or before May 1, 1988, if the Indian tribe having

jurisdiction over the lands on which such gaming was operated made

a request, by no later than November 16, 1988, to the State in

which such gaming is operated to negotiate a Tribal-State compact

under section 11(d)(3) of Public Law 100-497 [25 U.S.C.

2710(d)(3)]."

TRIBAL-STATE COMPACT COVERING INDIAN TRIBES IN MINNESOTA; OPERATION

OF CLASS II GAMES; ALLOWANCE OF ADDITIONAL YEAR FOR NEGOTIATIONS

Pub. L. 101-121, title I, Sec. 118, Oct. 23, 1989, 103 Stat. 722,

provided that: "Notwithstanding any other provision of law, the

term 'Class II gaming' in Public Law 100-497 [25 U.S.C. 2701 et

seq.], for any Indian tribe located in the State of Minnesota,

includes, during the period commencing on the date of enactment of

this Act [Oct. 23, 1989] and continuing for 365 days from that

date, any gaming described in section 4(7)(B)(ii) of Public Law

100-497 [25 U.S.C. 2703(7)(B)(ii)] that was legally operated on

Indian lands on or before May 1, 1988, if the Indian tribe having

jurisdication [sic] over the lands on which such gaming was

operated, requested the State of Minnesota, no later than 30 days

after the date of enactment of Public Law 100-497 [Oct. 17, 1988],

to negotiate a tribal-state compact pursuant to section 11(d)(3) of

Public Law 100-497 [25 U.S.C. 2710(d)(3)]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1775b of this title; title

10 section 2323a; title 26 sections 45A, 168, 3402; title 28

sections 3701, 3704; title 31 section 5312.

-End-

-CITE-

25 USC Sec. 2704 01/06/03

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TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2704. National Indian Gaming Commission

-STATUTE-

(a) Establishment

There is established within the Department of the Interior a

Commission to be known as the National Indian Gaming Commission.

(b) Composition; investigation; term of office; removal

(1) The Commission shall be composed of three full-time members

who shall be appointed as follows:

(A) a Chairman, who shall be appointed by the President with

the advice and consent of the Senate; and

(B) two associate members who shall be appointed by the

Secretary of the Interior.

(2)(A) The Attorney General shall conduct a background

investigation on any person considered for appointment to the

Commission.

(B) The Secretary shall publish in the Federal Register the name

and other information the Secretary deems pertinent regarding a

nominee for membership on the Commission and shall allow a period

of not less than thirty days for receipt of public comment.

(3) Not more than two members of the Commission shall be of the

same political party. At least two members of the Commission shall

be enrolled members of any Indian tribe.

(4)(A) Except as provided in subparagraph (B), the term of office

of the members of the Commission shall be three years.

(B) Of the initial members of the Commission -

(i) two members, including the Chairman, shall have a term of

office of three years; and

(ii) one member shall have a term of office of one year.

(5) No individual shall be eligible for any appointment to, or to

continue service on, the Commission, who -

(A) has been convicted of a felony or gaming offense;

(B) has any financial interest in, or management responsibility

for, any gaming activity; or

(C) has a financial interest in, or management responsibility

for, any management contract approved pursuant to section 2711 of

this title.

(6) A Commissioner may only be removed from office before the

expiration of the term of office of the member by the President

(or, in the case of associate member, by the Secretary) for neglect

of duty, or malfeasance in office, or for other good cause shown.

(c) Vacancies

Vacancies occurring on the Commission shall be filled in the same

manner as the original appointment. A member may serve after the

expiration of his term of office until his successor has been

appointed, unless the member has been removed for cause under

subsection (b)(6) of this section.

(d) Quorum

Two members of the Commission, at least one of which is the

Chairman or Vice Chairman, shall constitute a quorum.

(e) Vice Chairman

The Commission shall select, by majority vote, one of the members

of the Commission to serve as Vice Chairman. The Vice Chairman

shall serve as Chairman during meetings of the Commission in the

absence of the Chairman.

(f) Meetings

The Commission shall meet at the call of the Chairman or a

majority of its members, but shall meet at least once every 4

months.

(g) Compensation

(1) The Chairman of the Commission shall be paid at a rate equal

to that of level IV of the Executive Schedule under section 5315 of

title 5.

(2) The associate members of the Commission shall each be paid at

a rate equal to that of level V of the Executive Schedule under

section 5316 of title 5.

(3) All members of the Commission shall be reimbursed in

accordance with title 5 for travel, subsistence, and other

necessary expenses incurred by them in the performance of their

duties.

-SOURCE-

(Pub. L. 100-497, Sec. 5, Oct. 17, 1988, 102 Stat. 2469.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2703 of this title.

-End-

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25 USC Sec. 2705 01/06/03

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TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2705. Powers of Chairman

-STATUTE-

(a) The Chairman, on behalf of the Commission, shall have power,

subject to an appeal to the Commission, to -

(1) issue orders of temporary closure of gaming activities as

provided in section 2713(b) of this title;

(2) levy and collect civil fines as provided in section 2713(a)

of this title;

(3) approve tribal ordinances or resolutions regulating class

II gaming and class III gaming as provided in section 2710 of

this title; and

(4) approve management contracts for class II gaming and class

III gaming as provided in sections 2710(d)(9) and 2711 of this

title.

(b) The Chairman shall have such other powers as may be delegated

by the Commission.

-SOURCE-

(Pub. L. 100-497, Sec. 6, Oct. 17, 1988, 102 Stat. 2470.)

-End-

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25 USC Sec. 2706 01/06/03

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TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2706. Powers of Commission

-STATUTE-

(a) Budget approval; civil fines; fees; subpoenas; permanent orders

The Commission shall have the power, not subject to delegation -

(1) upon the recommendation of the Chairman, to approve the

annual budget of the Commission as provided in section 2717 of

this title;

(2) to adopt regulations for the assessment and collection of

civil fines as provided in section 2713(a) of this title;

(3) by an affirmative vote of not less than 2 members, to

establish the rate of fees as provided in section 2717 of this

title;

(4) by an affirmative vote of not less than 2 members, to

authorize the Chairman to issue subpoenas as provided in section

2715 of this title; and

(5) by an affirmative vote of not less than 2 members and after

a full hearing, to make permanent a temporary order of the

Chairman closing a gaming activity as provided in section

2713(b)(2) of this title.

