II 

Calendar No. 466 

109TH CONGRESS 

2D SESSION S. 2078 

[Report No. 109–261] 

To amend the Indian Gaming Regulatory Act to clarify the authority of 

the National Indian Gaming Commission to regulate class III gaming, 

to limit the lands eligible for gaming, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2005 

Mr. MCCAIN introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

JUNE 6, 2006 

Reported by Mr. MCCAIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Indian Gaming Regulatory Act to clarify the 

authority of the National Indian Gaming Commission 

to regulate class III gaming, to limit the lands eligible 

for gaming, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Indian Gaming Regu3 latory Act Amendments of 2005’’. 

4 SEC. 2. DEFINITIONS. 

5 Section 4 of the Indian Gaming Regulatory Act (25 

6 U.S.C. 2703) is amended— 

7 (1) in paragraph (7)(E), by striking ‘‘of the In8 dian Gaming Regulatory Act (25 U.S.C. 

9 2710(d)(3))’’; and 

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

11 ‘‘(11) GAMING-RELATED CONTRACT.—The term 

12 ‘gaming-related contract’ means— 

13 ‘‘(A) a contract or other agreement relat14 ing to the management and operation of an In15 dian tribal gaming activity, including a contract 

16 for services under which the gaming-related 

17 contractor— 

18 ‘‘(i) exercises material control over the 

19 gaming activity (or any part of the gaming 

20 activity); or 

21 ‘‘(ii) advises or consults with a person 

22 that exercises material control over the 

23 gaming activity (or any part of the gaming 

24 activity); 

25 ‘‘(B) an agreement relating to the develop26 ment or construction of a facility to be used for 


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1 an Indian tribal gaming activity (including a fa2 cility that is ancillary to such an activity) the 

3 cost of which is greater than $250,000; or 

4 ‘‘(C) an agreement that provides for com5 pensation or fees based on a percentage of the 

6 net revenues of an Indian tribal gaming activ7 ity. 

8 ‘‘(12) GAMING-RELATED CONTRACTOR.—The 

9 term ‘gaming-related contractor’ means an entity or 

10 an individual, including an individual who is an offi11 cer, or who serves on the board of directors, of an 

12 entity, or a stockholder that directly or indirectly 

13 holds at least 5 percent of the issued and out14 standing stock of an entity, that enters into a gam15 ing-related contract with— 

16 ‘‘(A) an Indian tribe; or 

17 ‘‘(B) an agent of an Indian tribe. 

18 ‘‘(13) MATERIAL CONTROL.—The term ‘mate19 rial control’, with respect to a gaming activity, 

20 means the exercise of authority or supervision over 

21 a matter that substantially affects a financial or 

22 management aspect of an Indian tribal gaming ac23 tivity.’’. 


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1 SEC. 3. NATIONAL INDIAN GAMING COMMISSION. 

2 Section 5 of the Indian Gaming Regulatory Act (25 

3 U.S.C. 2704) is amended— 

4 (1) in subsection (c)— 

5 (A) by striking ‘‘(c) Vacancies’’ and insert6 ing the following: 

7 ‘‘(c) VACANCIES.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), a vacancy’’; 

10 (B) by striking the second sentence and in11 serting the following: 

12 ‘‘(3) EXPIRATION OF TERM.—Unless a member 

13 has been removed for cause under subsection (b)(6), 

14 the member may— 

15 ‘‘(A) serve after the expiration of the term 

16 of office of the member until a successor is ap17 pointed; or 

18 ‘‘(B) be reappointed to serve on the Com19 mission.’’; and 

20 (C) by inserting after paragraph (1) (as 

21 designated by subparagraph (A)) the following: 

22 ‘‘(2) VICE CHAIRMAN.—The Vice Chairman 

23 shall act as Chairman in the absence or disability of 

24 the Chairman.’’; and 

25 (2) in subsection (e), in the second sentence, by 

26 inserting ‘‘or disability’’ after ‘‘in the absence’’. 


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1 SEC. 4. POWERS OF THE CHAIRMAN. 

2 Section 6 of the Indian Gaming Regulatory Act (25 

3 U.S.C. 2705) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (3), by striking ‘‘and’’ at 

6 the end; 

7 (B) by striking paragraph (4) and insert8 ing the following: 

9 ‘‘(4) approve gaming-related contracts for class 

10 II gaming and class III gaming under section 12; 

11 and’’; and 

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

13 ‘‘(5) conduct a background investigation and 

14 make a determination with respect to the suitability 

15 of a gaming-related contractor, as the Chairman de16 termines to be appropriate.’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(c) DELEGATION OF AUTHORITY.— 

19 ‘‘(1) IN GENERAL.—The Chairman may dele20 gate any authority under this section to any member 

21 of the Commission, as the Chairman determines to 

22 be appropriate. 

23 ‘‘(2) REQUIREMENT.—In carrying out an activ24 ity pursuant to a delegation under paragraph (1), a 

25 member of the Commission shall be subject to, and 

26 act in accordance with— 


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1 ‘‘(A) the general policies formally adopted 

2 by the Commission; and 

3 ‘‘(B) the regulatory decisions, findings, 

4 and determinations of the Commission pursuant 

5 to Federal law.’’. 

6 SEC. 5. POWERS OF THE COMMISSION. 

7 Section 7(b) of the Indian Gaming Regulatory Act 

8 (25 U.S.C. 2706(b)) is amended— 

9 (1) in paragraphs (1) and (4), by inserting 

10 ‘‘and class III gaming’’ after ‘‘class II gaming’’ each 

11 place it appears; 

12 (2) in paragraph (2), by inserting ‘‘or class III 

13 gaming’’ after ‘‘class II gaming’’; and 

14 (3) in paragraph (10), by inserting ‘‘, including 

15 regulations addressing minimum internal control 

16 standards for class II gaming and class III gaming 

17 activities’’ before the period at the end. 

18 SEC. 6. COMMISSION STAFFING. 

19 (a) GENERAL COUNSEL.—Section 8(a) of the Indian 

20 Gaming Regulatory Act (25 U.S.C. 2707(a)) is amended 

21 by striking ‘‘basic’’ and all that follows through the end 

22 of the subsection and inserting the following: ‘‘pay payable 

23 for level IV of the Executive Schedule under chapter 11 

24 of title 2, United States Code, as adjusted by section 5318 

25 of title 5, United States Code.’’. 


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1 (b) OTHER STAFF.—Section 8(b) of the Indian Gam2 ing Regulatory Act (25 U.S.C. 2707(b)) is amended by 

3 striking ‘‘basic’’ and all that follows through the end of 

4 the subsection and inserting the following: ‘‘pay payable 

5 for level IV of the Executive Schedule under chapter 11 

6 of title 2, United States Code, as adjusted by section 5318 

7 of title 5, United States Code.’’. 

8 (c) TEMPORARY AND INTERMITTENT SERVICES.— 

9 Section 8(c) of the Indian Gaming Regulatory Act (25 

10 U.S.C. 2707(c)) is amended by striking ‘‘basic’’ and all 

11 that follows through the end of the subsection and insert12 ing the following: ‘‘pay payable for level IV of the Execu13 tive Schedule under chapter 11 of title 2, United States 

14 Code, as adjusted by section 5318 of title 5, United States 

15 Code.’’. 

16 SEC. 7. TRIBAL GAMING ORDINANCES. 

17 Section 11 of the Indian Gaming Regulatory Act (25 

18 U.S.C. 2710) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1)(A), by striking ‘‘, 

21 and’’ and inserting ‘‘; and’’; 

22 (B) in paragraph (2)(F)— 

23 (i) by striking clause (i) and inserting 

24 the following: 


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1 ‘‘(i) ensures that background investigations 

2 and ongoing oversight activities are conducted 

3 with respect to— 

4 ‘‘(I) tribal gaming commissioners and 

5 key tribal gaming commission employees, 

6 as determined by the Chairman; 

7 ‘‘(II) primary management officials 

8 and other key employees of the gaming en9 terprise, as determined by the Chairman; 

10 and 

11 ‘‘(III) any person that is a party to a 

12 gaming-related contract; and’’; and 

13 (ii) in clause (ii)(I), by striking ‘‘pri14 mary’’ and all that follows through ‘‘with’’ 

15 and inserting ‘‘the individuals and entities 

16 described in clause (i), including’’; 

17 (C) in paragraph (3)— 

18 (i) by redesignating subparagraphs 

19 (C) and (D) as subparagraphs (D) and 

20 (E), respectively; and 

21 (ii) by striking subparagraph (B) and 

22 inserting the following: 

23 ‘‘(B) the plan is approved by the Secretary 

24 after the Secretary determines that— 


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1 ‘‘(i) the plan is consistent with the uses de2 scribed in paragraph (2)(B); 

3 ‘‘(ii) the plan adequately addresses the 

4 purposes described in clauses (i) and (iii) of 

5 paragraph (2)(B); and 

6 ‘‘(iii) a per capita payment is a reasonable 

7 method of providing for the general welfare of 

8 the Indian tribe and the members of the Indian 

9 tribe; 

10 ‘‘(C) the Secretary determines that the plan 

11 provides an adequate mechanism for the monitoring 

12 and enforcement, by the Secretary and the Chair13 man, of the compliance of the plan (including any 

14 amendment, revision, or rescission of any part of the 

15 plan);’’; and 

16 (D) in paragraph (4)(B)(i)— 

17 (i) in subclause (I), by striking ‘‘of 

18 the Act,’’ and inserting a semicolon; 

