I

104TH CONGRESS

1ST SESSION H. R. 1578

To amend the Indian Gaming Regulatory Act to provide adequate and certain

remedies for sovereign tribal governments.

IN THE HOUSE OF REPRESENTATIVES

MAY 9, 1995

Mr. TORRES introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on the Judiciary and

Ways and Means, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend the Indian Gaming Regulatory Act to provide

adequate and certain remedies for sovereign tribal governments.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; REFERENCE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Indian Gaming Regulatory Act Amendments of 1995’’.

6 (b) REFERENCE.—Whenever in this Act a section or

7 other provision is amended or repealed, such amendment

8 or repeal shall be considered to be made to that section
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1 or other provision of the Indian Gaming Regulatory Act

2 (25 U.S.C. 2701 et seq.).

3 SEC. 2. FINDINGS.

4 Section 2 of the Act (25 U.S.C. 2701) is amended—

5 (1) by striking out ‘‘and’’ at the end of para6 graph (4);

7 (2) by striking the period at the end of para8 graph (5) and inserting in lieu thereof a semicolon;

9 and

10 (3) by adding at the end the following:

11 ‘‘(6) tribal systems for the regulation of gaming

12 activities should be structured to maintain and pre13 serve the integrity and fairness of tribal gaming op14 erations;

15 ‘‘(7) the operation of gaming activities on In16 dian lands has had a significant impact on com17 merce with foreign nations, among the several

18 States, and with Indian tribes; and

19 ‘‘(8) the United States Constitution vests the

20 Congress with the powers to regulate commerce with

21 foreign nations, and among the several States, and

22 with the Indian tribes, and this Act is enacted in the

23 exercise of those powers, and shall extend to and en24 compass all federally recognized Indian tribes.’’.
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1 SEC. 3. DECLARATION OF POLICY.

2 Section 3 of the Act (25 U.S.C. 2702) is amended—

3 (1) by striking out ‘‘and’’ at the end of para4 graph (2);

5 (2) by striking the period at the end of para6 graph (3) and inserting in lieu thereof ‘‘; and’’; and

7 (3) by adding at the end the following:

8 ‘‘(4) to ensure the right of Indian tribes to con9 duct gaming activities on Indian lands in a manner

10 consistent with the decision of the Supreme Court in

11 California et al. v. Cabazon Band of Mission Indians

12 et al. (480 U.S.C. 202, 107 S.Ct. 1083(1987)), in13 volving the Cabazon and Morango Bands of Mission

14 Indians.’’.

15 SEC. 4. DEFINITIONS.

16 (a) CLASS I GAMING.—Section 4(6) of the Act (25

17 U.S.C. 2703(6)) is amended by inserting ‘‘played’’ after

18 ‘‘social games’’.

19 (b) CLASS II GAMING.—(1) Section 4(7)(A) of the

20 Act (25 U.S.C. 2703(7)(A)) is amended—

21 (A) in clause (i), by amending the matter fol22 lowing subclause (III) to read as follows:

23 ‘‘including pull tabs, lotto, punch boards, tip jars,

24 instant, and games similar to bingo (whether or not

25 electronic, computer, or other technologic aids are

26 used in connection therewith so long as the fun-
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1 damental characteristics of the game remain the

2 same), and’’; and

3 (B) by amending clause (ii) to read as follows:

4 ‘‘(ii) card games where the gaming oper5 ation does not have a stake in the outcome of

6 the game, and for the purposes of this clause,

7 a stake in the outcome of the game shall not in8 clude (I) receiving a fixed percentage of the wa9 gers made; (II) receiving a fixed fee per game

10 played; or (III) a rental fee for the player to

11 participate in the game.’’.

12 (2) Section 4(7)(C) of the Act (25 U.S.C.

13 2703(7)(C)) is amended by striking out ‘‘as determined

14 by the Chairman’’.

15 (3)(A) Section 4(7) of the Act (25 U.S.C. 2703(7))

16 is amended by striking out subparagraphs (D), (E), and

17 (F).

18 (B) Public Law 101–301 (25 U.S.C. 2703 note) is

19 amended by striking out section 6.