(b) Monitoring; inspection of premises; investigations; access to

records; mail; contracts; hearings; oaths; regulations

The Commission -

(1) shall monitor class II gaming conducted on Indian lands on

a continuing basis;

(2) shall inspect and examine all premises located on Indian

lands on which class II gaming is conducted;

(3) shall conduct or cause to be conducted such background

investigations as may be necessary;

(4) may demand access to and inspect, examine, photocopy, and

audit all papers, books, and records respecting gross revenues of

class II gaming conducted on Indian lands and any other matters

necessary to carry out the duties of the Commission under this

chapter;

(5) may use the United States mail in the same manner and under

the same conditions as any department or agency of the United

States;

(6) may procure supplies, services, and property by contract in

accordance with applicable Federal laws and regulations;

(7) may enter into contracts with Federal, State, tribal and

private entities for activities necessary to the discharge of the

duties of the Commission and, to the extent feasible, contract

the enforcement of the Commission's regulations with the Indian

tribes;

(8) may hold such hearings, sit and act at such times and

places, take such testimony, and receive such evidence as the

Commission deems appropriate;

(9) may administer oaths or affirmations to witnesses appearing

before the Commission; and

(10) shall promulgate such regulations and guidelines as it

deems appropriate to implement the provisions of this chapter.

-SOURCE-

(Pub. L. 100-497, Sec. 7, Oct. 17, 1988, 102 Stat. 2470.)

-COD-

CODIFICATION

Subsec. (c) of this section, which required the Commission to

submit a report to Congress every two years on various matters

relating to the operation of the Commission, terminated, effective

May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 114 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2710 of this title.

-End-

-CITE-

25 USC Sec. 2707 01/06/03

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TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2707. Commission staffing

-STATUTE-

(a) General Counsel

The Chairman shall appoint a General Counsel to the Commission

who shall be paid at the annual rate of basic pay payable for GS-18

of the General Schedule under section 5332 of title 5.

(b) Staff

The Chairman shall appoint and supervise other staff of the

Commission without regard to the provisions of title 5 governing

appointments in the competitive service. Such staff shall be paid

without regard to the provisions of chapter 51 and subchapter III

of chapter 53 of such title relating to classification and General

Schedule pay rates, except that no individual so appointed may

receive pay in excess of the annual rate of basic pay payable for

GS-17 of the General Schedule under section 5332 of that title.

(c) Temporary services

The Chairman may procure temporary and intermittent services

under section 3109(b) of title 5, but at rates for individuals not

to exceed the daily equivalent of the maximum annual rate of basic

pay payable for GS-18 of the General Schedule.

(d) Federal agency personnel

Upon the request of the Chairman, the head of any Federal agency

is authorized to detail any of the personnel of such agency to the

Commission to assist the Commission in carrying out its duties

under this chapter, unless otherwise prohibited by law.

(e) Administrative support services

The Secretary or Administrator of General Services shall provide

to the Commission on a reimbursable basis such administrative

support services as the Commission may request.

-SOURCE-

(Pub. L. 100-497, Sec. 8, Oct. 17, 1988, 102 Stat. 2471.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (b), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2703, 2705, 2711, 2712,

2713, 2714, 2719 of this title; title 18 section 1166.

-End-

-CITE-

25 USC Sec. 2708 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2708. Commission; access to information

-STATUTE-

The Commission may secure from any department or agency of the

United States information necessary to enable it to carry out this

chapter. Upon the request of the Chairman, the head of such

department or agency shall furnish such information to the

Commission, unless otherwise prohibited by law.

-SOURCE-

(Pub. L. 100-497, Sec. 9, Oct. 17, 1988, 102 Stat. 2472.)

-End-

-CITE-

25 USC Sec. 2709 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2709. Interim authority to regulate gaming

-STATUTE-

Notwithstanding any other provision of this chapter, the

Secretary shall continue to exercise those authorities vested in

the Secretary on the day before October 17, 1988, relating to

supervision of Indian gaming until such time as the Commission is

organized and prescribes regulations. The Secretary shall provide

staff and support assistance to facilitate an orderly transition to

regulation of Indian gaming by the Commission.

-SOURCE-

(Pub. L. 100-497, Sec. 10, Oct. 17, 1988, 102 Stat. 2472.)

-End-

-CITE-

25 USC Sec. 2710 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2710. Tribal gaming ordinances

-STATUTE-

(a) Jurisdiction over class I and class II gaming activity

(1) Class I gaming on Indian lands is within the exclusive

jurisdiction of the Indian tribes and shall not be subject to the

provisions of this chapter.

(2) Any class II gaming on Indian lands shall continue to be

within the jurisdiction of the Indian tribes, but shall be subject

to the provisions of this chapter.

(b) Regulation of class II gaming activity; net revenue allocation;

audits; contracts

(1) An Indian tribe may engage in, or license and regulate, class

II gaming on Indian lands within such tribe's jurisdiction, if -

(A) such Indian gaming is located within a State that permits

such gaming for any purpose by any person, organization or entity

(and such gaming is not otherwise specifically prohibited on

Indian lands by Federal law), and

(B) the governing body of the Indian tribe adopts an ordinance

or resolution which is approved by the Chairman.

A separate license issued by the Indian tribe shall be required for

each place, facility, or location on Indian lands at which class II

gaming is conducted.

(2) The Chairman shall approve any tribal ordinance or resolution

concerning the conduct, or regulation of class II gaming on the

Indian lands within the tribe's jurisdiction if such ordinance or

resolution provides that -

(A) except as provided in paragraph (4), the Indian tribe will

have the sole proprietary interest and responsibility for the

conduct of any gaming activity;

(B) net revenues from any tribal gaming are not to be used for

purposes other than -

(i) to fund tribal government operations or programs;

(ii) to provide for the general welfare of the Indian tribe

and its members;

(iii) to promote tribal economic development;

(iv) to donate to charitable organizations; or

(v) to help fund operations of local government agencies;

(C) annual outside audits of the gaming, which may be

encompassed within existing independent tribal audit systems,

will be provided by the Indian tribe to the Commission;

(D) all contracts for supplies, services, or concessions for a

contract amount in excess of $25,000 annually (except contracts

for professional legal or accounting services) relating to such

gaming shall be subject to such independent audits;

(E) the construction and maintenance of the gaming facility,

and the operation of that gaming is conducted in a manner which

adequately protects the environment and the public health and

safety; and

(F) there is an adequate system which -

(i) ensures that background investigations are conducted on

the primary management officials and key employees of the

gaming enterprise and that oversight of such officials and

their management is conducted on an ongoing basis; and

(ii) includes -

(I) tribal licenses for primary management officials and

key employees of the gaming enterprise with prompt

notification to the Commission of the issuance of such

licenses;

(II) a standard whereby any person whose prior activities,

criminal record, if any, or reputation, habits and

associations pose a threat to the public interest or to the

effective regulation of gaming, or create or enhance the

dangers of unsuitable, unfair, or illegal practices and

methods and activities in the conduct of gaming shall not be

eligible for employment; and

(III) notification by the Indian tribe to the Commission of

the results of such background check before the issuance of

any of such licenses.