19 (ii) in subclause (II), by striking ‘‘of 

20 this subsection’’ and inserting a semicolon; 

21 (iii) in subclause (III), by striking ‘‘, 

22 and’’ and inserting ‘‘; and’’; and 

23 (iv) in subclause (IV), by striking 

24 ‘‘National Indian Gaming’’; 

25 (2) in subsection (d)— 


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1 (A) in paragraph (1)— 

2 (i) in subparagraph (A)— 

3 (I) in clause (i), by striking 

4 ‘‘lands,’’ and inserting ‘‘lands;’’; 

5 (II) in clause (ii), by striking ‘‘, 

6 and’’ and inserting ‘‘; and’’; and 

7 (III) in clause (iii), by striking 

8 the comma at the end and inserting a 

9 semicolon; and 

10 (ii) in subparagraph (B), by striking 

11 ‘‘, and’’ and inserting ‘‘; and’’; 

12 (B) in paragraph (2)— 

13 (i) in subparagraph (B)(i), by striking 

14 ‘‘, or’’ and inserting ‘‘; or’’; and 

15 (ii) in subparagraph (D)(iii)(I), by 

16 striking ‘‘, and’’ and inserting ‘‘; and’’; 

17 (C) in paragraph (7)(B)— 

18 (i) in clause (ii)(I), by striking ‘‘, 

19 and’’ and inserting ‘‘; and’’; 

20 (ii) in clause (iii)(I), by striking ‘‘, 

21 and’’ and inserting ‘‘; and’’; and 

22 (iii) in clause (vii)(I), by striking ‘‘, 

23 and’’ and inserting ‘‘; and’’; 

24 (D) in paragraph (8)(B)— 


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1 (i) in clause (i), by striking the 

2 comma at the end and inserting a semi3 colon; and 

4 (ii) in clause (ii), by striking ‘‘, or’’ 

5 and inserting ‘‘; or’’; and 

6 (E) by striking paragraph (9); and 

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

8 ‘‘(f) PROVISION OF INFORMATION TO CHAIRMAN.— 

9 Immediately after approving a plan (including any amend10 ment, revision, or recision of any part of a plan) under 

11 subsection (b)(3), the Secretary shall provide to the Chair12 man— 

13 ‘‘(1) a notice of the approval; and 

14 ‘‘(2) any information used by the Secretary in 

15 approving the plan.’’. 

16 SEC. 8. GAMING-RELATED CONTRACTS. 

17 Section 12 of the Indian Gaming Regulatory Act (25 

18 U.S.C. 2711) is amended to read as follows: 

19 ‘‘SEC. 12. GAMING-RELATED CONTRACTS. 

20 ‘‘(a) IN GENERAL.—To be enforceable under this 

21 Act, a gaming-related contract shall be— 

22 ‘‘(1) in writing; and 

23 ‘‘(2) approved by the Chairman under sub24 section (c). 

25 ‘‘(b) CONTRACT REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—A gaming-related contract 

2 under this Act shall provide for the Indian tribe, at 

3 a minimum, provisions relating to— 

4 ‘‘(A) accounting and reporting procedures, 

5 including, as appropriate, provisions relating to 

6 verifiable financial reports; 

7 ‘‘(B) the access required to ensure proper 

8 performance of the gaming-related contract, in9 cluding access to, with respect to a gaming ac10 tivity— 

11 ‘‘(i) daily operations; 

12 ‘‘(ii) real property; 

13 ‘‘(iii) equipment; and 

14 ‘‘(iv) any other tangible or intangible 

15 property used to carry out the activity; 

16 ‘‘(C) assurance of performance of each 

17 party to the gaming-related contract, including 

18 the provision of bonds under subsection (d), as 

19 the Chairman determines to be necessary; and 

20 ‘‘(D) the reasons for, and method of, ter21 minating the gaming-related contract. 

22 ‘‘(2) TERM.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the term of a gaming-related 

25 contract shall not exceed 5 years. 


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1 ‘‘(B) EXCEPTION.—Notwithstanding sub2 paragraph (A), a gaming-related contract may 

3 have a term of not to exceed 7 years if— 

4 ‘‘(i) the Indian tribal party to the 

5 gaming-related contract submits to the 

6 Chairman a request for such a term; and 

7 ‘‘(ii) the Chairman determines that 

8 the term is appropriate, taking into consid9 eration the circumstances of the gaming10 related contract. 

11 ‘‘(3) FEES.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding the 

13 payment terms of a gaming-related contract, 

14 and except as provided in subparagraph (B), 

15 the fee of a gaming-related contractor or bene16 ficiary of a gaming-related contract shall not 

17 exceed an amount equal to 30 percent of the 

18 net revenues of the gaming operation that is 

19 the subject of the gaming-related contract. 

20 ‘‘(B) EXCEPTION.—The fee of a gaming21 related contractor or beneficiary of a gaming-re22 lated contract may be in an amount equal to 

23 not more than 40 percent of the net revenues 

24 of the gaming operation that is the subject of 

25 the gaming-related contract if the Chairman deVerDate Aug 31 2005 23:07 Jun 06, 2006 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S2078.RS S2078

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1 termines that such a fee is appropriate, taking 

2 into consideration the circumstances of the 

3 gaming-related contract. 

4 ‘‘(c) APPROVAL BY CHAIRMAN.— 

5 ‘‘(1) GAMING-RELATED CONTRACTS.— 

6 ‘‘(A) IN GENERAL.—An Indian tribe shall 

7 submit each gaming-related contract of the 

8 tribe to the Chairman for approval by not later 

9 than the earlier of— 

10 ‘‘(i) the date that is 90 days after the 

11 date on which the gaming-related contract 

12 is executed; or 

13 ‘‘(ii) the date that is 90 days before 

14 the date on which the gaming-related con15 tract is scheduled to be completed. 

16 ‘‘(B) FACTORS FOR CONSIDERATION.—In 

17 determining whether to approve a gaming-re18 lated contract under this subsection, the Chair19 man may take into consideration any informa20 tion relating to the terms, parties, and bene21 ficiaries of— 

22 ‘‘(i) the gaming-related contract; and 

23 ‘‘(ii) any other agreement relating to 

24 the Indian gaming activity, as determined 

25 by the Chairman. 


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1 ‘‘(C) DEADLINE FOR DETERMINATION.— 

2 ‘‘(i) IN GENERAL.—The Chairman 

3 shall approve or disapprove a gaming-re4 lated contract under this subsection by not 

5 later than 90 days after the date on which 

6 the Chairman makes a determination re7 garding the suitability of each gaming-re8 lated contractor under paragraph (2). 

9 ‘‘(ii) EXPEDITED REVIEW.— 

10 ‘‘(I) IN GENERAL.—If each gam11 ing-related contractor has been deter12 mined by the Chairman to be suitable 

13 under paragraph (2) on or before the 

14 date on which the gaming-related con15 tract is submitted to the Chairman, 

16 the Chairman shall approve or dis17 approve the gaming-related contract 

18 by not later than 30 days after the 

19 date on which the gaming-related con20 tract is submitted. 

21 ‘‘(II) FAILURE TO DETERMINE.— 

22 If the Chairman fails to make a deter23 mination by the date described in sub24 clause (I), a gaming-related contract 


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1 described in that subclause shall be 

2 considered to be approved. 

3 ‘‘(III) AMENDMENTS.—The 

4 Chairman may require the parties to 

5 a gaming-related contract considered 

6 to be approved under subclause (II) to 

7 amend the gaming-related contract, as 

8 the Chairman considers to be appro9 priate to meet the requirements under 

10 subsection (b). 

11 ‘‘(iii) EARLY OPERATION.— 

12 ‘‘(I) IN GENERAL.—On approval 

13 of the Chairman under subclause (II), 

14 a gaming-related contract may be car15 ried out before the date on which the 

16 gaming-related contract is approved 

17 by the Chairman under clause (i). 

18 ‘‘(II) APPROVAL BY CHAIR19 MAN.—The Chairman may approve 

20 the early operation of a gaming-re21 lated contract under subclause (I) if 

22 the Chairman determines that— 

23 ‘‘(aa) adequate bonds have 

24 been provided under paragraph 


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1 (2)(G)(iii) and subsection (d); 

2 and 

3 ‘‘(bb) the gaming-related 

4 contract will be amended as the 

5 Chairman considers to be appro6 priate to meet the requirements 

7 under subsection (b). 

8 ‘‘(D) REQUIREMENTS FOR DIS9 APPROVAL.—The Chairman shall disapprove a 

10 gaming-related contract under this subsection if 

11 the Chairman determines that— 

12 ‘‘(i) the gaming-related contract fails 

13 to meet any requirement under subsection 

14 (b); 

15 ‘‘(ii) a gaming-related contractor is 

16 unsuitable under paragraph (2); 

17 ‘‘(iii) a gaming-related contractor or 

18 beneficiary of the gaming-related con19 tract— 

20 ‘‘(I) unduly interfered with or in21 fluenced, or attempted to interfere 

22 with or influence, a decision or proc23 ess of an Indian tribal government re24 lating to the gaming activity for the 


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1 benefit of the gaming-related con2 tractor or beneficiary; or 

3 ‘‘(II) deliberately or substantially 

4 failed to comply with— 

5 ‘‘(aa) the gaming-related 

6 contract; or 

7 ‘‘(bb) a tribal gaming ordi8 nance or resolution adopted and 

9 approved pursuant to this Act; 

10 ‘‘(iv) the Indian tribe with jurisdiction 

11 over the Indian lands on which the gaming 

12 activity is located will not receive the pri13 mary benefit as sole proprietor of the gam14 ing activity, taking into consideration any 

15 agreement relating to the gaming activity; 

16 ‘‘(v) a trustee would disapprove the 

17 gaming-related contract, in accordance 

18 with the duties of skill and diligence of the 

19 trustee, because the compensation or fees 

20 under the gaming-related contract do not 

21 bear a reasonable relationship to the cost 

22 of the goods or the benefit of the services 

23 provided under the gaming-related con24 tract; or 


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1 ‘‘(vi) a person or an Indian tribe 

2 would violate this Act— 

3 ‘‘(I) on approval of the gaming4 related contract; or 

5 ‘‘(II) in carrying out the gaming6 related contract. 

