Page 627 TITLE 25—INDIANS § 2703

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.

(Pub. L. 100–497, §2, Oct. 17, 1988, 102 Stat. 2467.)

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’.’’

§ 2702. Declaration of policy

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, selfsufficiency, 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.

(Pub. L. 100–497, §3, Oct. 17, 1988, 102 Stat. 2467.)

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.

§ 2703. Definitions

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