20 (c) COMPACT AND MANAGEMENT CONTRACT.—Sec21 tion 4(7) of the Act (25 U.S.C. 2703) is amended—

22 (1) by redesignating paragraphs (9) and (10)

23 as paragraphs (11) and (12), respectively; and

24 (2) by inserting after paragraph (8) the follow25 ing new paragraphs:
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1 ‘‘(9) The term ‘compact’ means an agreement

2 relating to the operation of class III games on In3 dian lands entered into by an Indian tribe and a

4 State, which is approved by the Secretary, or the

5 procedures in lieu of such an agreement, published

6 by the Secretary.

7 ‘‘(10) The term ‘management contract’ means

8 any contract, other than employment contract, that

9 empowers any entity, which is not totally owned and

10 controlled by the tribe, with decision-making author11 ity over any gaming-related aspect of the gaming op12 eration. Decision-making authority means the exer13 cise of authority or supervision or the power to make

14 or cause to be made any discretionary decision with

15 regard to matters which have a substantial effect on

16 the management aspects of a gaming operation.’’.

17 SEC. 5. NATIONAL INDIAN GAMING COMMISSION.

18 (a) MEMBERS.—Paragraph (5) of section 5(b) (25

19 U.S.C. 2704(b)) is amended—

20 (1) in subparagraph (B)—

21 (A) by inserting ‘‘(other than any interest

22 that is derived from the individual’s status as

23 an enrolled member of an Indian tribe)’’ after

24 ‘‘financial interest’’; and
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1 (B) by striking out ‘‘or’’ at the end there2 of;

3 (2) by striking out the period at the end of sub4 paragraph (C) and inserting in lieu thereof ‘‘; or’’;

5 and

6 (3) by adding at the end thereof the following:

7 ‘‘(D) is unable to devote his entire time and at8 tention to the business of the Commission.’’.

9 (b) COMPENSATION.—Subsection (g) of section 5 (25

10 U.S.C. 2704) is amended—

11 (1) by striking out paragraph (1) and redesig12 nating paragraphs (2) and (3) as paragraphs (1)

13 and (2), respectively; and

14 (2) in paragraph (1), as redesignated by para15 graph (1) of this subsection—

16 (A) by striking out ‘‘The associate mem17 bers’’ and inserting in lieu thereof ‘‘Members’’;

18 and

19 (B) by striking out ‘‘level V of the Execu20 tive Schedule under section 5316’’ and inserting

21 in lieu thereof ‘‘level IV of the Executive Sched22 ule under section 5315’’.

23 (c) SUPPORT SERVICES.—Section 5 of the Act (25

24 U.S.C. 2704) is amended by adding at the end thereof

25 the following:
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1 ‘‘(h) The Administrator of General Services shall pro2 vide to the Commission on a reimbursable basis such ad3 ministrative support services as the Commission may re4 quest.’’.

5 SEC. 6. POWERS OF THE CHAIRMAN.

6 Section 6 of the Act (25 U.S.C. 2705) is amended

7 to read as follows:

8 ‘‘SEC. 6. POWERS OF THE CHAIRMAN.

9 ‘‘(a) The Chairman shall serve as the chief executive

10 officer of the Commission.

11 ‘‘(b) Subject to the provisions of subsection (c), the

12 Chairman:

13 ‘‘(1) Shall, employ, appoint, and supervise,

14 without regard to the provisions of title 5, United

15 States Code, governing appointments in the competi16 tive service, such personnel as are deemed necessary

17 to carry out the functions of the Commission and as18 sign work among such personnel. Such staff shall be

19 paid without regard to the provisions of chapter 51

20 and subchapters III and VIII of chapter 53 of such

21 title relating to classification and General and Senior

22 Executive Service Schedule pay rates, except that no

23 individual so appointed may receive pay in excess of

24 the annual rate of basic pay payable for ES–5 of the
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1 Senior Executive Service Schedule under section

2 5382 of that title.

3 ‘‘(2) May procure temporary and intermittent

4 services under section 3109(b) of title 5, United

5 States Code, but at rates for individuals not to ex6 ceed the daily equivalent of the maximum annual

7 rate of basic pay payable for ES–6 of the Senior Ex8 ecutive Service Schedule (established under section

9 5382 of such title).

10 ‘‘(3) May request the head of any Federal agen11 cy to detail any of the personnel of such agency to

12 the Commission to assist the Commission in carry13 ing out its duties under this Act, unless otherwise

14 prohibited by law.

