Page 639 TITLE 25—INDIANS § 2721

(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.

(Pub. L. 100–497, §20, Oct. 17, 1988, 102 Stat. 2485.)

§ 2720. Dissemination of information

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.

(Pub. L. 100–497, §21, Oct. 17, 1988, 102 Stat. 2486.)

§ 2721. Severability

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.

(Pub. L. 100–497, §22, Oct. 17, 1988, 102 Stat. 2486.)

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.

CHAPTER 30—INDIAN LAW ENFORCEMENT

REFORM

Sec.

2801. Definitions.

2802. Indian law enforcement responsibilities.

(a) Responsibility of Secretary.

(b) Division of Law Enforcement Services; establishment and responsibilities.

(c) Additional responsibilities of Division.

(d) Branch of Criminal Investigations; establishment, responsibilities, regulations, personnel, etc.

(e) Division of Law Enforcement Services

personnel; standards of education,

experience, etc.; classification of

positions.

2803. Law enforcement authority.

2804. Assistance by other agencies.

(a) Agreement for use of personnel or facilities of Federal, tribal, State, or

other government agency.

(b) Agreement to be in accord with agreements between Secretary and Attorney General.

(c) Limitations on use of personnel of

non-Federal agency.

(d) Authority of Federal agency head to

enter into agreement with Secretary.

(e) Authority of Federal agency head to

enter into agreement with Indian

tribe.