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104TH CONGRESS

1ST SESSION H. R. 140

To amend the Indian Gaming Regulatory Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. SOLOMON introduced the following bill; which was referred to the

Committee on Resources

A BILL

To amend the Indian Gaming Regulatory Act, and for other

purposes.

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.

4 This Act may be cited as the ‘‘Unified Intra-State

5 Gaming Rules Act’’.

6 SEC. 2. INDIAN GAMING RESTRICTED.

7 (a) REGULATION OF CLASS II GAMING.—Section

8 11(b) of the Act (25 U.S.C. 2710(b)) is amended—

9 (1) in paragraph (1)—

10 (A) in subparagraph (A)—

11 (i) by inserting ‘‘(i)’’ after ‘‘(A)’’;
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1 (ii) in clause (i), as designated by

2 clause (i) of this subparagraph, by striking

3 ‘‘any purpose’’ and all that follows through

4 ‘‘law), and’’ and inserting ‘‘a commercial

5 purpose by any person, organization or en6 tity, or’’; and

7 (iii) by inserting after clause (i), as

8 designated by clause (i) of this subpara9 graph, the following:

10 ‘‘(ii) such Indian gaming is for charitable pur11 poses and is located within a State that permits

12 such gaming for charitable purposes by a person,

13 organization or entity,’’;

14 (B) by redesignating subparagraph (B) as

15 subparagraph (D) and inserting after subpara16 graph (A), the following new subparagraphs:

17 ‘‘(B) such gaming is not otherwise specifically

18 prohibited on Indian lands by Federal law,

19 ‘‘(C) permissible gaming is limited to the spe20 cific forms of, and methods of play for, gaming ac21 tivities expressly authorized by the law of the State,

22 and’’; and

23 (2) in paragraph (2)—

24 (A) in subparagraph (E), by striking

25 ‘‘and’’ at the end;
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1 (B) in subparagraph (F), by striking the

2 period and inserting ‘‘; and’’; and

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

4 ‘‘(G) all gaming activities shall be conducted in

5 conformity with those laws and regulations (if any)

6 of the State regarding specific games allowed and

7 methods of play, including, but not limited to, peri8 ods of operation, limitation on wagers, pot sizes, and

9 losses.’’.

10 (b) REGULATION OF CLASS III GAMING.—Section

11 11(d)(1) of the Act (25 U.S.C. 2710(d)(1)) is amended—

12 (1) by amending subparagraph (B) to read as

13 follows:

14 ‘‘(B) located in a State that permits such gam15 ing for any purpose by any person, organization, or

16 entity which conducts the authorized gaming activity

17 as part of a commercial, for-profit business enter18 prise; except that a Tribal-State compact may per19 mit any other class III gaming authorized by a State

20 if conducted in accordance with State law;’’; and

21 (2) by redesignating subparagraph (C) as sub22 paragraph (D) and inserting after subparagraph (B)

23 the following new subparagraph:
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1 ‘‘(C) limited to the specific forms of, and meth2 ods of play for, gaming activities expressly author3 ized by the law of the State; and’’.

4 SEC. 3. DEFINITION OF CLASS III GAMING.

5 Section 4 of the Act (25 U.S.C. 2703) is amended—

6 (1) in paragraph (7)(A)(i), by inserting after

7 ‘‘therewith)’’ the following: ‘‘except video bingo’’;

8 and

9 (2) in paragraph (8), by inserting before the pe10 riod at the end the following: ‘‘including, but not

11 limited to, slot machines (as such term is defined in

12 subsection (a)(1) of the first section of the Act of

13 January 2, 1951 (Chapter 1194; 64 Stat. 1134)),

14 electronic or electromechanical facsimiles of any

15 game of chance, and any and all forms of electronic

16 video games or devices, such as video bingo, video

17 pull-tabs, video keno, and video blackjack’’.

18 SEC. 4. COMPACT NEGOTIATION.

19 (a) BURDEN OF PROOF.—Section 11(d)(7)(B)(ii) of

20 the Act (25 U.S.C. 2710(d)(7)(B)(ii)) is amended by

21 striking ‘‘burden of proof shall be upon the State to prove

22 that the State’’ and inserting ‘‘burden of proof shall be

23 upon the Indian tribe to prove that the State’’.

24 (b) CERTAIN EVIDENCE.—Section 11(d)(7)(B)(iii) of

25 the Act (25 U.S.C. 2710(d)(7)(B)(iii)) is amended—
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1 (1) in subclause (I), by striking ‘‘, and’’ at the

2 end and inserting a semicolon;

3 (2) in subclause (II), by striking the period and

4 inserting ‘‘; and’’; and

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

6 ‘‘(III) except as provided in clause

7 (ii), shall not consider as evidence that the

8 State has not negotiated in good faith a

9 demand by the State that the gaming ac10 tivities contemplated by the compact be

11 conducted on the same basis as gaming ac12 tivities which may be conducted by any

13 other person or entity under the terms of

14 relevant State law.’’.

15 SEC. 5. NATIONAL INDIAN GAMING COMMISSION.

16 (a) ADDITIONAL MEMBERS.—Section 5(b)(1) of the

17 Act (25 U.S.C. 2704(b)(1)) is amended—

18 (1) in the material preceding subparagraph (A),

19 by striking ‘‘three’’ and inserting ‘‘five’’;

20 (2) in subparagraph (A), by striking ‘‘and’’ at

21 the end;

22 (3) in subparagraph (B), by striking the period

23 at the end and inserting ‘‘; and’’; and

24 (4) by adding at the end the following:
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1 ‘‘(C) two associate members who shall be

2 appointed by the President, with the advice and

3 consent of the Senate, from among State offi4 cials.’’.

5 (b) COMPOSITION.—Section 5(b)(3) of the Act (25

6 U.S.C. 2704(b)(3)) is amended in the first sentence by

7 striking ‘‘two’’ and inserting ‘‘three’’.

8 (c) QUORUM.—Section 5(d) of the Act (25 U.S.C.

9 2704(d)) is amended by striking ‘‘two’’ and inserting

10 ‘‘three’’.

11 (d) EFFECTIVE DATE; TRANSITION RULES.—(1) Ex12 cept as required by paragraph (2), the amendments made

13 by this section shall take effect at the end of the 90-day

14 period beginning on the date of enactment of this Act and

15 shall apply with respect to any action taken by the Na16 tional Indian Gaming Commission after the end of such

17 period.

18 (2) Not later than 90 days after the date of enact19 ment of this Act, the President shall make the initial ap20 pointments of the associate members of the National In21 dian Gaming Commission, as required by the amendments

22 made by subsection (a) of this section, in accordance with

23 the Indian Gaming Regulatory Act, as amended by this

24 Act.
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1 SEC. 6. GAMING ON AFTER ACQUIRED LANDS.

2 Section 20(b)(1)(A) of the Act (25 U.S.C.

3 2719(b)(1)(A)) is amended—

4 (1) by striking ‘‘and appropriate State and local

5 officials, including officials of other nearby Indian

6 tribes,’’ and inserting the following: ‘‘, appropriate

7 State and local officials (including officials of other

8 nearby Indian tribes), and officials of other nearby

9 communities (including communities across State

10 borders that would be directly affected by gaming

11 conducted on such lands),’’; and

12 (2) by striking ‘‘community’’ and inserting

13 ‘‘communities (including communities across State

14 borders that would be directly affected by gaming

15 conducted on such lands)’’.

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