(3) Net revenues from any class II gaming activities conducted or

licensed by any Indian tribe may be used to make per capita

payments to members of the Indian tribe only if -

(A) the Indian tribe has prepared a plan to allocate revenues

to uses authorized by paragraph (2)(B);

(B) the plan is approved by the Secretary as adequate,

particularly with respect to uses described in clause (i) or

(iii) of paragraph (2)(B);

(C) the interests of minors and other legally incompetent

persons who are entitled to receive any of the per capita

payments are protected and preserved and the per capita payments

are disbursed to the parents or legal guardian of such minors or

legal incompetents in such amounts as may be necessary for the

health, education, or welfare, of the minor or other legally

incompetent person under a plan approved by the Secretary and the

governing body of the Indian tribe; and

(D) the per capita payments are subject to Federal taxation and

tribes notify members of such tax liability when payments are

made.

(4)(A) A tribal ordinance or resolution may provide for the

licensing or regulation of class II gaming activities owned by any

person or entity other than the Indian tribe and conducted on

Indian lands, only if the tribal licensing requirements include the

requirements described in the subclauses of subparagraph (B)(i) and

are at least as restrictive as those established by State law

governing similar gaming within the jurisdiction of the State

within which such Indian lands are located. No person or entity,

other than the Indian tribe, shall be eligible to receive a tribal

license to own a class II gaming activity conducted on Indian lands

within the jurisdiction of the Indian tribe if such person or

entity would not be eligible to receive a State license to conduct

the same activity within the jurisdiction of the State.

(B)(i) The provisions of subparagraph (A) of this paragraph and

the provisions of subparagraphs (A) and (B) of paragraph (2) shall

not bar the continued operation of an individually owned class II

gaming operation that was operating on September 1, 1986, if -

(I) such gaming operation is licensed and regulated by an

Indian tribe pursuant to an ordinance reviewed and approved by

the Commission in accordance with section 2712 of this title,

(II) income to the Indian tribe from such gaming is used only

for the purposes described in paragraph (2)(B) of this

subsection,

(III) not less than 60 percent of the net revenues is income to

the Indian tribe, and

(IV) the owner of such gaming operation pays an appropriate

assessment to the National Indian Gaming Commission under section

2717(a)(1) of this title for regulation of such gaming.

(ii) The exemption from the application of this subsection

provided under this subparagraph may not be transferred to any

person or entity and shall remain in effect only so long as the

gaming activity remains within the same nature and scope as

operated on October 17, 1988.

(iii) Within sixty days of October 17, 1988, the Secretary shall

prepare a list of each individually owned gaming operation to which

clause (i) applies and shall publish such list in the Federal

Register.

(c) Issuance of gaming license; certificate of self-regulation

(1) The Commission may consult with appropriate law enforcement

officials concerning gaming licenses issued by an Indian tribe and

shall have thirty days to notify the Indian tribe of any objections

to issuance of such license.

(2) If, after the issuance of a gaming license by an Indian

tribe, reliable information is received from the Commission

indicating that a primary management official or key employee does

not meet the standard established under subsection

(b)(2)(F)(ii)(II) of this section, the Indian tribe shall suspend

such license and, after notice and hearing, may revoke such

license.

(3) Any Indian tribe which operates a class II gaming activity

and which -

(A) has continuously conducted such activity for a period of

not less than three years, including at least one year after

October 17, 1988; and

(B) has otherwise complied with the provisions of this section

(!1)

may petition the Commission for a certificate of self-regulation.

(4) The Commission shall issue a certificate of self-regulation

if it determines from available information, and after a hearing if

requested by the tribe, that the tribe has -

(A) conducted its gaming activity in a manner which -

(i) has resulted in an effective and honest accounting of all

revenues;

(ii) has resulted in a reputation for safe, fair, and honest

operation of the activity; and

(iii) has been generally free of evidence of criminal or

dishonest activity;

(B) adopted and is implementing adequate systems for -

(i) accounting for all revenues from the activity;

(ii) investigation, licensing, and monitoring of all

employees of the gaming activity; and

(iii) investigation, enforcement and prosecution of

violations of its gaming ordinance and regulations; and

(C) conducted the operation on a fiscally and economically

sound basis.

(5) During any year in which a tribe has a certificate for

self-regulation -

(A) the tribe shall not be subject to the provisions of

paragraphs (1), (2), (3), and (4) of section 2706(b) of this

title;

(B) the tribe shall continue to submit an annual independent

audit as required by subsection (b)(2)(C) of this section and

shall submit to the Commission a complete resume on all employees

hired and licensed by the tribe subsequent to the issuance of a

certificate of self-regulation; and

(C) the Commission may not assess a fee on such activity

pursuant to section 2717 of this title in excess of one quarter

of 1 per centum of the gross revenue.

(6) The Commission may, for just cause and after an opportunity

for a hearing, remove a certificate of self-regulation by majority

vote of its members.

(d) Class III gaming activities; authorization; revocation;

Tribal-State compact

(1) Class III gaming activities shall be lawful on Indian lands

only if such activities are -

(A) authorized by an ordinance or resolution that -

(i) is adopted by the governing body of the Indian tribe

having jurisdiction over such lands,

(ii) meets the requirements of subsection (b) of this

section, and

(iii) is approved by the Chairman,

(B) located in a State that permits such gaming for any purpose

by any person, organization, or entity, and

(C) conducted in conformance with a Tribal-State compact

entered into by the Indian tribe and the State under paragraph

(3) that is in effect.

(2)(A) If any Indian tribe proposes to engage in, or to authorize

any person or entity to engage in, a class III gaming activity on

Indian lands of the Indian tribe, the governing body of the Indian

tribe shall adopt and submit to the Chairman an ordinance or

resolution that meets the requirements of subsection (b) of this

section.

(B) The Chairman shall approve any ordinance or resolution

described in subparagraph (A), unless the Chairman specifically

determines that -

(i) the ordinance or resolution was not adopted in compliance

with the governing documents of the Indian tribe, or

(ii) the tribal governing body was significantly and unduly

influenced in the adoption of such ordinance or resolution by any

person identified in section 2711(e)(1)(D) of this title.

Upon the approval of such an ordinance or resolution, the Chairman

shall publish in the Federal Register such ordinance or resolution

and the order of approval.

(C) Effective with the publication under subparagraph (B) of an

ordinance or resolution adopted by the governing body of an Indian

tribe that has been approved by the Chairman under subparagraph

(B), class III gaming activity on the Indian lands of the Indian

tribe shall be fully subject to the terms and conditions of the

Tribal-State compact entered into under paragraph (3) by the Indian

tribe that is in effect.

(D)(i) The governing body of an Indian tribe, in its sole

discretion and without the approval of the Chairman, may adopt an

ordinance or resolution revoking any prior ordinance or resolution

that authorized class III gaming on the Indian lands of the Indian

tribe. Such revocation shall render class III gaming illegal on the

Indian lands of such Indian tribe.

(ii) The Indian tribe shall submit any revocation ordinance or

resolution described in clause (i) to the Chairman. The Chairman

shall publish such ordinance or resolution in the Federal Register

and the revocation provided by such ordinance or resolution shall

take effect on the date of such publication.

