Page 637 TITLE 25—INDIANS § 2717

shall be final agency decisions for purposes of

appeal to the appropriate Federal district court

pursuant to chapter 7 of title 5.

(Pub. L. 100–497, §15, Oct. 17, 1988, 102 Stat. 2483.)

§ 2715. Subpoena and deposition authority

(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.

(Pub. L. 100–497, §16, Oct. 17, 1988, 102 Stat. 2483.)

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 2716. Investigative powers

(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.

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

§ 2717. Commission funding

(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