7 ‘‘(2) GAMING-RELATED CONTRACTORS.— 

8 ‘‘(A) IN GENERAL.—Not later than 90 

9 days after the date on which the Chairman re10 ceives a gaming-related contract, the Chairman 

11 shall make a determination regarding the suit12 ability of each gaming-related contractor to 

13 carry out any gaming activity that is the sub14 ject of the gaming-related contract. 

15 ‘‘(B) REQUIREMENTS.—The Chairman 

16 shall make a determination under subparagraph 

17 (A) that a gaming-related contractor is unsuit18 able if, as determined by the Chairman— 

19 ‘‘(i) the gaming-related contractor— 

20 ‘‘(I) is an elected member of the 

21 governing body of an Indian tribe that 

22 is a party to the gaming-related con23 tract; 

24 ‘‘(II) has been convicted of— 

25 ‘‘(aa) a felony; or 


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1 ‘‘(bb) any offense relating to 

2 gaming; 

3 ‘‘(III)(aa) knowingly and willfully 

4 provided any materially important 

5 false statement or other information 

6 to the Commission or an Indian tribe 

7 that is a party to the gaming-related 

8 contract; or 

9 ‘‘(bb) failed to respond to a re10 quest for information under this Act; 

11 ‘‘(IV) poses a threat to the public 

12 interest or the effective regulation or 

13 conduct of gaming under this Act, 

14 taking into consideration the behavior, 

15 criminal record, reputation, habits, 

16 and associations of the gaming-related 

17 contractor; 

18 ‘‘(V) unduly interfered, or at19 tempted to unduly interfere, with any 

20 determination or governing process of 

21 the governing body of an Indian tribe 

22 relating to a gaming activity, for the 

23 benefit of the gaming-related con24 tractor; or 


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1 ‘‘(VI) deliberately or substan2 tially failed to comply with the terms 

3 of— 

4 ‘‘(aa) the gaming-related 

5 contract; or 

6 ‘‘(bb) a tribal gaming ordi7 nance or resolution approved and 

8 adopted under this Act; or 

9 ‘‘(ii) a trustee would determine that 

10 the gaming-related contractor is unsuit11 able, in accordance with the duties of skill 

12 and diligence of the trustee. 

13 ‘‘(C) FAILURE TO DETERMINE.—If the 

14 Chairman fails to make a suitability determina15 tion with respect to a gaming-related contractor 

16 by the date described in subparagraph (A), each 

17 gaming-related contractor shall be considered to 

18 be suitable to carry out the gaming activity that 

19 is the subject of the applicable gaming-related 

20 contract. 

21 ‘‘(D) REVOCATION.—At any time, based 

22 on a showing of good cause, the Chairman 

23 may— 


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1 ‘‘(i) make a determination that a 

2 gaming-related contractor is unsuitable 

3 under this subsection; or 

4 ‘‘(ii) revoke a suitability determination 

5 under this subsection. 

6 ‘‘(E) TEMPORARY SUITABILITY.— 

7 ‘‘(i) IN GENERAL.—For purposes of 

8 meeting a deadline under paragraph 

9 (1)(C), the Chairman may determine that 

10 a gaming-related contractor is temporarily 

11 suitable if— 

12 ‘‘(I) the Chairman determined 

13 the gaming-related contractor to be 

14 suitable with respect to another gam15 ing-related contract being carried out 

16 on the date on which the Chairman 

17 makes a determination under this 

18 paragraph; and 

19 ‘‘(II) the gaming-related con20 tractor has not otherwise been deter21 mined to be unsuitable by the Chair22 man. 

23 ‘‘(ii) FINAL DETERMINATION.—The 

24 Chairman shall make a suitability deter25 mination with respect to a gaming-related 


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1 contractor that is the subject of a tem2 porary suitability determination under 

3 clause (i) by the date described in subpara4 graph (A), in accordance with subpara5 graph (F). 

6 ‘‘(F) UPDATING DETERMINATIONS.—The 

7 Chairman, as the Chairman determines to be 

8 appropriate, may limit an investigation of the 

9 suitability of a gaming-related contractor 

10 that— 

11 ‘‘(i) has been determined to be suit12 able by the Chairman with respect to an13 other gaming-related contract being carried 

14 out on the date on which the Chairman 

15 makes a determination under this para16 graph; and 

17 ‘‘(ii) certifies to the Chairman that 

18 the information provided during a pre19 ceding suitability determination has not 

20 materially changed. 

21 ‘‘(G) RESPONSIBILITY OF GAMING-RE22 LATED CONTRACTOR.—A gaming-related con23 tractor shall— 


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1 ‘‘(i) pay the costs of any investigation 

2 activity of the Chairman in carrying out 

3 this paragraph; 

4 ‘‘(ii) provide to the Chairman a notice 

5 of any change in information provided dur6 ing a preceding investigation on discovery 

7 of the change; and 

8 ‘‘(iii) during an investigation of suit9 ability under this paragraph, provide to the 

10 Chairman such bonds under subsection (d) 

11 as the Chairman determines to be appro12 priate to shield an Indian tribe from liabil13 ity resulting from an action of the gaming14 related contractor. 

15 ‘‘(H) REGISTRY.—The Chairman shall es16 tablish and maintain a registry of each suit17 ability determination made under this para18 graph. 

19 ‘‘(3) ADDITIONAL REVIEWS.—Notwithstanding 

20 an approval under paragraph (1), or a determination 

21 of suitability under paragraph (2), if the Chairman 

22 determines that a gaming-related contract, or any 

23 party to such a contract, is in violation of this Act, 

24 the Chairman may— 


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1 ‘‘(A) suspend performance under the gam2 ing-related contract; 

3 ‘‘(B) require the parties to amend the 

4 gaming-related contract; or 

5 ‘‘(C) revoke a determination of suitability 

6 under paragraph (2)(D). 

7 ‘‘(4) TERMINATION.—Termination of a gaming8 related contract shall not require the approval of the 

9 Chairman. 

10 ‘‘(d) BONDS.— 

11 ‘‘(1) IN GENERAL.—The Chairman may require 

12 a gaming-related contractor to provide to the Chair13 man a bond to ensure the performance of the gam14 ing-related contractor under a gaming-related con15 tract. 

16 ‘‘(2) REGULATIONS.—The Chairman, by regula17 tion, shall establish the amount of a bond required 

18 under this subsection. 

19 ‘‘(3) METHOD OF PAYMENT.—A bond under 

20 this subsection may be provided— 

21 ‘‘(A) in cash or negotiable securities; 

22 ‘‘(B) through a surety bond guaranteed by 

23 a guarantor acceptable to the Chairman; or 


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1 ‘‘(C) through an irrevocable letter of credit 

2 issued by a banking institution acceptable to 

3 the Chairman. 

4 ‘‘(4) USE OF BONDS.—The Chairman shall use 

5 a bond provided under this subsection to pay the 

6 costs of a failure of the gaming-related contractor 

7 that provided the bond to perform under a gaming8 related contract. 

9 ‘‘(e) APPEAL OF DETERMINATION.— 

10 ‘‘(1) IN GENERAL.—An Indian tribe or a gam11 ing-related contractor may submit to the Commis12 sion a request for an appeal of a determination of 

13 the Chairman under subsection (c) or (d). 

14 ‘‘(2) DETERMINATION OF COMMISSION.— 

15 ‘‘(A) HEARINGS.—The Commission shall 

16 schedule a hearing relating to an appeal under 

17 paragraph (1) by not later than 30 days after 

18 the date on which a request for the appeal is 

19 received. 

20 ‘‘(B) DEADLINE FOR DETERMINATION.— 

21 The Commission shall make a determination, by 

22 majority vote of the Commission, relating to an 

23 appeal under this subsection by not later than 

24 5 days after the date of the hearing relating to 

25 the appeal under subparagraph (A). 


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1 ‘‘(C) CONCURRENCE.—If the Commission 

2 concurs with a determination of the Chairman 

3 under this subsection, the determination shall 

4 be considered to be a final agency action. 

5 ‘‘(D) DISSENT.— 

6 ‘‘(i) IN GENERAL.—If the Commission 

7 dissents from a determination of the 

8 Chairman under this subsection, the Chair9 man may— 

10 ‘‘(I) rescind the determination of 

11 the Chairman; or 

12 ‘‘(II) on a finding of immediate 

13 and irreparable harm to the Indian 

14 tribe that is the subject of the deter15 mination, maintain the determination. 

16 ‘‘(ii) FINAL AGENCY ACTION.—A deci17 sion by the Chairman to maintain a deter18 mination under clause (i)(II) shall be con19 sidered to be a final agency action. 