(iii) Notwithstanding any other provision of this subsection -

(I) any person or entity operating a class III gaming activity

pursuant to this paragraph on the date on which an ordinance or

resolution described in clause (i) that revokes authorization for

such class III gaming activity is published in the Federal

Register may, during the 1-year period beginning on the date on

which such revocation ordinance or resolution is published under

clause (ii), continue to operate such activity in conformance

with the Tribal-State compact entered into under paragraph (3)

that is in effect, and

(II) any civil action that arises before, and any crime that is

committed before, the close of such 1-year period shall not be

affected by such revocation ordinance or resolution.

(3)(A) Any Indian tribe having jurisdiction over the Indian lands

upon which a class III gaming activity is being conducted, or is to

be conducted, shall request the State in which such lands are

located to enter into negotiations for the purpose of entering into

a Tribal-State compact governing the conduct of gaming activities.

Upon receiving such a request, the State shall negotiate with the

Indian tribe in good faith to enter into such a compact.

(B) Any State and any Indian tribe may enter into a Tribal-State

compact governing gaming activities on the Indian lands of the

Indian tribe, but such compact shall take effect only when notice

of approval by the Secretary of such compact has been published by

the Secretary in the Federal Register.

(C) Any Tribal-State compact negotiated under subparagraph (A)

may include provisions relating to -

(i) the application of the criminal and civil laws and

regulations of the Indian tribe or the State that are directly

related to, and necessary for, the licensing and regulation of

such activity;

(ii) the allocation of criminal and civil jurisdiction between

the State and the Indian tribe necessary for the enforcement of

such laws and regulations;

(iii) the assessment by the State of such activities in such

amounts as are necessary to defray the costs of regulating such

activity;

(iv) taxation by the Indian tribe of such activity in amounts

comparable to amounts assessed by the State for comparable

activities;

(v) remedies for breach of contract;

(vi) standards for the operation of such activity and

maintenance of the gaming facility, including licensing; and

(vii) any other subjects that are directly related to the

operation of gaming activities.

(4) Except for any assessments that may be agreed to under

paragraph (3)(C)(iii) of this subsection, nothing in this section

shall be interpreted as conferring upon a State or any of its

political subdivisions authority to impose any tax, fee, charge, or

other assessment upon an Indian tribe or upon any other person or

entity authorized by an Indian tribe to engage in a class III

activity. No State may refuse to enter into the negotiations

described in paragraph (3)(A) based upon the lack of authority in

such State, or its political subdivisions, to impose such a tax,

fee, charge, or other assessment.

(5) Nothing in this subsection shall impair the right of an

Indian tribe to regulate class III gaming on its Indian lands

concurrently with the State, except to the extent that such

regulation is inconsistent with, or less stringent than, the State

laws and regulations made applicable by any Tribal-State compact

entered into by the Indian tribe under paragraph (3) that is in

effect.

(6) The provisions of section 1175 of title 15 shall not apply to

any gaming conducted under a Tribal-State compact that -

(A) is entered into under paragraph (3) by a State in which

gambling devices are legal, and

(B) is in effect.

(7)(A) The United States district courts shall have jurisdiction

over -

(i) any cause of action initiated by an Indian tribe arising

from the failure of a State to enter into negotiations with the

Indian tribe for the purpose of entering into a Tribal-State

compact under paragraph (3) or to conduct such negotiations in

good faith,

(ii) any cause of action initiated by a State or Indian tribe

to enjoin a class III gaming activity located on Indian lands and

conducted in violation of any Tribal-State compact entered into

under paragraph (3) that is in effect, and

(iii) any cause of action initiated by the Secretary to enforce

the procedures prescribed under subparagraph (B)(vii).

(B)(i) An Indian tribe may initiate a cause of action described

in subparagraph (A)(i) only after the close of the 180-day period

beginning on the date on which the Indian tribe requested the State

to enter into negotiations under paragraph (3)(A).

(ii) In any action described in subparagraph (A)(i), upon the

introduction of evidence by an Indian tribe that -

(I) a Tribal-State compact has not been entered into under

paragraph (3), and

(II) the State did not respond to the request of the Indian

tribe to negotiate such a compact or did not respond to such

request in good faith,

the burden of proof shall be upon the State to prove that the State

has negotiated with the Indian tribe in good faith to conclude a

Tribal-State compact governing the conduct of gaming activities.

(iii) If, in any action described in subparagraph (A)(i), the

court finds that the State has failed to negotiate in good faith

with the Indian tribe to conclude a Tribal-State compact governing

the conduct of gaming activities, the court shall order the State

and the Indian Tribe (!2) to conclude such a compact within a

60-day period. In determining in such an action whether a State has

negotiated in good faith, the court -

(I) may take into account the public interest, public safety,

criminality, financial integrity, and adverse economic impacts on

existing gaming activities, and

(II) shall consider any demand by the State for direct taxation

of the Indian tribe or of any Indian lands as evidence that the

State has not negotiated in good faith.

(iv) If a State and an Indian tribe fail to conclude a

Tribal-State compact governing the conduct of gaming activities on

the Indian lands subject to the jurisdiction of such Indian tribe

within the 60-day period provided in the order of a court issued

under clause (iii), the Indian tribe and the State shall each

submit to a mediator appointed by the court a proposed compact that

represents their last best offer for a compact. The mediator shall

select from the two proposed compacts the one which best comports

with the terms of this chapter and any other applicable Federal law

and with the findings and order of the court.

(v) The mediator appointed by the court under clause (iv) shall

submit to the State and the Indian tribe the compact selected by

the mediator under clause (iv).

(vi) If a State consents to a proposed compact during the 60-day

period beginning on the date on which the proposed compact is

submitted by the mediator to the State under clause (v), the

proposed compact shall be treated as a Tribal-State compact entered

into under paragraph (3).

(vii) If the State does not consent during the 60-day period

described in clause (vi) to a proposed compact submitted by a

mediator under clause (v), the mediator shall notify the Secretary

and the Secretary shall prescribe, in consultation with the Indian

tribe, procedures -

(I) which are consistent with the proposed compact selected by

the mediator under clause (iv), the provisions of this chapter,

and the relevant provisions of the laws of the State, and

(II) under which class III gaming may be conducted on the

Indian lands over which the Indian tribe has jurisdiction.

(8)(A) The Secretary is authorized to approve any Tribal-State

compact entered into between an Indian tribe and a State governing

gaming on Indian lands of such Indian tribe.

(B) The Secretary may disapprove a compact described in

subparagraph (A) only if such compact violates -

(i) any provision of this chapter,

(ii) any other provision of Federal law that does not relate to

jurisdiction over gaming on Indian lands, or

(iii) the trust obligations of the United States to Indians.

