§ 2704 TITLE 25—INDIANS Page 628

State of South Dakota, or the State of Washington, that were actually operated in such

State by an Indian tribe on or before May 1,

1988, but only to the extent of the nature and

scope of the card games that were actually operated by an Indian tribe in such State on or

before such date, as determined by the Chairman.

(D) Notwithstanding any other provision of

this paragraph, the term ‘‘class II gaming’’ includes, during the 1-year period beginning on

October 17, 1988, any gaming described in subparagraph (B)(ii) that was legally operated on

Indian lands on or before May 1, 1988, if the Indian tribe having jurisdiction over the lands

on which such gaming was operated requests

the State, by no later than the date that is 30

days after October 17, 1988, to negotiate a Tribal-State compact under section 2710(d)(3) of

this title.

(E) Notwithstanding any other provision of

this paragraph, the term ‘‘class II gaming’’ includes, during the 1-year period beginning on

December 17, 1991, any gaming described in

subparagraph (B)(ii) that was legally operated

on Indian lands in the State of Wisconsin on or

before May 1, 1988, if the Indian tribe having

jurisdiction over the lands on which such gaming was operated requested the State, by no

later than November 16, 1988, to negotiate a

Tribal-State compact under section 2710(d)(3)

of this title.

(F) If, during the 1-year period described in

subparagraph (E), there is a final judicial determination that the gaming described in subparagraph (E) is not legal as a matter of State

law, then such gaming on such Indian land

shall cease to operate on the date next following the date of such judicial decision.

(8) The term ‘‘class III gaming’’ means all

forms of gaming that are not class I gaming or

class II gaming.

(9) The term ‘‘net revenues’’ means gross

revenues of an Indian gaming activity less

amounts paid out as, or paid for, prizes and

total operating expenses, excluding management fees.

(10) The term ‘‘Secretary’’ means the Secretary of the Interior.

(Pub. L. 100–497, §4, Oct. 17, 1988, 102 Stat. 2467;

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

Pub. L. 102–497, §16, Oct. 24, 1992, 106 Stat. 3261.)

AMENDMENTS

1992—Par. (7)(E). Pub. L. 102–497 struck out ‘‘or Montana’’ after ‘‘Wisconsin’’.

1991—Par. (7)(E), (F). Pub. L. 102–238 added subpars.

(E) and (F).

CLASS II GAMING WITH RESPECT TO INDIAN TRIBES IN

WISCONSIN OR MONTANA ENGAGED IN NEGOTIATING

TRIBAL-STATE COMPACTS

Pub. L. 101–301, §6, May 24, 1990, 104 Stat. 209, provided

that: ‘‘Notwithstanding any other provision of law, the

term ‘class II gaming’ includes, for purposes of applying Public Law 100–497 [25 U.S.C. 2701 et seq.] with respect to any Indian tribe located in the State of Wisconsin or the State of Montana, during the 1-year period beginning on the date of enactment of this Act

[May 24, 1990], any gaming described in section

4(7)(B)(ii) of Public Law 100–497 [25 U.S.C. 2703(7)(B)(ii)]

that was legally operated on Indian lands on or before

May 1, 1988, if the Indian tribe having jurisdiction over

the lands on which such gaming was operated made a

request, by no later than November 16, 1988, to the

State in which such gaming is operated to negotiate a

Tribal-State compact under section 11(d)(3) of Public

Law 100–497 [25 U.S.C. 2710(d)(3)].’’

TRIBAL-STATE COMPACT COVERING INDIAN TRIBES IN

MINNESOTA; OPERATION OF CLASS II GAMES; ALLOWANCE OF ADDITIONAL YEAR FOR NEGOTIATIONS

Pub. L. 101–121, title I, §118, Oct. 23, 1989, 103 Stat. 722,

provided that: ‘‘Notwithstanding any other provision of

law, the term ‘Class II gaming’ in Public Law 100–497

[25 U.S.C. 2701 et seq.], for any Indian tribe located in

the State of Minnesota, includes, during the period

commencing on the date of enactment of this Act [Oct.

23, 1989] and continuing for 365 days from that date, any

gaming described in section 4(7)(B)(ii) of Public Law

100–497 [25 U.S.C. 2703(7)(B)(ii)] that was legally operated on Indian lands on or before May 1, 1988, if the Indian tribe having jurisdication [sic] over the lands on

which such gaming was operated, requested the State

of Minnesota, no later than 30 days after the date of enactment of Public Law 100–497 [Oct. 17, 1988], to negotiate a tribal-state compact pursuant to section 11(d)(3)

of Public Law 100–497 [25 U.S.C. 2710(d)(3)].’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1775b of this

title; title 10 section 2323a; title 26 sections 45A, 168,

3402; title 28 sections 3701, 3704; title 31 section 5312.

§ 2704. National Indian Gaming Commission

(a) Establishment

There is established within the Department of

the Interior a Commission to be known as the

National Indian Gaming Commission.

(b) Composition; investigation; term of office; removal

(1) The Commission shall be composed of three

full-time members who shall be appointed as follows:

(A) a Chairman, who shall be appointed by

the President with the advice and consent of

the Senate; and

(B) two associate members who shall be appointed by the Secretary of the Interior.