20 ‘‘(3) APPEAL OF COMMISSION DETERMINA21 TION.—An Indian tribe, a gaming-related con22 tractor, or a beneficiary of a gaming-related contract 

23 may appeal a determination of the Commission 

24 under paragraph (2) to the United States District 

25 Court for the District of Columbia. 


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1 ‘‘(f) CONVEYANCE OF REAL PROPERTY.—No gam2 ing-related contract under this Act shall transfer or other3 wise convey any interest in land or other real property un4 less the transfer or conveyance— 

5 ‘‘(1) is authorized under law; and 

6 ‘‘(2) is specifically described in the gaming-re7 lated contract. 

8 ‘‘(g) CONTRACT AUTHORITY.—The authority of the 

9 Secretary under section 2103 of the Revised Statutes (25 

10 U.S.C. 81) relating to contracts under this Act is trans11 ferred to the Commission. 

12 ‘‘(h) NO EFFECT ON TRIBAL AUTHORITY.—This sec13 tion does not expand, limit, or otherwise affect the author14 ity of any Indian tribe or any party to a Tribal-State com15 pact to investigate, license, or impose a fee on a gaming16 related contractor.’’. 

17 SEC. 9. CIVIL PENALTIES. 

18 Section 14 of the Indian Gaming Regulatory Act (25 

19 U.S.C. 2713) is amended— 

20 (1) by striking the section designation and 

21 heading and all that follows through subsection (a) 

22 and inserting the following: 

23 ‘‘SEC. 14. CIVIL PENALTIES. 

24 ‘‘(a) PENALTIES.— 

25 ‘‘(1) VIOLATION OF ACT.— 


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1 ‘‘(A) IN GENERAL.—An Indian tribe, indi2 vidual, or entity that violates any provision of 

3 this Act (including any regulation of the Com4 mission and any Indian tribal regulation, ordi5 nance, or resolution approved under section 11 

6 or 13) in carrying out a gaming-related con7 tract may be subject to, as the Chairman deter8 mines to be appropriate— 

9 ‘‘(i) an appropriate civil fine, in an 

10 amount not to exceed $25,000 per viola11 tion per day; or 

12 ‘‘(ii) an order of the Chairman for an 

13 accounting and disgorgement, including in14 terest. 

15 ‘‘(B) APPLICATION TO INDIAN TRIBES.— 

16 An Indian tribe shall not be subject to 

17 disgorgement under subparagraph (A)(ii) unless 

18 the Chairman determines that the Indian tribe 

19 grossly violated a provision of this Act. 

20 ‘‘(2) APPEALS.—The Chairman shall provide, 

21 by regulation, an opportunity to appeal a determina22 tion relating to a violation under paragraph (1). 

23 ‘‘(3) WRITTEN COMPLAINTS.— 

24 ‘‘(A) IN GENERAL.—If the Commission has 

25 reason to believe that an Indian tribe or a party 


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1 to a gaming-related contract may be subject to 

2 a penalty under paragraph (1), the final closure 

3 of an Indian gaming activity, or a modification 

4 or termination order relating to the gaming-re5 lated contract, the Chairman shall provide to 

6 the Indian tribe or party a written complaint, 

7 including— 

8 ‘‘(i) a description of any act or omis9 sion that is the basis of the belief of the 

10 Commission; and 

11 ‘‘(ii) a description of any action being 

12 considered by the Commission relating to 

13 the act or omission. 

14 ‘‘(B) REQUIREMENTS.—A written com15 plaint under subparagraph (A)— 

16 ‘‘(i) shall be written in common and 

17 concise language; 

18 ‘‘(ii) shall identify any statutory or 

19 regulatory provision relating to an alleged 

20 violation by the Indian tribe or party; and 

21 ‘‘(iii) shall not be written only in stat22 utory or regulatory language.’’; 

23 (2) in subsection (b)— 

24 (A) by striking ‘‘(b)(1) The Chairman’’ 

25 and inserting the following: 


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1 ‘‘(b) TEMPORARY CLOSURES.— 

2 ‘‘(1) IN GENERAL.—The Chairman’’; 

3 (B) in paragraph (1)— 

4 (i) by striking ‘‘Indian game’’ and in5 serting ‘‘Indian gaming activity, or any 

6 part of such a gaming activity,’’; and 

7 (ii) by striking ‘‘section 11 or 13 of 

8 this Act’’ and inserting ‘‘section 11 or 13’’; 

9 and 

10 (C) in paragraph (2)— 

11 (i) by striking ‘‘(2) Not later than 

12 thirty’’ and inserting the following: 

13 ‘‘(2) HEARINGS.— 

14 ‘‘(A) IN GENERAL.—Not later than 30’’; 

15 (ii) in subparagraph (A) (as desig16 nating by clause (i))— 

17 (I) by striking ‘‘management con18 tractor’’ and inserting ‘‘party to a 

19 gaming-related contract’’; and 

20 (II) by striking ‘‘permanent’’ and 

21 inserting ‘‘final’’; and 

22 (iii) in the second sentence— 

23 (I) by striking ‘‘Not later than 

24 sixty’’ and inserting the following: 


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1 ‘‘(B) DETERMINATION OF COMMISSION.— 

2 Not later than 60’’; and 

3 (II) by striking ‘‘permanent’’ and 

4 inserting ‘‘final’’; 

5 (3) in subsection (c), by striking ‘‘(c) A deci6 sion’’ and inserting the following: 

7 ‘‘(c) APPEAL OF FINAL DETERMINATIONS.—A deter8 mination’’; and 

9 (4) in subsection (d), by striking ‘‘(d) Nothing’’ 

10 and inserting the following: 

11 ‘‘(d) EFFECT ON REGULATORY AUTHORITY OF IN12 DIAN TRIBES.—Nothing’’. 

13 SEC. 10. GAMING ON LATER-ACQUIRED LAND. 

14 Section 20(b) of the Indian Gaming Regulatory Act 

15 (25 U.S.C. 2719(b)) is amended— 

16 (1) in paragraph (1)— 

17 (A) in subparagraph (A), by striking ‘‘ (A) 

18 the Secretary, after consultation’’ and inserting 

19 the following: 

20 ‘‘(A)(i) before November 18, 2005, the Sec21 retary reviewed, or was in the process of reviewing, 

22 at the Central Office of the Bureau of Indian Af23 fairs, Washington, DC, the petition of an Indian 

24 tribe to have land taken into trust for purposes of 

25 gaming under this Act; and 


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1 ‘‘(ii) the Secretary, after consultation’’; and 

2 (B) in subparagraph (B)— 

3 (i) in clause (i), by striking the 

4 comma at the end and inserting the fol5 lowing: ‘‘under Federal statutory law, if 

6 the land is within a State in which is lo7 cated— 

8 ‘‘(I) the reservation of such Indian 

9 tribe; or 

10 ‘‘(II) the last recognized reservation 

11 of such Indian tribe;’’; 

12 (ii) in clause (ii), by striking ‘‘, or’’ 

13 and inserting ‘‘if, as determined by the 

14 Secretary, the Indian tribe has a temporal, 

15 cultural, and geographic nexus to the land; 

16 or’’; and 

17 (iii) in clause (iii), by inserting before 

18 the period at the end the following: ‘‘if, as 

19 determined by the Secretary, the Indian 

20 tribe has a temporal, cultural, and geo21 graphic nexus to the land’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(4) EFFECT OF SUBSECTION.—Notwith24 standing any other provision of this subsection, land 

25 that, before the date of enactment of the Indian 


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1 Gaming Regulatory Act Amendments of 2005, was 

2 determined by the Secretary or the Chairman to be 

3 eligible to be used for purposes of gaming shall con4 tinue to be eligible for those purposes.’’. 

5 SEC. 11. CONFORMING AMENDMENT. 

6 (a) IN GENERAL.—Section 123(a)(2) of the Depart7 ment of the Interior and Related Agencies Appropriations 

8 Act, 1998 (Public Law 105–83; 111 Stat. 1566) is amend9 ed— 

10 (1) in subparagraph (A), by adding ‘‘and’’ at 

11 the end; 

12 (2) in subparagraph (B), by striking ‘‘; and’’ 

13 and inserting a period; and 

14 (3) by striking subparagraph (C). 

15 (b) APPLICABILITY.—Notwithstanding any other pro16 vision of law, section 18(a) of the Indian Gaming Regu17 latory Act (25 U.S.C. 2717(a)) shall apply to all Indian 

18 tribes. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Indian Gaming Regu21 latory Act Amendments of 2006’’. 

22 SEC. 2. DEFINITIONS. 

23 Section 4 of the Indian Gaming Regulatory Act (25 

24 U.S.C. 2703) is amended— 


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1 (1) by striking the section heading and all that 

2 follows through ‘‘For purposes of this Act—’’ and in3 serting the following: 

4 ‘‘SEC. 4. DEFINITIONS. 

5 ‘‘In this Act:’’; 

6 (2) in paragraph (7)(E), by striking ‘‘of the In7 dian Gaming Regulatory Act (25 U.S.C. 

8 2710(d)(3))’’; 

9 (3) by redesignating paragraphs (3), (4), (5), 

10 (6), (7), (8), (9), and (10) as paragraphs (6), (12), 

11 (13), (3), (4), (5), (15), and (17), respectively, and 

12 moving the paragraphs so as to appear in numerical 

13 order; 

14 (4) by inserting after paragraph (6) (as redesig15 nated by paragraph (3)) the following: 

16 ‘‘(7) CONSULTING CONTRACT.—The term ‘con17 sulting contract’ means any contract or subcontract 

18 between an Indian tribe and a gaming-related con19 tractor, or between a gaming-related contractor and a 

20 subcontractor, that provides for advising or consulting 

21 with a person that exercises management over all or 

22 a significant part of a gaming operation, subject to 

23 such categorical exclusions as the Commission may 

24 establish, by regulation. 