(C) If the Secretary does not approve or disapprove a compact

described in subparagraph (A) before the date that is 45 days after

the date on which the compact is submitted to the Secretary for

approval, the compact shall be considered to have been approved by

the Secretary, but only to the extent the compact is consistent

with the provisions of this chapter.

(D) The Secretary shall publish in the Federal Register notice of

any Tribal-State compact that is approved, or considered to have

been approved, under this paragraph.

(9) An Indian tribe may enter into a management contract for the

operation of a class III gaming activity if such contract has been

submitted to, and approved by, the Chairman. The Chairman's review

and approval of such contract shall be governed by the provisions

of subsections (b), (c), (d), (f), (g), and (h) of section 2711 of

this title.

(e) Approval of ordinances

For purposes of this section, by not later than the date that is

90 days after the date on which any tribal gaming ordinance or

resolution is submitted to the Chairman, the Chairman shall approve

such ordinance or resolution if it meets the requirements of this

section. Any such ordinance or resolution not acted upon at the end

of that 90-day period shall be considered to have been approved by

the Chairman, but only to the extent such ordinance or resolution

is consistent with the provisions of this chapter.

-SOURCE-

(Pub. L. 100-497, Sec. 11, Oct. 17, 1988, 102 Stat. 2472.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1775b, 2703 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

(!2) So in original. Probably should not be capitalized.

-End-

-CITE-

25 USC Sec. 2711 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2711. Management contracts

-STATUTE-

(a) Class II gaming activity; information on operators

(1) Subject to the approval of the Chairman, an Indian tribe may

enter into a management contract for the operation and management

of a class II gaming activity that the Indian tribe may engage in

under section 2710(b)(1) of this title, but, before approving such

contract, the Chairman shall require and obtain the following

information:

(A) the name, address, and other additional pertinent

background information on each person or entity (including

individuals comprising such entity) having a direct financial

interest in, or management responsibility for, such contract,

and, in the case of a corporation, those individuals who serve on

the board of directors of such corporation and each of its

stockholders who hold (directly or indirectly) 10 percent or more

of its issued and outstanding stock;

(B) a description of any previous experience that each person

listed pursuant to subparagraph (A) has had with other gaming

contracts with Indian tribes or with the gaming industry

generally, including specifically the name and address of any

licensing or regulatory agency with which such person has had a

contract relating to gaming; and

(C) a complete financial statement of each person listed

pursuant to subparagraph (A).

(2) Any person listed pursuant to paragraph (1)(A) shall be

required to respond to such written or oral questions that the

Chairman may propound in accordance with his responsibilities under

this section.

(3) For purposes of this chapter, any reference to the management

contract described in paragraph (1) shall be considered to include

all collateral agreements to such contract that relate to the

gaming activity.

(b) Approval

The Chairman may approve any management contract entered into

pursuant to this section only if he determines that it provides at

least -

(1) for adequate accounting procedures that are maintained, and

for verifiable financial reports that are prepared, by or for the

tribal governing body on a monthly basis;

(2) for access to the daily operations of the gaming to

appropriate tribal officials who shall also have a right to

verify the daily gross revenues and income made from any such

tribal gaming activity;

(3) for a minimum guaranteed payment to the Indian tribe that

has preference over the retirement of development and

construction costs;

(4) for an agreed ceiling for the repayment of development and

construction costs;

(5) for a contract term not to exceed five years, except that,

upon the request of an Indian tribe, the Chairman may authorize a

contract term that exceeds five years but does not exceed seven

years if the Chairman is satisfied that the capital investment

required, and the income projections, for the particular gaming

activity require the additional time; and

(6) for grounds and mechanisms for terminating such contract,

but actual contract termination shall not require the approval of

the Commission.

(c) Fee based on percentage of net revenues

(1) The Chairman may approve a management contract providing for

a fee based upon a percentage of the net revenues of a tribal

gaming activity if the Chairman determines that such percentage fee

is reasonable in light of surrounding circumstances. Except as

otherwise provided in this subsection, such fee shall not exceed 30

percent of the net revenues.

(2) Upon the request of an Indian tribe, the Chairman may approve

a management contract providing for a fee based upon a percentage

of the net revenues of a tribal gaming activity that exceeds 30

percent but not 40 percent of the net revenues if the Chairman is

satisfied that the capital investment required, and income

projections, for such tribal gaming activity require the additional

fee requested by the Indian tribe.

(d) Period for approval; extension

By no later than the date that is 180 days after the date on

which a management contract is submitted to the Chairman for

approval, the Chairman shall approve or disapprove such contract on

its merits. The Chairman may extend the 180-day period by not more

than 90 days if the Chairman notifies the Indian tribe in writing

of the reason for the extension. The Indian tribe may bring an

action in a United States district court to compel action by the

Chairman if a contract has not been approved or disapproved within

the period required by this subsection.

(e) Disapproval

The Chairman shall not approve any contract if the Chairman

determines that -

(1) any person listed pursuant to subsection (a)(1)(A) of this

section -

(A) is an elected member of the governing body of the Indian

tribe which is the party to the management contract;

(B) has been or subsequently is convicted of any felony or

gaming offense;

(C) has knowingly and willfully provided materially important

false statements or information to the Commission or the Indian

tribe pursuant to this chapter or has refused to respond to

questions propounded pursuant to subsection (a)(2) of this

section; or

(D) has been determined to be a person whose prior

activities, criminal record if any, or reputation, habits, and

associations pose a threat to the public interest or to the

effective regulation and control of gaming, or create or

enhance the dangers of unsuitable, unfair, or illegal

practices, methods, and activities in the conduct of gaming or

the carrying on of the business and financial arrangements

incidental thereto;

(2) the management contractor has, or has attempted to, unduly

interfere or influence for its gain or advantage any decision or

process of tribal government relating to the gaming activity;

(3) the management contractor has deliberately or substantially

failed to comply with the terms of the management contract or the

tribal gaming ordinance or resolution adopted and approved

pursuant to this chapter; or

(4) a trustee, exercising the skill and diligence that a

trustee is commonly held to, would not approve the contract.

(f) Modification or voiding

The Chairman, after notice and hearing, shall have the authority

to require appropriate contract modifications or may void any

contract if he subsequently determines that any of the provisions

of this section have been violated.

(g) Interest in land

No management contract for the operation and management of a

gaming activity regulated by this chapter shall transfer or, in any

other manner, convey any interest in land or other real property,

unless specific statutory authority exists and unless clearly

specified in writing in said contract.

(h) Authority

The authority of the Secretary under section 81 of this title,

relating to management contracts regulated pursuant to this

chapter, is hereby transferred to the Commission.

(i) Investigation fee

The Commission shall require a potential contractor to pay a fee

to cover the cost of the investigation necessary to reach a

determination required in subsection (e) of this section.