15 ‘‘(4) May use and expend Federal funds and

16 funds collected pursuant to section 17 of this Act.

17 ‘‘(5) May contract for the services of other pro18 fessional, technical, and operational personnel and

19 consultants as may be necessary to the performance

20 of the Commission’s responsibilities under this Act.

21 ‘‘(c) In carrying out any of the functions pursuant

22 to this section, the Chairman shall be governed by the gen23 eral policies of the Commission and by such regulatory de24 cisions, findings, and determinations as the Commission

25 may by law be authorized to make.’’.
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1 SEC. 7. POWERS OF THE COMMISSION.

2 (a) BUDGET.—Paragraph (1) of section 7(a) (25

3 U.S.C. 2706(a)) is amended by striking out ‘‘upon the rec4 ommendation of the chairman,’’.

5 (b) FORMER POWERS OF CHAIRMAN.—Subsection

6 (a) of section 7 (25 U.S.C. 2706) is amended—

7 (1) by striking out ‘‘and’’ at the end of para8 graph (4);

9 (2) by striking out the period at the end of

10 paragraph (5) and inserting in lieu thereof a semi11 colon; and

12 (3) by adding at the end thereof the following

13 new paragraphs:

14 ‘‘(5) by a unanimous vote of not less than 3

15 members, after a mandatory effort to mediate any

16 controversy, issue orders of temporary closure as

17 provided in section 14(b);

18 ‘‘(6) by an affirmative vote of not less than 2

19 members, and after a full hearing, levy and collect

20 civil fines as provided in section 14(a), which fines

21 shall only run from date of notice of violation or

22 later;

23 ‘‘(7) by an affirmative vote of not less than 2

24 members, approve tribal ordinances or resolutions

25 regulating class II gaming and class III gaming as

26 provided in section 11; and
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1 ‘‘(8) by an affirmative vote of not less than 2

2 members, approve management contracts for class II

3 gaming and class III gaming as provided in sections

4 11(d)(9) and 12.

5 (c) POWERS.—Subsection (c) of section 7 (25 U.S.C.

6 2706) is amended—

7 (1) in paragraphs (1) and (2), by inserting

8 ‘‘and class III gaming, where a compact so pro9 vides,’’ after ‘‘class II gaming’’ both places it ap10 pears;

11 (2) by striking out ‘‘and’’ at the end of para12 graph (9);

13 (3) by redesignating paragraph (10) as para14 graph (13); and

15 (4) by inserting after paragraph (9) the follow16 ing:

17 ‘‘(10) may invoke, in the case of contumacy by

18 or refusal to obey any subpoena issued to any per19 son, the jurisdiction of any court of the United

20 States within the jurisdiction of which an investiga21 tion or proceeding is carried on, or where such per22 son resides or carries on business, in requiring the

23 attendance and testimony of witnesses and the pro24 duction of books, papers, correspondence, memo25 randa, and other records;
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1 ‘‘(11) may in its discretion, whenever it shall

2 appear to the Commission that any person is en3 gaged or about to engage in acts or practices con4 stituting a violation of any provision of this Act or

5 rules or regulations thereunder, bring an action in

6 the proper district court of the United States to en7 join such acts or practices, or transmit such evidence

8 as may be available concerning such acts or prac9 tices as may constitute a violation of any criminal

10 law of the United States to the Attorney General,

11 who may institute the necessary criminal proceed12 ings;

13 ‘‘(12) may provide training and technical assist14 ance to Indian tribal governments in all aspects of

15 the conduct and regulation of gaming activities;

16 and’’.

17 (d) REPORT.—Section 7 of the Act (25 U.S.C. 2406)

18 is amended by striking out subsection (c).

19 SEC. 8. INTERIM AUTHORITY TO REGULATE GAMING.

20 Section 10 of the Act (35 U.S.C. 2709) is repealed.

21 SEC. 9. TRIBAL GAMING ORDINANCES.

22 (a) CLASS II GAMING.—(1) Subsection (b) of section

23 11 (25 U.S.C. 2710) is amended—

24 (A) by striking out ‘‘Chairman’’ each place it

25 appears and inserting in lieu thereof ‘‘Commission’’;
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1 (B) in paragraph (2)(F), by striking out ‘‘and’’

2 at the end of clause (i), by redesignating clause (ii)

3 as clause (iii) and inserting after clause (i) the fol4 lowing:

5 ‘‘(ii) ensures the integrity and fairness of the

6 games and which is appropriate for the size and

7 complexity of the gaming operations authorized by

8 the ordinance.’’;

9 (C) in paragraph (3)(D), by inserting ‘‘shall

10 make appropriate withholdings and’’ after ‘‘tribes’’;

11 (D) in paragraph (4)(A), by striking out ‘‘No

12 person or entity’’ and all that follows through

13 ‘‘State.’’;

14 (E) in paragraph 4(B)—

15 (i) in clause (ii), by striking out ‘‘entity’’

16 and all that follows through ‘‘Act’’ and insert17 ing in lieu thereof ‘‘entity; except, however, the

18 exemption may transfer to those heirs of the in19 dividual licensee who are otherwise enrolled as

20 members of the tribe which granted such li21 cense’’; and

22 (ii) by striking out clause (iii); and

23 (2) Subsection (c) of section 11 (25 U.S.C. 2710) is

24 amended by striking out paragraphs (3), (4), (5), and (6).
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1 (b) CLASS III GAMING.—(1) Subsection (d) of section

2 11 (25 U.S.C. 2710) is amended by striking out ‘‘Chair3 man’’ each place it appears and inserting in lieu thereof

4 ‘‘Commission’’.

5 (2) Paragraph (1) of such subsection is amended by

6 amending subparagraphs (B) and (C) to read as follows:

7 ‘‘(B) located in a State where the requirements

8 of clauses (i) through (iii) of paragraph (3)(C) are

9 satisfied and the gaming activity is eligible for inclu10 sion in a compact, and

11 ‘‘(C) conducted in conformance with a compact

12 that is in effect.’’.

13 (3) Subparagraph (C) of section 11(d)(2) (25 U.S.C.

14 22710(d)(2)) is amended by striking out ‘‘Tribal-State

15 compact entered into under paragraph (3) by the Indian

16 tribe’’ and inserting in lieu thereof ‘‘compact’’.

17 (4) Clause (iii) of section 11(d)(2)(D) (25 U.S.C.

18 (d)(2)(D)) is amended by striking out ‘‘Tribal-State com19 pact entered into under paragraph (3)’’ and inserting in

20 lieu thereof ‘‘compact’’.

21 (5) Paragraph (3) of section 11(d) (25 U.S.C.

22 2710(d)) is amended—

23 (A) by redesignating subparagraph (C) as sub24 paragraph (H) and in that subparagraph—
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1 (i) by striking out ‘‘Tribal-State compact

2 and inserting in lieu thereof ‘‘compact entered

3 into’’;

4 (ii) in clause (i)—

5 (I) by striking out ‘‘the application

6 of’’ and inserting in lieu thereof ‘‘the adop7 tion of’’; and

8 (II) by inserting ‘‘, with tribal con9 sent, of’’ after ‘‘tribe or’’;

10 (iii) by striking out clauses (ii) and (iv)

11 and redesignating clauses (iii) through (vii) as

12 clauses (ii) through (v), respectively;

13 (iv) in clause (ii) (as redesignated by

14 clause (iii) of this subparagraph), by inserting

15 ‘‘or Secretary’’ after ‘‘State’’; and

16 (v) in clause (v) (as redesignated by clause

17 (iii) of this subparagraph), by striking out ‘‘di18 rectly’’ and inserting in lieu thereof ‘‘reason19 ably’’; and

20 (B) by striking out subparagraphs (A) and (B)

21 and inserting in lieu thereof the following:

22 ‘‘(A)(i) Any Indian tribe having jurisdiction over the

23 lands upon which a class III gaming activity is to be con24 ducted may request the State in which such lands are lo25 cated to enter into negotiations for the purpose of entering
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1 into a compact governing the conduct of class III gaming

2 activities;

3 ‘‘(ii) Such request shall be in writing and shall specify

4 the gaming activity or activities the Indian tribe proposes

5 for inclusion in the compact and within 30 days after such

6 request, the State shall respond to the Indian tribe.

7 ‘‘(iii) Compact negotiations shall commence within 30

8 days after the State’s response to the Indian tribe, and

9 shall be completed within 120 days of the initiation of

10 compact negotiations, unless the State and the Indian

11 tribe agree to a different period of time for the completion

12 of compact negotiations.