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1 ‘‘(8) DEVELOPMENT CONTRACT.—The term ‘de2 velopment contract’ means any contract or sub3 contract between an Indian tribe and a gaming-re4 lated contractor, or between a gaming-related con5 tractor and a subcontractor, that provides for the de6 velopment or construction of a facility to be used for 

7 an Indian gaming activity, subject to such categorical 

8 exclusions as the Commission may establish, by regu9 lation. 

10 ‘‘(9) FINANCING CONTRACT.— 

11 ‘‘(A) IN GENERAL.—The term ‘financing 

12 contract’ means any contract or subcontract be13 tween an Indian tribe and a gaming-related con14 tractor, or between a gaming-related contractor 

15 and a subcontractor— 

16 ‘‘(i) that is not a management con17 tract, a consulting contract, a development 

18 contract, or a participation contract; 

19 ‘‘(ii) pursuant to which a gaming-re20 lated contractor or subcontractor provides 

21 services or property of any kind, or financ22 ing of any nature, to be used for an Indian 

23 gaming activity; and 


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1 ‘‘(iii) for compensation (including in2 terest and fees), denominated in any man3 ner— 

4 ‘‘(I) of more than $250,000 dur5 ing the term of the contract or sub6 contract (as periodically adjusted for 

7 inflation in accordance with rules 

8 adopted by the Commission); and 

9 ‘‘(II) that is provided by— 

10 ‘‘(aa) loan; 

11 ‘‘(bb) lease; or 

12 ‘‘(cc) deferred payments. 

13 ‘‘(B) EXCLUSIONS.—The term ‘financing 

14 contract’ does not include— 

15 ‘‘(i) a contract or agreement between 

16 an Indian tribe and— 

17 ‘‘(I) a federally-chartered or 

18 State-chartered bank; 

19 ‘‘(II) another Indian tribe; 

20 ‘‘(III) another Indian tribe, or a 

21 State, pursuant to a Tribal-State com22 pact; or 

23 ‘‘(IV) an entity that is— 


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1 ‘‘(aa) regulated by the Secu2 rities and Exchange Commission; 

3 or 

4 ‘‘(bb) wholly owned, directly 

5 or indirectly, by an entity that is 

6 regulated by the Securities and 

7 Exchange Commission; 

8 ‘‘(ii) a contract or agreement that is 

9 subject to the Securities Exchange Act of 

10 1934 (15 U.S.C. 78a et seq.); or 

11 ‘‘(iii) any other agreement or contract 

12 that the Commission, by regulation, deter13 mines should be categorically excluded from 

14 consideration as a financing contract. 

15 ‘‘(10) GAMING-RELATED CONTRACT.—The term 

16 ‘gaming-related contract’ means any management 

17 contract, consulting contract, development contract, 

18 financing contract, participation contract, or other 

19 agreement determined by the Commission pursuant to 

20 a rulemaking under section 7 to be subject to the re21 quirements of section 12, and any collateral agree22 ment related to any of the foregoing. 

23 ‘‘(11) GAMING-RELATED CONTRACTOR.—The 

24 term ‘gaming-related contractor’ means an entity or 

25 person, including an individual who is an officer, or 


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1 who serves on the board of directors, of an entity, or 

2 a stockholder that directly or indirectly holds at least 

3 5 percent of the issued and outstanding stock of an 

4 entity, that enters into a gaming-related contract 

5 with— 

6 ‘‘(A) an Indian tribe; or 

7 ‘‘(B) an agent of an Indian tribe.’’; 

8 (5) by inserting after paragraph (13) (as redes9 ignated by paragraph (3)) the following: 

10 ‘‘(14) MANAGEMENT CONTRACT.— 

11 ‘‘(A) IN GENERAL.—The term ‘management 

12 contract’ means any contract or subcontract be13 tween an Indian tribe and a gaming-related con14 tractor, or between a gaming-related contractor 

15 and a subcontractor, that provides for the man16 agement of all or a part of a gaming operation, 

17 subject to such categorical exclusions as the Com18 mission may establish, by regulation. 

19 ‘‘(B) EXCLUSION.—The term ‘management 

20 contract’ does not include a personal employ21 ment contract under which compensation is not 

22 based on a percentage of the revenues or profit 

23 increases of an Indian gaming activity or a pro24 spective Indian gaming activity.’’; and 


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1 (6) by inserting after paragraph (15) (as redes2 ignated by paragraph (3)) the following: 

3 ‘‘(16) PARTICIPATION CONTRACT.—The term 

4 ‘participation contract’ means any contract or sub5 contract between an Indian tribe and a gaming-re6 lated contractor, or between a gaming-related con7 tractor and a subcontractor, under which compensa8 tion to the gaming-related contractor or subcontractor 

9 is based, in whole or in part, on a percentage of the 

10 revenues or profit increases of an Indian gaming ac11 tivity or a prospective Indian gaming activity, sub12 ject to such categorical exclusions as the Commission 

13 may establish, by regulation.’’. 

14 SEC. 3. NATIONAL INDIAN GAMING COMMISSION. 

15 Section 5 of the Indian Gaming Regulatory Act (25 

16 U.S.C. 2704) is amended— 

17 (1) in subsection (c)— 

18 (A) by striking ‘‘(c) Vacancies’’ and insert19 ing the following: 

20 ‘‘(c) VACANCIES.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), a vacancy’’; 

23 (B) by striking the second sentence and in24 serting the following: 


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1 ‘‘(3) EXPIRATION OF TERM.—Unless a member 

2 has been removed for cause under subsection (b)(6), 

3 the member may— 

4 ‘‘(A) serve after the expiration of the term 

5 of office of the member until a successor is ap6 pointed; or 

7 ‘‘(B) be reappointed to serve on the Com8 mission.’’; and 

9 (C) by inserting after paragraph (1) (as 

10 designated by subparagraph (A)) the following: 

11 ‘‘(2) VICE CHAIRMAN.—The Vice Chairman shall 

12 act as Chairman in the absence or disability of the 

13 Chairman.’’; and 

14 (2) in subsection (e), in the second sentence, by 

15 inserting ‘‘or disability’’ after ‘‘in the absence’’. 

16 SEC. 4. POWERS OF THE CHAIRMAN. 

17 Section 6 of the Indian Gaming Regulatory Act (25 

18 U.S.C. 2705) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (3), by striking ‘‘and’’ at 

21 the end; 

22 (B) by striking paragraph (4) and inserting 

23 the following: 


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1 ‘‘(4) approve gaming-related contracts for class 

2 II gaming and class III gaming under section 12; 

3 and’’; and 

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

5 ‘‘(5) conduct a background investigation and 

6 make a determination with respect to the suitability 

7 of a gaming-related contractor, as the Chairman de8 termines to be appropriate.’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(c) DELEGATION OF AUTHORITY.— 

11 ‘‘(1) IN GENERAL.—The Chairman may delegate 

12 any authority under this section to any member of 

13 the Commission, as the Chairman determines to be 

14 appropriate. 

15 ‘‘(2) REQUIREMENT.—In carrying out an activ16 ity pursuant to a delegation under paragraph (1), a 

17 member of the Commission shall be subject to, and act 

18 in accordance with— 

19 ‘‘(A) the general policies formally adopted 

20 by the Commission; and 

21 ‘‘(B) the regulatory decisions, findings, and 

22 determinations of the Commission pursuant to 

23 Federal law.’’. 


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1 SEC. 5. POWERS OF THE COMMISSION. 

2 (a) IN GENERAL.—Section 7(b) of the Indian Gaming 

3 Regulatory Act (25 U.S.C. 2706(b)) is amended— 

4 (1) in paragraphs (1) and (4), by inserting ‘‘and 

5 class III gaming’’ after ‘‘class II gaming’’ each place 

6 it appears; 

7 (2) in paragraph (2), by inserting ‘‘or class III 

8 gaming’’ after ‘‘class II gaming’’; and 

9 (3) by striking paragraph (10) and inserting the 

10 following: 

11 ‘‘(10) shall promulgate such regulations and 

12 guidelines as the Commission determines to be appro13 priate to implement this Act, including— 

14 ‘‘(A) regulations addressing minimum in15 ternal control standards for class II gaming and 

16 class III gaming activities; and 

17 ‘‘(B) regulations determining categories of 

18 contracts for goods and services directly relating 

19 to tribal gaming activities that shall be— 

20 ‘‘(i) considered to be gaming-related 

21 contracts; and 

22 ‘‘(ii) subject to the requirements of sec23 tion 12.’’. 

24 (b) REPORTING OF TRIBAL-LEVEL GAMING REVE25 NUES.—Section 7 of the Indian Gaming Regulatory Act (25 

26 U.S.C. 2706) is amended by adding at the end the following: 


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1 ‘‘(c) REPORTING OF TRIBAL-LEVEL GAMING REVE2 NUES.—Not less frequently than once each year— 

3 ‘‘(1) the Commission shall submit to the Sec4 retary a report describing the aggregate revenues of 

5 the tribal-level gaming activities of each Indian tribe; 

6 and 

7 ‘‘(2) the Secretary, in consultation with affected 

8 Indian tribes, shall promulgate regulations under 

9 which information contained in a report under para10 graph (1) regarding each Indian tribe shall be made 

11 available to the members of the Indian tribe, as the 

12 Secretary determines to be consistent with the pur13 poses of this subsection.’’. 

14 SEC. 6. COMMISSION STAFFING. 

15 (a) GENERAL COUNSEL.—Section 8(a) of the Indian 

16 Gaming Regulatory Act (25 U.S.C. 2707(a)) is amended 

17 by striking ‘‘basic’’ and all that follows through the end of 

18 the subsection and inserting the following: ‘‘pay payable for 

19 level IV of the Executive Schedule under chapter 11 of title 

20 2, United States Code, as adjusted by section 5318 of title 

21 5, United States Code.’’. 