-SOURCE-

(Pub. L. 100-497, Sec. 12, Oct. 17, 1988, 102 Stat. 2479.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2704, 2705, 2710, 2712,

2714 of this title.

-End-

-CITE-

25 USC Sec. 2712 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2712. Review of existing ordinances and contracts

-STATUTE-

(a) Notification to submit

As soon as practicable after the organization of the Commission,

the Chairman shall notify each Indian tribe or management

contractor who, prior to October 17, 1988, adopted an ordinance or

resolution authorizing class II gaming or class III gaming or

entered into a management contract, that such ordinance,

resolution, or contract, including all collateral agreements

relating to the gaming activity, must be submitted for his review

within 60 days of such notification. Any activity conducted under

such ordinance, resolution, contract, or agreement shall be valid

under this chapter, or any amendment made by this chapter, unless

disapproved under this section.

(b) Approval or modification of ordinance or resolution

(1) By no later than the date that is 90 days after the date on

which an ordinance or resolution authorizing class II gaming or

class III gaming is submitted to the Chairman pursuant to

subsection (a) of this section, the Chairman shall review such

ordinance or resolution to determine if it conforms to the

requirements of section 2710(b) of this title.

(2) If the Chairman determines that an ordinance or resolution

submitted under subsection (a) of this section conforms to the

requirements of section 2710(b) of this title, the Chairman shall

approve it.

(3) If the Chairman determines that an ordinance or resolution

submitted under subsection (a) of this section does not conform to

the requirements of section 2710(b) of this title, the Chairman

shall provide written notification of necessary modifications to

the Indian tribe which shall have not more than 120 days to bring

such ordinance or resolution into compliance.

(c) Approval or modification of management contract

(1) Within 180 days after the submission of a management

contract, including all collateral agreements, pursuant to

subsection (a) of this section, the Chairman shall subject such

contract to the requirements and process of section 2711 of this

title.

(2) If the Chairman determines that a management contract

submitted under subsection (a) of this section, and the management

contractor under such contract, meet the requirements of section

2711 of this title, the Chairman shall approve the management

contract.

(3) If the Chairman determines that a contract submitted under

subsection (a) of this section, or the management contractor under

a contract submitted under subsection (a) of this section, does not

meet the requirements of section 2711 of this title, the Chairman

shall provide written notification to the parties to such contract

of necessary modifications and the parties shall have not more than

120 days to come into compliance. If a management contract has been

approved by the Secretary prior to October 17, 1988, the parties

shall have not more than 180 days after notification of necessary

modifications to come into compliance.

-SOURCE-

(Pub. L. 100-497, Sec. 13, Oct. 17, 1988, 102 Stat. 2481.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2710, 2713, 2714 of this

title.

-End-

-CITE-

25 USC Sec. 2713 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2713. Civil penalties

-STATUTE-

(a) Authority; amount; appeal; written complaint

(1) Subject to such regulations as may be prescribed by the

Commission, the Chairman shall have authority to levy and collect

appropriate civil fines, not to exceed $25,000 per violation,

against the tribal operator of an Indian game or a management

contractor engaged in gaming for any violation of any provision of

this chapter, any regulation prescribed by the Commission pursuant

to this chapter, or tribal regulations, ordinances, or resolutions

approved under section 2710 or 2712 of this title.

(2) The Commission shall, by regulation, provide an opportunity

for an appeal and hearing before the Commission on fines levied and

collected by the Chairman.

(3) Whenever the Commission has reason to believe that the tribal

operator of an Indian game or a management contractor is engaged in

activities regulated by this chapter, by regulations prescribed

under this chapter, or by tribal regulations, ordinances, or

resolutions, approved under section 2710 or 2712 of this title,

that may result in the imposition of a fine under subsection (a)(1)

of this section, the permanent closure of such game, or the

modification or termination of any management contract, the

Commission shall provide such tribal operator or management

contractor with a written complaint stating the acts or omissions

which form the basis for such belief and the action or choice of

action being considered by the Commission. The allegation shall be

set forth in common and concise language and must specify the

statutory or regulatory provisions alleged to have been violated,

but may not consist merely of allegations stated in statutory or

regulatory language.

(b) Temporary closure; hearing

(1) The Chairman shall have power to order temporary closure of

an Indian game for substantial violation of the provisions of this

chapter, of regulations prescribed by the Commission pursuant to

this chapter, or of tribal regulations, ordinances, or resolutions

approved under section 2710 or 2712 of this title.

(2) Not later than thirty days after the issuance by the Chairman

of an order of temporary closure, the Indian tribe or management

contractor involved shall have a right to a hearing before the

Commission to determine whether such order should be made permanent

or dissolved. Not later than sixty days following such hearing, the

Commission shall, by a vote of not less than two of its members,

decide whether to order a permanent closure of the gaming

operation.

(c) Appeal from final decision

A decision of the Commission to give final approval of a fine

levied by the Chairman or to order a permanent closure pursuant to

this section shall be appealable to the appropriate Federal

district court pursuant to chapter 7 of title 5.

(d) Regulatory authority under tribal law

Nothing in this chapter precludes an Indian tribe from exercising

regulatory authority provided under tribal law over a gaming

establishment within the Indian tribe's jurisdiction if such

regulation is not inconsistent with this chapter or with any rules

or regulations adopted by the Commission.

-SOURCE-

(Pub. L. 100-497, Sec. 14, Oct. 17, 1988, 102 Stat. 2482.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2705, 2706, 2714 of this

title.

-End-

-CITE-

25 USC Sec. 2714 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2714. Judicial review

-STATUTE-

Decisions made by the Commission pursuant to sections 2710, 2711,

2712, and 2713 of this title shall be final agency decisions for

purposes of appeal to the appropriate Federal district court

pursuant to chapter 7 of title 5.

-SOURCE-

(Pub. L. 100-497, Sec. 15, Oct. 17, 1988, 102 Stat. 2483.)

-End-

-CITE-

25 USC Sec. 2715 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2715. Subpoena and deposition authority

-STATUTE-

(a) Attendance, testimony, production of papers, etc.

By a vote of not less than two members, the Commission shall have

the power to require by subpoena the attendance and testimony of

witnesses and the production of all books, papers, and documents

relating to any matter under consideration or investigation.

Witnesses so summoned shall be paid the same fees and mileage that

are paid witnesses in the courts of the United States.

(b) Geographical location

The attendance of witnesses and the production of books, papers,

and documents, may be required from any place in the United States

at any designated place of hearing. The Commission may request the

Secretary to request the Attorney General to bring an action to

enforce any subpoena under this section.

(c) Refusal of subpoena; court order; contempt

Any court of the United States within the jurisdiction of which

an inquiry is carried on may, in case of contumacy or refusal to

obey a subpoena for any reason, issue an order requiring such

person to appear before the Commission (and produce books, papers,

or documents as so ordered) and give evidence concerning the matter

in question and any failure to obey such order of the court may be

punished by such court as a contempt thereof.

