§ 2707 TITLE 25—INDIANS Page 630

1So in original. Probably should be ‘‘this’’.

(10) shall promulgate such regulations and

guidelines as it deems appropriate to implement the provisions of this chapter.

(c) Report

The Commission shall submit a report with

minority views, if any, to the Congress on December 31, 1989, and every two years thereafter.

The report shall include information on—

(1) whether the associate commissioners

should continue as full or part-time officials;

(2) funding, including income and expenses,

of the Commission;

(3) recommendations for amendments to

the 1 chapter; and

(4) any other matter considered appropriate

by the Commission.

(Pub. L. 100–497, §7, Oct. 17, 1988, 102 Stat. 2470.)

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 2707. Commission staffing

(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.

(Pub. L. 100–497, §8, Oct. 17, 1988, 102 Stat. 2471.)

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.

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, §101(c)(1)]

of Pub. L. 101–509, set out in a note under section 5376

of Title 5.

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.

§ 2708. Commission; access to information

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.

(Pub. L. 100–497, §9, Oct. 17, 1988, 102 Stat. 2472.)

§ 2709. Interim authority to regulate gaming

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.

(Pub. L. 100–497, §10, Oct. 17, 1988, 102 Stat. 2472.)

§ 2710. Tribal gaming ordinances

(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