13 ‘‘(iv) Should the State or the Indian tribe find that

14 they are unable to complete compact negotiations because

15 they cannot reach agreement on the terms of a compact

16 or should a State fail to respond to the tribe’s written re17 quest for a compact or should a State fail to participate

18 in negotiations, the State or the Indian tribe may notify

19 the Secretary.

20 ‘‘(B) The Secretary, in consultation with the Indian

21 tribes and, if possible, the States, shall develop a panel

22 of independent mediators, which shall be periodically up23 dated.

24 ‘‘(C) If after the 120 days authorized for the comple25 tion of compact negotiations, the State and the Indian
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1 tribe have not agreed to recommend a compact to the Sec2 retary, the State and the Indian tribe shall enter into me3 diation, pursuant to the following procedures:

4 ‘‘(i) The Secretary shall provide the State and

5 Indian tribe with a list of names of three mediators

6 randomly selected from the panel of independent me7 diators. The State and the Indian tribe each may re8 move a different mediator from the list of three me9 diators, and if both the State and Tribe remove the

10 same mediator, the Secretary shall choose from the

11 remaining mediators to conduct the mediation.

12 ‘‘(ii) The mediator shall attempt to achieve a

13 compact within a 60-day period, which period may

14 be extended by mutual agreement of the State and

15 the Indian tribe.

16 ‘‘(iii) If mediation fails, the State and Indian

17 tribe may submit their last best offer to the medi18 ator, who shall evaluate the offers under the terms

19 of this Act and recommend a compact to the Sec20 retary, except that by mutual agreement the parties

21 may substitute either compulsory arbitration, or a

22 decision by the Secretary instead of a mediator’s

23 recommendation. If the State fails to submit a last

24 best offer, the mediator shall recommend the Indian

25 tribe’s last best offer to the Secretary.
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1 ‘‘(iv) The recommended compact shall also in2 clude such provisions which in the opinion of the me3 diator or arbitrator best meet the objectives of this

4 Act, provides for adequate standards to ensure the

5 integrity and fairness of the games, and are consist6 ent with any declaratory judgment issued pursuant

7 to paragraph (7) of this subsection.

8 ‘‘(D) If the parties or the mediator or arbitrator pur9 suant to this paragraph recommend a compact to the Sec10 retary, the Secretary shall approve such compact and shall

11 publish it in the Federal Register.

12 ‘‘(E) The compact also shall not be approved by the

13 Secretary if it violates—

14 ‘‘(i) any provision of this Act or the regulations

15 promulgated by the Commission;

16 ‘‘(ii) any other provision of Federal law that

17 does not relate to jurisdiction over gaming on Indian

18 reservations; or

19 ‘‘(iii) the trust obligations of the United States

20 to Indians.

21 ‘‘(F) Except for an appeal under subchapter II of

22 chapter 5 of title 5, United States Code, by an Indian tribe

23 or a State associated with the publication of the compact,

24 the publication of a compact pursuant to paragraph

25 (3)(D) which permits a form of class III gaming shall,
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1 for the purposes of this Act, be conclusive evidence that

2 such class III gaming is an activity subject to negotiations

3 under the laws of the State where the gaming is to be

4 conducted, in any matter under consideration by the Com5 mission or a Federal court.

6 ‘‘(G) Any compact negotiated under this subsection

7 shall be effective upon its publication in the Federal Reg8 ister by the Secretary or shall be effective after the pas9 sage of 60 days from the date of the mediator’s rec10 ommendations to the Secretary, or from the date that a

11 compact agreed to by both tribe and State is submitted

12 to the Secretary, unless the Secretary, within 60 days, re13 jects the compact under subparagraph (E).’’.

14 (6) Paragraph (5) of section 11(d) (25 U.S.C.

15 2710(d)) is amended by striking out ‘‘Tribal-State com16 pact entered into by the Indian tribe under paragraph (3)’’

17 and inserting in lieu thereof ‘‘compact’’.

18 (7) Paragraph (6) of section 11(d) (25 U.S.C.

19 2710(d)) is amended to read as follows:

20 ‘‘(6)(A) Nothing in this subsection shall compel a

21 State to assume any responsibility regarding tribal gaming

22 activities. A State’s consent shall be required for any State

23 responsibility for tribal gaming activities. If a State does

24 not consent to a responsibility set forth in a compact, such

25 compact shall continue to be in effect, except the subject
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1 responsibilities shall be assumed by the Commission, or

2 in the discretion of the Commission, may be delegated to

3 a tribal regulatory body.