(d) Depositions; notice

A Commissioner may order testimony to be taken by deposition in

any proceeding or investigation pending before the Commission at

any stage of such proceeding or investigation. Such depositions may

be taken before any person designated by the Commission and having

power to administer oaths. Reasonable notice must first be given to

the Commission in writing by the party or his attorney proposing to

take such deposition, and, in cases in which a Commissioner

proposes to take a deposition, reasonable notice must be given. The

notice shall state the name of the witness and the time and place

of the taking of his deposition. Any person may be compelled to

appear and depose, and to produce books, papers, or documents, in

the same manner as witnesses may be compelled to appear and testify

and produce like documentary evidence before the Commission, as

hereinbefore provided.

(e) Oath or affirmation required

Every person deposing as herein provided shall be cautioned and

shall be required to swear (or affirm, if he so requests) to

testify to the whole truth, and shall be carefully examined. His

testimony shall be reduced to writing by the person taking the

deposition, or under his direction, and shall, after it has been

reduced to writing, be subscribed by the deponent. All depositions

shall be promptly filed with the Commission.

(f) Witness fees

Witnesses whose depositions are taken as authorized in this

section, and the persons taking the same, shall severally be

entitled to the same fees as are paid for like services in the

courts of the United States.

-SOURCE-

(Pub. L. 100-497, Sec. 16, Oct. 17, 1988, 102 Stat. 2483.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2706 of this title.

-End-

-CITE-

25 USC Sec. 2716 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2716. Investigative powers

-STATUTE-

(a) Confidential information

Except as provided in subsection (b) of this section, the

Commission shall preserve any and all information received pursuant

to this chapter as confidential pursuant to the provisions of

paragraphs (4) and (7) of section 552(b) of title 5.

(b) Provision to law enforcement officials

The Commission shall, when such information indicates a violation

of Federal, State, or tribal statutes, ordinances, or resolutions,

provide such information to the appropriate law enforcement

officials.

(c) Attorney General

The Attorney General shall investigate activities associated with

gaming authorized by this chapter which may be a violation of

Federal law.

-SOURCE-

(Pub. L. 100-497, Sec. 17, Oct. 17, 1988, 102 Stat. 2484.)

-End-

-CITE-

25 USC Sec. 2717 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2717. Commission funding

-STATUTE-

(a)(1) The Commission shall establish a schedule of fees to be

paid to the Commission annually by each gaming operation that

conducts a class II or class III gaming activity that is regulated

by this chapter.

(2)(A) The rate of the fees imposed under the schedule

established under paragraph (1) shall be -

(i) no more than 2.5 percent of the first $1,500,000, and

(ii) no more than 5 percent of amounts in excess of the first

$1,500,000,

of the gross revenues from each activity regulated by this chapter.

(B) The total amount of all fees imposed during any fiscal year

under the schedule established under paragraph (1) shall not exceed

$8,000,000.

(3) The Commission, by a vote of not less than two of its

members, shall annually adopt the rate of the fees authorized by

this section which shall be payable to the Commission on a

quarterly basis.

(4) Failure to pay the fees imposed under the schedule

established under paragraph (1) shall, subject to the regulations

of the Commission, be grounds for revocation of the approval of the

Chairman of any license, ordinance, or resolution required under

this chapter for the operation of gaming.

(5) To the extent that revenue derived from fees imposed under

the schedule established under paragraph (1) are not expended or

committed at the close of any fiscal year, such surplus funds shall

be credited to each gaming activity on a pro rata basis against

such fees imposed for the succeeding year.

(6) For purposes of this section, gross revenues shall constitute

the annual total amount of money wagered, less any amounts paid out

as prizes or paid for prizes awarded and less allowance for

amortization of capital expenditures for structures.

(b)(1) The Commission, in coordination with the Secretary and in

conjunction with the fiscal year of the United States, shall adopt

an annual budget for the expenses and operation of the Commission.

(2) The budget of the Commission may include a request for

appropriations, as authorized by section 2718 of this title, in an

amount equal the amount of funds derived from assessments

authorized by subsection (a) of this section for the fiscal year

preceding the fiscal year for which the appropriation request is

made.

(3) The request for appropriations pursuant to paragraph (2)

shall be subject to the approval of the Secretary and shall be

included as a part of the budget request of the Department of the

Interior.

-SOURCE-

(Pub. L. 100-497, Sec. 18, Oct. 17, 1988, 102 Stat. 2484; Pub. L.

105-83, title I, Sec. 123(a)(1)-(2)(B), Nov. 14, 1997, 111 Stat.

1566.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-83, Sec. 123(a)(1),

substituted "gaming operation that conducts a class II or class III

gaming activity" for "class II gaming activity".

Subsec. (a)(2)(A)(i). Pub. L. 105-83, Sec. 123(a)(2)(A),

substituted "no more than 2.5 percent" for "no less than 0.5

percent nor more than 2.5 percent".

Subsec. (a)(2)(B). Pub. L. 105-83, Sec. 123(a)(2)(B), substituted

"$8,000,000" for "$1,500,000".

APPLICATION TO SELF-REGULATED TRIBES

Pub. L. 105-83, title I, Sec. 123(a)(2)(C), Nov. 14, 1997, 111

Stat. 1566, as amended by Pub. L. 105-277, div. A, Sec. 101(e)

[title III, Sec. 338], Oct. 21, 1998, 112 Stat. 2681-231, 2681-295,

provided that: "[N]othing in subsection (a) of this section

[amending this section] shall apply to the Mississippi Band of

Choctaw."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2706, 2710, 2717a, 2718

of this title.

-End-

-CITE-

25 USC Sec. 2717a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2717a. Availability of class II gaming activity fees to carry

out duties of Commission

-STATUTE-

In fiscal year 1990 and thereafter, fees collected pursuant to

and as limited by section 2717 of this title shall be available to

carry out the duties of the Commission, to remain available until

expended.

-SOURCE-

(Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 718.)

-COD-

CODIFICATION

Section was enacted as part of the Department of the Interior and

Related Agencies Appropriations Act, 1990, and not as part of the

Indian Gaming Regulatory Act which comprises this chapter.

-End-

-CITE-

25 USC Sec. 2718 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2718. Authorization of appropriations

-STATUTE-

(a) Subject to section 2717 of this title, there are authorized

to be appropriated, for fiscal year 1998, and for each fiscal year

thereafter, an amount equal to the amount of funds derived from the

assessments authorized by section 2717(a) of this title.

(b) Notwithstanding section 2717 of this title, there are

authorized to be appropriated to fund the operation of the

Commission, $2,000,000 for fiscal year 1998, and $2,000,000 for

each fiscal year thereafter. The amounts authorized to be

appropriated in the preceding sentence shall be in addition to the

amounts authorized to be appropriated under subsection (a) of this

section.