22 (b) OTHER STAFF.—Section 8(b) of the Indian Gam23 ing Regulatory Act (25 U.S.C. 2707(b)) is amended by 

24 striking ‘‘basic’’ and all that follows through the end of the 

25 subsection and inserting the following: ‘‘pay payable for 


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1 level IV of the Executive Schedule under chapter 11 of title 

2 2, United States Code, as adjusted by section 5318 of title 

3 5, United States Code.’’. 

4 (c) TEMPORARY AND INTERMITTENT SERVICES.—Sec5 tion 8(c) of the Indian Gaming Regulatory Act (25 U.S.C. 

6 2707(c)) is amended by striking ‘‘basic’’ and all that follows 

7 through the end of the subsection and inserting the fol8 lowing: ‘‘pay payable for level IV of the Executive Schedule 

9 under chapter 11 of title 2, United States Code, as adjusted 

10 by section 5318 of title 5, United States Code.’’. 

11 SEC. 7. TRIBAL GAMING ORDINANCES. 

12 Section 11 of the Indian Gaming Regulatory Act (25 

13 U.S.C. 2710) is amended— 

14 (1) in subsection (b)— 

15 (A) in paragraph (1)(A), by striking ‘‘, 

16 and’’ and inserting ‘‘; and’’; 

17 (B) in paragraph (2)(F)— 

18 (i) by striking clause (i) and inserting 

19 the following: 

20 ‘‘(i) ensures that background investigations 

21 and ongoing oversight activities are conducted 

22 with respect to— 

23 ‘‘(I) tribal gaming commissioners and 

24 key tribal gaming commission employees, as 

25 determined by the Chairman; 


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1 ‘‘(II) primary management officials 

2 and other key employees of the gaming en3 terprise, as determined by the Chairman; 

4 and 

5 ‘‘(III) persons that provide goods or 

6 services directly relating to the tribal gam7 ing activity; and’’; and 

8 (ii) in clause (ii)(I), by striking ‘‘pri9 mary’’ and all that follows through ‘‘with’’ 

10 and inserting ‘‘the individuals and entities 

11 described in subclauses (II) and (III) of 

12 clause (i), including’’; and 

13 (C) in paragraph (4)(B)(i)— 

14 (i) in subclause (I), by striking ‘‘of the 

15 Act,’’ and inserting a semicolon; 

16 (ii) in subclause (II), by striking ‘‘of 

17 this subsection’’ and inserting a semicolon; 

18 (iii) in subclause (III), by striking ‘‘, 

19 and’’ and inserting ‘‘; and’’; and 

20 (iv) in subclause (IV), by striking ‘‘Na21 tional Indian Gaming’’; 

22 (2) in subsection (d)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A)— 


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1 (I) in clause (i), by striking 

2 ‘‘lands,’’ and inserting ‘‘lands;’’; 

3 (II) in clause (ii), by striking ‘‘, 

4 and’’ and inserting ‘‘; and’’; and 

5 (III) in clause (iii), by striking 

6 the comma at the end and inserting a 

7 semicolon; and 

8 (ii) in subparagraph (B), by striking 

9 ‘‘, and’’ and inserting ‘‘; and’’; 

10 (B) in paragraph (2)— 

11 (i) in subparagraph (B)(i), by striking 

12 ‘‘, or’’ and inserting ‘‘; or’’; and 

13 (ii) in subparagraph (D)(iii)(I), by 

14 striking ‘‘, and’’ and inserting ‘‘; and’’; 

15 (C) in paragraph (7)(B)— 

16 (i) in clause (ii)(I), by striking ‘‘, 

17 and’’ and inserting ‘‘; and’’; 

18 (ii) in clause (iii)(I), by striking ‘‘, 

19 and’’ and inserting ‘‘; and’’; and 

20 (iii) in clause (vii)(I), by striking 

21 ‘‘State , and’’ and inserting ‘‘State; and’’; 

22 (D) in paragraph (8)(B)— 

23 (i) in clause (i), by striking the comma 

24 at the end and inserting a semicolon; and 


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1 (ii) in clause (ii), by striking ‘‘, or’’ 

2 and inserting ‘‘; or’’; and 

3 (E) by striking paragraph (9); and 

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

5 ‘‘(f) PROVISION OF INFORMATION TO CHAIRMAN.—Im6 mediately after approving a plan (including any amend7 ment, revision, or recision of any part of a plan) under 

8 subsection (b)(3), the Secretary shall provide to the Chair9 man— 

10 ‘‘(1) a notice of the approval; and 

11 ‘‘(2) the plan, and any information used by the 

12 Secretary in approving the plan.’’. 

13 SEC. 8. GAMING-RELATED CONTRACTS. 

14 Section 12 of the Indian Gaming Regulatory Act (25 

15 U.S.C. 2711) is amended to read as follows: 

16 ‘‘SEC. 12. GAMING-RELATED CONTRACTS. 

17 ‘‘(a) APPROVAL BY CHAIRMAN.— 

18 ‘‘(1) GAMING-RELATED CONTRACTS.—To be en19 forceable and valid, a gaming-related contract must 

20 be approved by the Chairman under subsection (b). 

21 ‘‘(2) GAMING-RELATED CONTRACTORS.—Each 

22 gaming-related contractor shall be subject to a suit23 ability determination by the Chairman under sub24 section (c). 


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1 ‘‘(3) FAILURE TO APPROVE.—For any gaming2 related contract that is not approved by the Chair3 man under subsection (b)— 

4 ‘‘(A) the gaming-related contract shall be 

5 void ab initio; and 

6 ‘‘(B) any party to the gaming-related con7 tract shall be subject to such civil penalties as the 

8 Chairman determines to be appropriate under 

9 section 14. 

10 ‘‘(b) CONTRACT REVIEW.— 

11 ‘‘(1) MINIMUM CONTRACT REQUIREMENTS.—A 

12 gaming-related contract under this Act shall provide, 

13 at a minimum, provisions relating to— 

14 ‘‘(A) accounting and reporting procedures, 

15 including, as appropriate, provisions relating to 

16 verifiable financial reports; 

17 ‘‘(B) the access required to ensure proper 

18 performance of the gaming-related contract, in19 cluding access to— 

20 ‘‘(i) the daily operations of the gaming 

21 activity; 

22 ‘‘(ii) real property relating to the gam23 ing activity; 

24 ‘‘(iii) equipment associated with the 

25 gaming activity; and 


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1 ‘‘(iv) any other tangible or intangible 

2 property used to carry out the gaming ac3 tivity; 

4 ‘‘(C) assurances of performance by each 

5 party to the gaming-related contract, as the 

6 Chairman determines to be necessary; 

7 ‘‘(D) the reasons for, and method of, termi8 nation of the gaming-related contract; and 

9 ‘‘(E) such other provisions as the Chairman 

10 determines to be necessary to ensure that the In11 dian tribe will receive the primary benefit as the 

12 sole proprietor of the gaming activity. 

13 ‘‘(2) TERM.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), the term of a gaming-related 

16 contract shall not exceed 5 years. 

17 ‘‘(B) EXCEPTIONS.— 

18 ‘‘(i) EXTRAORDINARY CIR19 CUMSTANCES.—Notwithstanding subpara20 graph (A), a gaming-related contract may 

21 have a term of not more than 7 years if the 

22 Chairman determines the term is appro23 priate, taking into consideration any ex24 traordinary circumstances relating to the 

25 gaming-related contract. 


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1 ‘‘(ii) FINANCING CONTRACTS.—The 

2 terms described in subparagraph (A) and 

3 clause (i) shall not apply to a financing 

4 contract. 

5 ‘‘(3) FEES.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the fee provided pursuant to 

8 a gaming-related contract shall not exceed an 

9 amount equal to 30 percent of the net revenues 

10 of the gaming operation that is the subject of the 

11 gaming-related contract. 

12 ‘‘(B) EXCEPTIONS.— 

13 ‘‘(i) EXTRAORDINARY CIR14 CUMSTANCES.—The fee provided pursuant 

15 to a gaming-related contract may be in an 

16 amount equal to not more than 40 percent 

17 of net revenues of the gaming operation that 

18 is the subject of the gaming-related contract 

19 if the Chairman determines that such a fee 

20 is appropriate, taking into consideration 

21 any extraordinary circumstances relating to 

22 the gaming-related contract. 

23 ‘‘(ii) FINANCING CONTRACTS.—The 

24 limitations described in subparagraph (A) 


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1 and clause (i) shall not apply to a financ2 ing contract. 