4 ‘‘(B) The provisions of section 5 of the Act of Janu5 ary 2, 1951 (64 Stat. 1135; 15 U.S.C. 1175) shall not

6 apply to any gaming on any Indian lands, and shall not

7 apply to any commerce, intended for gaming on any In8 dian lands.’’.

9 (8) Paragraph (7) of section 11(d) (25 U.S.C.

10 2710(d)) is amended—

11 (A) by amending clause (i) of subparagraph (A)

12 to read as follows:

13 ‘‘(i) any cause of action for a declaratory judg14 ment brought by an Indian tribe or State, which is

15 authorized by this clause to file an action for a de16 claratory judgment in district courts of the United

17 States for the purposes of seeking a determination

18 of what games are permitted to be played by any

19 person or entity for any purposes in the State in

20 which the proposed class III gaming activities are to

21 be conducted on Indian lands,’’;

22 (B) in clause (ii) of subparagraph (A)—

23 (i) by inserting ‘‘the United States,’’ before

24 ‘‘a State’’; and
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1 (ii) by striking out ‘‘Tribal-State compact

2 entered into under paragraph (3)’’ and insert3 ing in lieu thereof ‘‘compact’’;

4 (C) by amending clause (iii) to read as follows:

5 ‘‘(iii) any cause of action initiated by the Sec6 retary, a State or an Indian tribe to enforce provi7 sions of a compact.’’; and

8 (D) by amending subparagraph (B) to read as

9 follows:

10 ‘‘(B) In any declaratory action brought under sub11 paragraph (A)(i) the court shall declare that the gaming

12 activity as a matter of Federal law shall be the subject

13 of negotiation and included in a compact if it finds that—

14 ‘‘(i) the gaming activity is not prohibited as a

15 matter of State criminal law; or

16 ‘‘(ii) even if the gaming activity is prohibited as

17 a matter of State criminal law, the gaming activity

18 meets one or more of the following criteria—

19 ‘‘(I) its principal characteristics are sub20 stantially similar to principal characteristics of

21 gaming activities that are not prohibited as a

22 matter of State criminal law;

23 ‘‘(II) State law permits the gaming activity

24 subject to regulation;
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1 ‘‘(III) as a matter of State law any person,

2 organization, or entity within the State may en3 gage in the gaming activity for any purpose; or

4 ‘‘(IV) there is a pervasive pattern of non5 enforcement of the gaming prohibition.

6 ‘‘(C) Nothing in this subsection shall be construed to

7 preclude or delay a tribe from seeking the mediation set

8 forth in paragraph (3) of this subsection.’’.

9 (9) Subsection (d) of section 11 (25 U.S.C. 2710)

10 is amended by striking out paragraph (8) and redesignat11 ing paragraph (9) as paragraph (8) and in that paragraph

12 by striking out ‘‘subsections (b), (c), (d), (f), (g), and (h)

13 of’’.

14 (c) APPROVAL OF TRIBAL GAMING ORDINANCE OR

15 RESOLUTION.—Subsection (e) of section 11 (25 U.S.C.

16 2710) is amended by striking out ‘‘Chairman’’ each place

17 it appears and inserting in lieu thereof ‘‘Commission’’.

18 SEC. 10. MANAGEMENT CONTRACTS.

19 (a) ROLE OF COMMISSION.—(1) Section 12 of the

20 Act (25 U.S.C. 2712) is amended by striking out ‘‘Chair21 man’’ each place it appears and inserting in lieu thereof

22 ‘‘Commission’’.

23 (2) Subsection (f) of such section is amended by

24 striking out ‘‘he’’ and inserting in lieu thereof ‘‘the Com25 mission’’.
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1 (b) INFORMATION REQUIRED.—Section 12(a) (25

2 U.S.C. 2711(a)) is amended—

3 (1) in the matter preceding subparagraph (A)

4 of paragraph (1), by striking out ‘‘class II gaming

5 activity that the Indian tribe may engage in under

6 section 11(b)(1)’’ and inserting in lieu thereof ‘‘gam7 ing activity that the Indian tribe may engage in

8 under this Act’’;

9 (2) by striking out ‘‘and’’ at the end of para10 graph (1)(B); by striking out the period at the end

11 of paragraph (1)(C) and inserting in lieu thereof ‘‘;

12 and’’; and by adding at the end of paragraph (1) the

13 following:

14 ‘‘(D) a complete disclosure of all collateral and ancil15 lary agreements that exist between the management com16 pany and the tribe, and between any and all persons listed

17 in subparagraph (A) and the tribe.’’; and

18 (3) by striking out paragraph (3).