(2)(A) The Attorney General shall conduct a

background investigation on any person considered for appointment to the Commission.

(B) The Secretary shall publish in the Federal

Register the name and other information the

Secretary deems pertinent regarding a nominee

for membership on the Commission and shall

allow a period of not less than thirty days for receipt of public comment.

(3) Not more than two members of the Commission shall be of the same political party. At

least two members of the Commission shall be

enrolled members of any Indian tribe.

(4)(A) Except as provided in subparagraph (B),

the term of office of the members of the Commission shall be three years.

(B) Of the initial members of the Commission—

(i) two members, including the Chairman,

shall have a term of office of three years; and

(ii) one member shall have a term of office of

one year.

(5) No individual shall be eligible for any appointment to, or to continue service on, the

Commission, who—
Page 629 TITLE 25—INDIANS § 2706

(A) has been convicted of a felony or gaming

offense;

(B) has any financial interest in, or management responsibility for, any gaming activity;

or

(C) has a financial interest in, or management responsibility for, any management contract approved pursuant to section 2711 of this

title.

(6) A Commissioner may only be removed from

office before the expiration of the term of office

of the member by the President (or, in the case

of associate member, by the Secretary) for neglect of duty, or malfeasance in office, or for

other good cause shown.

(c) Vacancies

Vacancies occurring on the Commission shall

be filled in the same manner as the original appointment. A member may serve after the expiration of his term of office until his successor

has been appointed, unless the member has been

removed for cause under subsection (b)(6) of this

section.

(d) Quorum

Two members of the Commission, at least one

of which is the Chairman or Vice Chairman,

shall constitute a quorum.

(e) Vice Chairman

The Commission shall select, by majority

vote, one of the members of the Commission to

serve as Vice Chairman. The Vice Chairman

shall serve as Chairman during meetings of the

Commission in the absence of the Chairman.

(f) Meetings

The Commission shall meet at the call of the

Chairman or a majority of its members, but

shall meet at least once every 4 months.

(g) Compensation

(1) The Chairman of the Commission shall be

paid at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5.

(2) The associate members of the Commission

shall each be paid at a rate equal to that of level

V of the Executive Schedule under section 5316

of title 5.

(3) All members of the Commission shall be reimbursed in accordance with title 5 for travel,

subsistence, and other necessary expenses incurred by them in the performance of their duties.

(Pub. L. 100–497, §5, Oct. 17, 1988, 102 Stat. 2469.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2703 of this title.

§ 2705. Powers of Chairman

(a) The Chairman, on behalf of the Commission, shall have power, subject to an appeal to

the Commission, to—

(1) issue orders of temporary closure of gaming activities as provided in section 2713(b) of

this title;

(2) levy and collect civil fines as provided in

section 2713(a) of this title;

(3) approve tribal ordinances or resolutions

regulating class II gaming and class III gaming as provided in section 2710 of this title; and

(4) approve management contracts for class

II gaming and class III gaming as provided in

sections 2710(d)(9) and 2711 of this title.

(b) The Chairman shall have such other powers

as may be delegated by the Commission.

(Pub. L. 100–497, §6, Oct. 17, 1988, 102 Stat. 2470.)

§ 2706. Powers of Commission

(a) Budget approval; civil fines; fees; subpoenas;

permanent orders

The Commission shall have the power, not

subject to delegation—

(1) upon the recommendation of the Chairman, to approve the annual budget of the

Commission as provided in section 2717 of this

title;

(2) to adopt regulations for the assessment

and collection of civil fines as provided in section 2713(a) of this title;

(3) by an affirmative vote of not less than 2

members, to establish the rate of fees as provided in section 2717 of this title;

(4) by an affirmative vote of not less than 2

members, to authorize the Chairman to issue

subpoenas as provided in section 2715 of this

title; and

(5) by an affirmative vote of not less than 2

members and after a full hearing, to make permanent a temporary order of the Chairman

closing a gaming activity as provided in section 2713(b)(2) of this title.

(b) Monitoring; inspection of premises; investigations; access to records; mail; contracts; hearings; oaths; regulations

The Commission—

(1) shall monitor class II gaming conducted

on Indian lands on a continuing basis;

(2) shall inspect and examine all premises located on Indian lands on which class II gaming

is conducted;

(3) shall conduct or cause to be conducted

such background investigations as may be

necessary;

(4) may demand access to and inspect, examine, photocopy, and audit all papers, books,

and records respecting gross revenues of class

II gaming conducted on Indian lands and any

other matters necessary to carry out the duties of the Commission under this chapter;

(5) may use the United States mail in the

same manner and under the same conditions

as any department or agency of the United

States;

(6) may procure supplies, services, and property by contract in accordance with applicable

Federal laws and regulations;

(7) may enter into contracts with Federal,

State, tribal and private entities for activities

necessary to the discharge of the duties of the

Commission and, to the extent feasible, contract the enforcement of the Commission’s

regulations with the Indian tribes;

(8) may hold such hearings, sit and act at

such times and places, take such testimony,

and receive such evidence as the Commission

deems appropriate;

(9) may administer oaths or affirmations to

witnesses appearing before the Commission;

and