3 ‘‘(4) REQUIREMENTS FOR DISAPPROVAL.—The 

4 Chairman shall disapprove a gaming-related contract 

5 under this subsection if the Chairman determines 

6 that— 

7 ‘‘(A) the gaming-related contract fails to 

8 meet any requirement under paragraph (1), (2), 

9 or (3); 

10 ‘‘(B) a gaming-related contractor that is a 

11 party to the gaming-related contract is unsuit12 able under subsection (c); 

13 ‘‘(C) a gaming-related contractor or bene14 ficiary of the gaming-related contract— 

15 ‘‘(i) unduly interfered with or influ16 enced a decision or process of tribal govern17 ment relating to the gaming activity; or 

18 ‘‘(ii) deliberately or substantially failed 

19 to comply with a tribal gaming ordinance 

20 or resolution; 

21 ‘‘(D) the Indian tribe will not receive the 

22 primary benefit as the sole proprietor of the 

23 gaming activity; 

24 ‘‘(E) a trustee would not approve the gam25 ing-related contract because the compensation or 


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1 fees do not bear a reasonable relationship to the 

2 cost of the goods or benefit of the services pro3 vided; or 

4 ‘‘(F) a person or an Indian tribe would vio5 late a provision of this Act— 

6 ‘‘(i) on approval of the gaming-related 

7 contract; or 

8 ‘‘(ii) in carrying out the gaming-re9 lated contract. 

10 ‘‘(5) TIMELINES.— 

11 ‘‘(A) SUBMISSION OF GAMING-RELATED

12 CONTRACTS.—To be approved under this sub13 section, a gaming-related contract shall be sub14 mitted to the Chairman by the appropriate In15 dian tribe by not later than 30 days after the 

16 date on which the gaming-related contract is exe17 cuted. 

18 ‘‘(B) DETERMINATION OF CHAIRMAN.— 

19 ‘‘(i) IN GENERAL.—Subject to clause 

20 (ii), the Chairman shall approve or dis21 approve a management contract, a develop22 ment contract, a participation contract, or 

23 other gaming-related contract designated by 

24 the Chairman under section 7 by not later 

25 than 90 days after the date on which such 


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1 a contract is submitted under subparagraph 

2 (A). 

3 ‘‘(ii) FINANCING CONTRACTS AND CON4 SULTING CONTRACTS.—The Chairman shall 

5 approve or disapprove a financing contract 

6 or a consulting contract by not later than 

7 30 days after the date on which such a con8 tract is submitted under subparagraph (A). 

9 ‘‘(iii) EXTENSIONS.—The Chairman 

10 may extend a deadline under clause (i) or 

11 (ii) on approval of the Indian tribe that is 

12 party to the applicable contract. 

13 ‘‘(6) ADDITIONAL FACTORS FOR CONSIDER14 ATION.—In determining whether to approve a gam15 ing-related contract under this subsection, the Chair16 man may take into consideration any information re17 lating to the terms, parties, and beneficiaries of— 

18 ‘‘(A) the gaming-related contract; and 

19 ‘‘(B) any other agreement relating to the 

20 Indian gaming activity, as the Chairman deter21 mines to be appropriate. 

22 ‘‘(7) MODIFICATIONS.—Notwithstanding an ap23 proval of a gaming-related contract under this sub24 section, or a determination of suitability of a gaming25 related contractor under subsection (c), if the ChairVerDate Aug 31 2005 23:07 Jun 06, 2006 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 E:\BILLS\S2078.RS S2078

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1 man determines, based on information that was not 

2 disclosed at the time of the approval or determina3 tion, that a gaming-related contract violates this Act, 

4 or that a determination of suitability should not have 

5 been made, the Chairman, after providing notice and 

6 an opportunity for a hearing, may— 

7 ‘‘(A) require any modification of the gam8 ing-related contract that the Chairman deter9 mines to be necessary to comply with this Act; 

10 ‘‘(B) suspend performance under the gam11 ing-related contract; 

12 ‘‘(C) revoke a determination of suitability 

13 under subsection (c); or 

14 ‘‘(D) void the gaming-related contract. 

15 ‘‘(c) SUITABILITY DETERMINATIONS.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (4), a 

17 gaming-related contract shall not be approved under 

18 subsection (b) unless, on receipt of an application for 

19 a determination of suitability, the Chairman deter20 mines under this subsection that each applicable gam21 ing-related contractor is suitable. 

22 ‘‘(2) STANDARD.—The Chairman, by regulation, 

23 shall establish a suitability standard under which a 

24 gaming-related contractor shall not be considered to 


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1 be suitable under this subsection if, as determined by 

2 the Chairman— 

3 ‘‘(A) the gaming-related contractor— 

4 ‘‘(i) is an elected member of the gov5 erning body of an Indian tribe that is a 

6 party to an applicable gaming-related con7 tract; 

8 ‘‘(ii) at any time, was convicted of any 

9 felony or gaming offense; or 

10 ‘‘(iii)(I) has knowingly and willfully 

11 provided materially important false state12 ments or information to the Commission or 

13 the Indian tribe under this Act; or 

14 ‘‘(II) has refused to provide informa15 tion requested by the Commission under 

16 this Act; or 

17 ‘‘(B) the prior activities, criminal record (if 

18 any), reputation, habits, or associations of the 

19 gaming-related contractor— 

20 ‘‘(i) pose a threat to— 

21 ‘‘(I) the public interest; or 

22 ‘‘(II) the effective regulation of 

23 gaming; or 


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1 ‘‘(ii) create or enhance the risk of un2 suitable, unfair, or illegal practices, meth3 ods, or activities with respect to— 

4 ‘‘(I) a gaming activity; or 

5 ‘‘(II) the operation of a gaming 

6 facility. 

7 ‘‘(3) AGREEMENTS WITH INDIAN TRIBES.—In 

8 carrying out this subsection, the Chairman may enter 

9 into a contract with any Indian tribe— 

10 ‘‘(A) to conduct a background investigation 

11 of a gaming-related contractor; 

12 ‘‘(B) to assist in determining the suitability 

13 of a gaming-related contractor; or 

14 ‘‘(C) to facilitate tribal licensing of a person 

15 that provides goods or services directly relating 

16 to the tribal gaming activity or a gaming-related 

17 contractor in accordance with the standard es18 tablished under paragraph (2). 

19 ‘‘(4) ALTERNATIVE DETERMINATIONS AND EX20 CLUSIONS.—The Commission, by regulation, may es21 tablish, as the Commission determines to be appro22 priate— 

23 ‘‘(A) alternative methods of determining 

24 suitability; and 


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1 ‘‘(B) categorical exclusions for persons or 

2 entities that are subject to licensing or suit3 ability determinations by— 

4 ‘‘(i) a Federal, State, or tribal agency; 

5 or 

6 ‘‘(ii) a professional association. 

7 ‘‘(5) REGISTRY.—The Chairman shall establish 

8 and maintain a registry of— 

9 ‘‘(A) each suitability determination made 

10 under this subsection; and 

11 ‘‘(B) each suitability determination of an 

12 Indian tribe provided under section 11. 

13 ‘‘(6) RESPONSIBILITY OF GAMING-RELATED CON14 TRACTOR.—A gaming-related contractor shall— 

15 ‘‘(A) pay the costs of any investigation ac16 tivity of the Chairman in carrying out this sub17 section; and 

18 ‘‘(B) provide to the Chairman a notice of 

19 any change in information provided during an 

20 investigation on discovery of the change 

21 ‘‘(d) CONVEYANCE OF REAL PROPERTY.—No gaming22 related contract under this Act shall transfer or otherwise 

23 convey any interest in land or other real property unless 

24 the transfer or conveyance— 

25 ‘‘(1) is authorized under law; and 


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1 ‘‘(2) is specifically described in the gaming-re2 lated contract. 

3 ‘‘(e) CONTRACT AUTHORITY.—The authority of the 

4 Secretary under section 2103 of the Revised Statutes (25 

5 U.S.C. 81) relating to contracts under this Act is trans6 ferred to the Commission. 

7 ‘‘(f) NO EFFECT ON TRIBAL AUTHORITY.—This section 

8 does not expand, limit, or otherwise affect the authority of 

9 any Indian tribe or any party to a Tribal-State compact 

10 to investigate, license, or impose a fee on a gaming-related 

11 contractor. 

12 ‘‘(g) APPEALS.—The Chairman, by regulation, shall 

13 provide an opportunity for an appeal, conducted through 

14 a hearing before the Commission, of any determination of 

15 the Chairman under this section by not later than 30 days 

16 after the date on which the determination is made. 

17 ‘‘(h) EMERGENCY WAIVERS.—The Chairman may pro18 mulgate regulations providing for a waiver of any require19 ment under this section because of— 

20 ‘‘(1) an emergency; or 

21 ‘‘(2) an imminent threat to the public health or 

22 safety.’’. 

23 SEC. 9. CIVIL PENALTIES. 

24 Section 14 of the Indian Gaming Regulatory Act (25 

25 U.S.C. 2713) is amended— 


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1 (1) by striking the section designation and head2 ing and all that follows through subsection (a) and 

3 inserting the following: 

4 ‘‘SEC. 14. CIVIL PENALTIES. 

5 ‘‘(a) PENALTIES.— 

6 ‘‘(1) VIOLATION OF ACT.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), an Indian tribe, individual, 

9 or entity that violates any provision of this Act 

10 (including any regulation of the Commission 

11 and any Indian tribal regulation, ordinance, or 

12 resolution approved under section 11 or 13) may 

13 be subject to, as the Chairman determines to be 

14 appropriate— 

15 ‘‘(i) an appropriate civil fine, in an 

16 amount not to exceed $25,000 per violation 

17 per day; or 

18 ‘‘(ii) an order of the Chairman for an 

19 accounting and disgorgement, including in20 terest. 

21 ‘‘(B) APPLICATION TO INDIAN TRIBES.— 

22 Subparagraph (A)(ii) shall not apply to any In23 dian tribe. 


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1 ‘‘(2) APPEALS.—The Chairman shall provide, by 

2 regulation, an opportunity to appeal a determination 

3 relating to a violation under paragraph (1). 