19 (c) APPROVAL.—Subsection (b) of section 12 (25

20 U.S.C. 2711) is amended by inserting ‘‘and’’ at the end

21 of paragraph (4), striking out paragraph (5), and redesig22 nating paragraph (6) as paragraph (5).

23 (d) PERIOD FOR APPROVAL.—Subsection (d) of sec24 tion 12 (25 U.S.C. 2711) is amended—
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1 (1) by striking out ‘‘180’’ both places it appears

2 and inserting in lieu thereof ‘‘90’’; and

3 (2) by amending the second sentence to read as

4 follows: ‘‘In the event the time periods expire with5 out action taken by the Commission, the manage6 ment contract shall be deemed to be approved and

7 the tribe and management contractors may proceed

8 as if such contract is formally approved.’’.

9 SEC. 11. EXISTING ORDINANCES AND CONTRACTS.

10 Subsection (c) of section 13 (25 U.S.C. 2712) is

11 amended by striking out ‘‘including all collateral agree12 ments,’’ and inserting in lieu thereof ‘‘including all related

13 agreements involving the same parties, financing or leas14 ing agreements, or any agreement that pertains to signifi15 cant management functions or responsibilities,’’.

16 SEC. 12. CIVIL PENALTIES.

17 Paragraph (2) of section 14(a) (25 U.S.C. 2713(a))

18 is amended by inserting ‘‘a mechanism for informal dis19 pute resolution and’’.

20 SEC. 13. COMMISSION FUNDING.

21 Section 18 of the Act (25 U.S.C. 2717) is amended

22 by adding at the end the following:

23 ‘‘(c) The Commission may assess applicable gaming

24 operations for an amount necessary to defray reasonable

25 costs related to the performance of regulatory responsibil-
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1 ities set forth in compacts relating to class III gaming ac2 tivities.

3 ‘‘(d) All amounts collected pursuant to the assess4 ment of fees under this section shall be retained by the

5 Commission and, subject to subsection(a)(5), shall be

6 available without further appropriation—

7 ‘‘(1) first for the performance of the regulatory

8 responsibilities relating to the class of gaming with

9 respect to which such fees were collected; and

10 ‘‘(2) then, to the extent any amount remains,

11 for the performance of other responsibilities of the

12 Commission.’’.

13 SEC. 14. GAMING ON AFTER-ACQUIRED LANDS.

14 (a) ELIMINATION OF GOVERNOR’S CONCURRENCE.—

15 Subparagraph (A) of section 20(b)(1) of the Act (25

16 U.S.C. 2719(b)(1)) is amended by striking out ‘‘, but only

17 if the Governor of the State in which the gaming activity

18 is to be conducted concurs in the Secretary’s determina19 tion’’.

20 (b) REPORTING AND WITHHOLDING OF TAXES.—

21 Paragraph (1) of section 20(d) (25 U.S.C. 2719(d)) is

22 amended—

23 (1) by inserting ‘‘, the exemption from Federal

24 taxes provided to the States with respect to any
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1 gaming activity, and the reporting of cash trans2 actions’’ after ‘‘wagering operations’’; and

3 (2) by striking out ‘‘under a Tribal-State com4 pact entered into under section 11(d)(3) that is in

5 effect,’’.

6 SEC. 15. CRIMINAL PROVISIONS.

7 Section 1166 of title 18, United States Code, is

8 amended by striking out ‘‘Tribal-State compact’’ both

9 places it appears and inserting in lieu thereof ‘‘compact’’.