-SOURCE-

(Pub. L. 100-497, Sec. 19, Oct. 17, 1988, 102 Stat. 2485; Pub. L.

102-238, Sec. 2(b), Dec. 17, 1991, 105 Stat. 1908; Pub. L. 105-83,

title I, Sec. 123(b), Nov. 14, 1997, 111 Stat. 1566; Pub. L.

105-119, title VI, Sec. 627, Nov. 26, 1997, 111 Stat. 2522.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-119 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows:

"Subject to the provisions of section 2717 of this title, there are

hereby authorized to be appropriated for fiscal year 1998, and for

each fiscal year thereafter, an amount equal to the amount of funds

derived from the assessments authorized by section 2717(a) of this

title for the fiscal year immediately preceding the fiscal year

involved, for the operation of the Commission."

Pub. L. 105-83, Sec. 123(b)(1), substituted "for fiscal year

1998, and for each fiscal year thereafter, an amount equal to the

amount of funds derived from the assessments authorized by section

2717(a) of this title for the fiscal year immediately preceding the

fiscal year involved," for "such sums as may be necessary".

Subsec. (b). Pub. L. 105-83, Sec. 123(b)(2), added subsec. (b)

and struck out former subsec. (b) which read as follows:

"Notwithstanding the provisions of section 2717 of this title,

there are hereby authorized to be appropriated not to exceed

$2,000,000 to fund the operation of the Commission for each of the

fiscal years beginning October 1, 1988, and October 1, 1989.

Notwithstanding the provisions of section 2717 of this title, there

are authorized to be appropriated such sums as may be necessary to

fund the operation of the Commission for each of the fiscal years

beginning October 1, 1991, and October 1, 1992."

1991 - Subsec. (b). Pub. L. 102-238 inserted at end

"Notwithstanding the provisions of section 2717 of this title,

there are authorized to be appropriated such sums as may be

necessary to fund the operation of the Commission for each of the

fiscal years beginning October 1, 1991, and October 1, 1992."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2717 of this title.

-End-

-CITE-

25 USC Sec. 2719 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2719. Gaming on lands acquired after October 17, 1988

-STATUTE-

(a) Prohibition on lands acquired in trust by Secretary

Except as provided in subsection (b) of this section, gaming

regulated by this chapter shall not be conducted on lands acquired

by the Secretary in trust for the benefit of an Indian tribe after

October 17, 1988, unless -

(1) such lands are located within or contiguous to the

boundaries of the reservation of the Indian tribe on October 17,

1988; or

(2) the Indian tribe has no reservation on October 17, 1988,

and -

(A) such lands are located in Oklahoma and -

(i) are within the boundaries of the Indian tribe's former

reservation, as defined by the Secretary, or

(ii) are contiguous to other land held in trust or

restricted status by the United States for the Indian tribe

in Oklahoma; or

(B) such lands are located in a State other than Oklahoma and

are within the Indian tribe's last recognized reservation

within the State or States within which such Indian tribe is

presently located.

(b) Exceptions

(1) Subsection (a) of this section will not apply when -

(A) the Secretary, after consultation with the Indian tribe and

appropriate State and local officials, including officials of

other nearby Indian tribes, determines that a gaming

establishment on newly acquired lands would be in the best

interest of the Indian tribe and its members, and would not be

detrimental to the surrounding community, but only if the

Governor of the State in which the gaming activity is to be

conducted concurs in the Secretary's determination; or

(B) lands are taken into trust as part of -

(i) a settlement of a land claim,

(ii) the initial reservation of an Indian tribe acknowledged

by the Secretary under the Federal acknowledgment process, or

(iii) the restoration of lands for an Indian tribe that is

restored to Federal recognition.

(2) Subsection (a) of this section shall not apply to -

(A) any lands involved in the trust petition of the St. Croix

Chippewa Indians of Wisconsin that is the subject of the action

filed in the United States District Court for the District of

Columbia entitled St. Croix Chippewa Indians of Wisconsin v.

United States, Civ. No. 86-2278, or

(B) the interests of the Miccosukee Tribe of Indians of Florida

in approximately 25 contiguous acres of land, more or less, in

Dade County, Florida, located within one mile of the intersection

of State Road Numbered 27 (also known as Krome Avenue) and the

Tamiami Trail.

(3) Upon request of the governing body of the Miccosukee Tribe of

Indians of Florida, the Secretary shall, notwithstanding any other

provision of law, accept the transfer by such Tribe to the

Secretary of the interests of such Tribe in the lands described in

paragraph (2)(B) and the Secretary shall declare that such

interests are held in trust by the Secretary for the benefit of

such Tribe and that such interests are part of the reservation of

such Tribe under sections 465 and 467 of this title, subject to any

encumbrances and rights that are held at the time of such transfer

by any person or entity other than such Tribe. The Secretary shall

publish in the Federal Register the legal description of any lands

that are declared held in trust by the Secretary under this

paragraph.

(c) Authority of Secretary not affected

Nothing in this section shall affect or diminish the authority

and responsibility of the Secretary to take land into trust.

(d) Application of title 26

(1) The provisions of title 26 (including sections 1441, 3402(q),

6041, and 6050I, and chapter 35 of such title) concerning the

reporting and withholding of taxes with respect to the winnings

from gaming or wagering operations shall apply to Indian gaming

operations conducted pursuant to this chapter, or under a

Tribal-State compact entered into under section 2710(d)(3) of this

title that is in effect, in the same manner as such provisions

apply to State gaming and wagering operations.

(2) The provisions of this subsection shall apply notwithstanding

any other provision of law enacted before, on, or after October 17,

1988, unless such other provision of law specifically cites this

subsection.

-SOURCE-

(Pub. L. 100-497, Sec. 20, Oct. 17, 1988, 102 Stat. 2485.)

-End-

-CITE-

25 USC Sec. 2720 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2720. Dissemination of information

-STATUTE-

Consistent with the requirements of this chapter, sections 1301,

1302, 1303 and 1304 of title 18 shall not apply to any gaming

conducted by an Indian tribe pursuant to this chapter.

-SOURCE-

(Pub. L. 100-497, Sec. 21, Oct. 17, 1988, 102 Stat. 2486.)

-End-

-CITE-

25 USC Sec. 2721 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 29 - INDIAN GAMING REGULATION

-HEAD-

Sec. 2721. Severability

-STATUTE-

In the event that any section or provision of this chapter, or

amendment made by this chapter, is held invalid, it is the intent

of Congress that the remaining sections or provisions of this

chapter, and amendments made by this chapter, shall continue in

full force and effect.

-SOURCE-

(Pub. L. 100-497, Sec. 22, Oct. 17, 1988, 102 Stat. 2486.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, known

as the Indian Gaming Regulatory Act, which is classified generally

to this chapter. For complete classification of this Act to the

Code, see Short Title note set out under section 2701 of this title

and Tables.

-End-