§ 2717a TITLE 25—INDIANS Page 638

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.

(Pub. L. 100–497, §18, Oct. 17, 1988, 102 Stat. 2484;

Pub. L. 105–83, title I, §123(a)(1)–(2)(B), Nov. 14,

1997, 111 Stat. 1566.)

AMENDMENTS

1997—Subsec. (a)(1). Pub. L. 105–83, §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, §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, §123(a)(2)(B), substituted ‘‘$8,000,000’’ for ‘‘$1,500,000’’.

APPLICATION TO SELF-REGULATED TRIBES

Section 123(a)(2)(C) of Pub. L. 105–83 provided that:

‘‘[N]othing in subsection (a) of this section [amending

this section] shall apply to self-regulated tribes such as

the Mississippi Band of Choctaw.’’

SECTION REFERRED TO IN OTHER SECTIONS

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

2718 of this title.

§ 2717a. Availability of class II gaming activity

fees to carry out duties of Commission

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.

(Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat.

718.)

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.

§ 2718. Authorization of appropriations

(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.

(Pub. L. 100–497, §19, Oct. 17, 1988, 102 Stat. 2485;

Pub. L. 102–238, §2(b), Dec. 17, 1991, 105 Stat. 1908;

Pub. L. 105–83, title I, §123(b), Nov. 14, 1997, 111

Stat. 1566; Pub. L. 105–119, title VI, §627, Nov. 26,

1997, 111 Stat. 2522.)

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, §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, §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.’’

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 2719. Gaming on lands acquired after October

17, 1988

(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