4 ‘‘(3) WRITTEN COMPLAINTS.— 

5 ‘‘(A) IN GENERAL.—If the Commission has 

6 reason to believe that an Indian tribe or a party 

7 to a gaming-related contract may be subject to a 

8 penalty under paragraph (1), the final closure of 

9 an Indian gaming activity, or a modification or 

10 termination order relating to the gaming-related 

11 contract, the Chairman shall provide to the In12 dian tribe or party a written complaint, includ13 ing— 

14 ‘‘(i) a description of any act or omis15 sion that is the basis of the belief of the 

16 Commission; and 

17 ‘‘(ii) a description of any action being 

18 considered by the Commission relating to 

19 the act or omission. 

20 ‘‘(B) REQUIREMENTS.—A written com21 plaint under subparagraph (A)— 

22 ‘‘(i) shall be written in common and 

23 concise language; 


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1 ‘‘(ii) shall identify any statutory or 

2 regulatory provision relating to an alleged 

3 violation by the Indian tribe or party; and 

4 ‘‘(iii) shall not be written only in stat5 utory or regulatory language.’’; 

6 (2) in subsection (b)— 

7 (A) by striking ‘‘(b)(1) The Chairman’’ and 

8 inserting the following: 

9 ‘‘(b) TEMPORARY CLOSURES.— 

10 ‘‘(1) IN GENERAL.—The Chairman’’; 

11 (B) in paragraph (1)— 

12 (i) by striking ‘‘Indian game’’ and in13 serting ‘‘Indian gaming activity, or any 

14 part of such a gaming activity,’’; and 

15 (ii) by striking ‘‘section 11 or 13 of 

16 this Act’’ and inserting ‘‘section 11 or 13’’; 

17 and 

18 (C) in paragraph (2)— 

19 (i) by striking ‘‘(2) Not later than thir20 ty’’ and inserting the following: 

21 ‘‘(2) HEARINGS.— 

22 ‘‘(A) IN GENERAL.—Not later than 30’’; 

23 (ii) in subparagraph (A) (as desig24 nating by clause (i))— 


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1 (I) by striking ‘‘management con2 tractor’’ and inserting ‘‘party to a 

3 gaming-related contract’’; and 

4 (II) by striking ‘‘permanent’’ and 

5 inserting ‘‘final’’; and 

6 (iii) in the second sentence— 

7 (I) by striking ‘‘Not later than 

8 sixty’’ and inserting the following: 

9 ‘‘(B) DETERMINATION OF COMMISSION.— 

10 Not later than 60’’; and 

11 (II) by striking ‘‘permanent’’ and 

12 inserting ‘‘final’’; 

13 (3) in subsection (c), by striking ‘‘(c) A decision’’ 

14 and inserting the following: 

15 ‘‘(c) APPEAL OF FINAL DETERMINATIONS.—A deter16 mination’’; and 

17 (4) in subsection (d), by striking ‘‘(d) Nothing’’ 

18 and inserting the following: 

19 ‘‘(d) EFFECT ON REGULATORY AUTHORITY OF INDIAN

20 TRIBES.—Nothing’’. 

21 SEC. 10. GAMING ON LATER-ACQUIRED LAND. 

22 Section 20(b) of the Indian Gaming Regulatory Act 

23 (25 U.S.C. 2719(b)) is amended— 

24 (1) in paragraph (1)— 


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1 (A) in subparagraph (A), by striking ‘‘ (A) 

2 the Secretary, after consultation’’ and inserting 

3 the following: 

4 ‘‘(A)(i) before April 15, 2006, an Indian tribe 

5 has submitted to the Secretary a written request to 

6 have land deemed eligible for gaming under this sub7 paragraph; and 

8 ‘‘(ii) the Secretary, after consultation’’; and 

9 (B) in subparagraph (B)— 

10 (i) in clause (i), by striking the comma 

11 at the end and inserting the following: 

12 ‘‘under Federal statutory law, if the land is 

13 within a State in which is located— 

14 ‘‘(I) the reservation of such Indian 

15 tribe; or 

16 ‘‘(II) the last recognized reservation of 

17 such Indian tribe;’’; 

18 (ii) by striking clause (ii) and insert19 ing the following: 

20 ‘‘(ii) the initial reservation of an Indian 

21 tribe acknowledged by the Secretary pursuant to 

22 the Federal acknowledgment process, if— 

23 ‘‘(I) the Indian tribe has an historical 

24 and geographical nexus to the land, as de25 termined by the Secretary; and 


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1 ‘‘(II) after consultation with the In2 dian tribe and appropriate local and tribal 

3 officials, and after providing for public no4 tice and an opportunity to comment and a 

5 public hearing, the Secretary determines 

6 that a gaming establishment on the land— 

7 ‘‘(aa) would be in the best inter8 ests of the Indian tribe and members of 

9 the tribe; and 

10 ‘‘(bb) would not create significant, 

11 unmitigated impacts on the sur12 rounding community; or’’; and 

13 (iii) by striking clause (iii) and insert14 ing the following: 

15 ‘‘(iii) the restoration of land for an Indian 

16 tribe that is restored to Federal recognition, if— 

17 ‘‘(I) the Indian tribe has an historical 

18 and geographical nexus to the land, as de19 termined by the Secretary; 

20 ‘‘(II) a temporal connection exists be21 tween the acquisition of the land and the 

22 date of recognition of the tribe, as deter23 mined by the Secretary; and 

24 ‘‘(III) after consultation with the In25 dian tribe and appropriate local and tribal 


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1 officials, and after providing for public no2 tice and an opportunity to comment and a 

3 public hearing, the Secretary determines 

4 that a gaming establishment on the land— 

5 ‘‘(aa) would be in the best inter6 ests of the Indian tribe and members of 

7 the tribe; and 

8 ‘‘(bb) would not create significant, 

9 unmitigated impacts on the sur10 rounding community.’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 

13 subsection affects the validity of any determination 

14 regarding the eligibility of land for gaming made by 

15 the Secretary or Chairman before the date of enact16 ment of this paragraph.’’. 

17 SEC. 11. CONSULTATION POLICY. 

18 The Indian Gaming Regulatory Act (25 U.S.C. 2701 

19 et seq.) is amended by adding at the end the following: 

20 ‘‘SEC. 25. CONSULTATION POLICY. 

21 ‘‘In promulgating rules and regulations pursuant to 

22 this Act, the Commission shall establish and maintain a 

23 policy of consultation with Indian tribes in accordance with 

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1 ernment relationship that exists between Indian tribes and 

2 the Federal Government.’’. 

3 SEC. 12. IMPLEMENTATION. 

4 The Indian Gaming Regulatory Act (25 U.S.C. 2701 

5 et seq.) (as amended by section 11) is amended by adding 

6 at the end the following: 

7 ‘‘SEC. 26. IMPLEMENTATION. 

8 ‘‘(a) RULES AND REGULATIONS.—Not later than 2 

9 years after the date of enactment of this section, the Com10 mission, in consultation with Indian tribes, shall promul11 gate rules and regulations implementing new definitions, 

12 authorities, responsibilities, and restrictions in accordance 

13 with the Indian Gaming Regulatory Act Amendments of 

14 2006. 

15 ‘‘(b) REPORT.—Not later than 1 year after the date 

16 of enactment of this section, the Commission shall submit 

17 to the Committee on Indian Affairs of the Senate and the 

18 Committee on Resources of the House of Representatives a 

19 report describing the status of the promulgation of rules and 

20 regulations pursuant to subsection (a). 

21 ‘‘(c) GAMING-RELATED CONTRACTS.— 

22 ‘‘(1) EFFECTIVE DATE.—With respect to gaming23 related contracts other than management contracts, 

24 section 12 shall not take effect until the date on which 


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1 rules and regulations implementing that section are 

2 promulgated pursuant to subsection (a). 

3 ‘‘(2) EFFECT ON EXISTING GAMING-RELATED

4 CONTRACTS.—Notwithstanding section 12, a gaming5 related contract entered into before the date of enact6 ment of this section that is not approved by the 

7 Chairman shall be valid. 

8 ‘‘(d) EFFECT ON EXISTING REGULATIONS.—Nothing 

9 in this section prohibits, limits, or restricts the Commission 

10 from— 

11 ‘‘(1) applying any regulation in effect on the 

12 date of enactment of this section that is not incon13 sistent with this Act; 

14 ‘‘(2) amending any regulation; or 

15 ‘‘(3) adopting any new regulation.’’. 

16 SEC. 13. CONFORMING AMENDMENT. 

17 (a) IN GENERAL.—Section 123(a)(2) of the Depart18 ment of the Interior and Related Agencies Appropriations 

19 Act, 1998 (Public Law 105–83; 111 Stat. 1566) is amend20 ed— 

21 (1) in subparagraph (A), by adding ‘‘and’’ at the 

22 end; 

23 (2) in subparagraph (B), by striking ‘‘; and’’ 

24 and inserting a period; and 

25 (3) by striking subparagraph (C). 


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1 (b) APPLICABILITY.—Notwithstanding any other pro2 vision of law, section 18(a) of the Indian Gaming Regu3 latory Act (25 U.S.C. 2717(a)) shall apply to all Indian 

4 tribes. 


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Calendar No. 466 

109TH CONGRESS 

2D SESSION S. 2078 

[Report No. 109

–261] 

A BILL 

To amend the Indian Gaming Regulatory Act to 

purposes. limit the lands eligible for gaming, and for other ing Commission to regulate class III gaming, to clarify the authority of the National Indian GamJUNE 6, 2006 

Reported with an amendment 


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