10 SEC. 16. TAX EXEMPT STATUS.

11 The Act is amended by inserting after section 20 the

12 following new section:

13 ‘‘TAX EXEMPT STATUS

14 ‘‘SEC. 20A. Notwithstanding any other provision of

15 Federal law, tribally owned or chartered gaming oper16 ations shall not be subject to any Federal tax, including

17 (but not limited to) excise and corporations taxes, except

18 for the fees and assessments expressly provided for in this

19 Act.’’.

20 SEC. 17. EFFECTIVE DATES AND TRANSITION PROVISIONS.

21 (a) PRIOR COMPACTS AND GOVERNANCE.—Notwith22 standing any other provision of the Indian Gaming Regu23 latory Act Amendments of 1995, all compacts approved

24 by the Secretary, and procedures for governance in lieu

25 of compacts promulgated by the Secretary of the Interior,

26 under the Indian Gaming Regulatory Act (25 U.S.C. 2701
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1 et seq.) as in effect before the date of the enactment of

2 this Act, shall continue to be fully operative and binding

3 on the parties and shall not be subject to revision unless

4 agreed to by the parties.

5 (b) NEGOTIATIONS.—Any tribe that requested a

6 State to negotiate a Tribal-State compact before the en7 actment of the Indian Gaming Regulatory Act Amend8 ments of 1995 and has not completed that process may

9 request the State to enter into a compact as specified

10 under section 11(d)(3)(A) of the Indian Gaming Regu11 latory Act (25 U.S.C. 2701 et seq.) as amended by this

12 Act.

13 (c) LAWFULNESS OF CERTAIN CLASS III GAMING

14 ACTIVITIES.—(1) Class III gaming activities that are as

15 a matter of Federal law lawful in any jurisdiction on the

16 date of the enactment of this Act, shall, notwithstanding

17 any provision of this Act or the amendments made by this

18 Act, remain lawful for purposes of section 11(d)(7)(C) of

19 the Indian Gaming Regulatory Act (25 U.S.C.

20 2710(d)(7)(C)), as amended by this Act.

21 (2) For purposes of Federal law, the laws in effect

22 on the date that an Indian tribe notifies the Secretary (or

23 before 1993, notified the State) that it wishes to negotiate

24 a compact, shall be the basis for determining the scope

25 of gaming in section 11(d) of the Indian Gaming Regu-
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1 latory Act (25 U.S.C. 2710(d)), as amended by this Act,

2 for any compact or for procedures in lieu of a compact.

3 For 1993 and later, laws in effect may be considered so

4 long as these laws increase the gaming options available

5 to tribes.

6 (3) Notwithstanding any provision of this Act or the

7 amendments made by this Act—

8 (A) tribes operating Class III gaming pursuant

9 to regulations promulgated by the Department of

10 the Interior and in effect on or before the date of

11 the enactment of this Act shall be entitled to con12 duct Class III gaming activities without the approval

13 of a compact, consistent with such regulations;

14 (B) tribes with Indian lands in Wisconsin shall

15 be entitled to conduct Class III gaming activities

16 consistent with the decision of Federal district court

17 in Lac du Flambeau Band of Lake Superior Chip18 pewa Indians v. State of Wisconsin, 770 F. Supp.

19 480 (W.D. Wis. 1991);

20 (C) tribes with Indian lands in the State of

21 Washington shall be entitled to conduct or continue

22 such class III gaming activities that were actually

23 operated in such State by any Indian tribe on or be24 fore November 1, 1994, without a compact, but only

25 to the extent of the nature and scope of such class
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1 III gaming activities that were in operation by any

2 Indian tribe in such State on or before such date,

3 so long as such class III gaming activities are other4 wise in compliance with this Act or court order;

5 (D) tribes with Indian lands in the State of

6 California shall be entitled to conduct class III gam7 ing activities without a compact so long as such

8 games are limited to the nature and scope of gaming

9 activities conducted by an Indian tribe in the State

10 of California in effect on or prior to January 1,

11 1995, and such activities are otherwise in compli12 ance with this Act.

13 (d) CATAWBA INDIAN TRIBE OF SOUTH CARO14 LINA.—Nothing in this Act or the amendments made by

15 this Act shall be construed as a repeal of section 14(a)

16 of the Catawba Indian Tribe of South Carolina Land

17 Claims Settlement Act of 1993 (25 U.S.C. 941l(a)).

18 (e) DEFINITIONS.—For the purposes of this section,

19 the terms ‘‘class III gaming’’ and ‘‘Indian tribe’’ have the

20 meaning given such terms by the Indian Gaming Regu21 latory Act (25 U.S.C. 2701 et seq.).

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