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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2078 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 2078

 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

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Gaming Regulatory Act 
Amendments of 2005''.

SEC. 2. DEFINITIONS.

    Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703) is 
amended--
            (1) in paragraph (7)(E), by striking ``of the Indian Gaming 
        Regulatory Act (25 U.S.C. 2710(d)(3))''; and
            (2) by adding at the end the following:
            ``(11) Gaming-related contract.--The term `gaming-related 
        contract' means--
                    ``(A) a contract or other agreement relating to the 
                management and operation of an Indian tribal gaming 
                activity, including a contract for services under which 
                the gaming-related contractor--
                            ``(i) exercises material control over the 
                        gaming activity (or any part of the gaming 
                        activity); or
                            ``(ii) advises or consults with a person 
                        that exercises material control over the gaming 
                        activity (or any part of the gaming activity);
                    ``(B) an agreement relating to the development or 
                construction of a facility to be used for an Indian 
                tribal gaming activity (including a facility that is 
                ancillary to such an activity) the cost of which is 
                greater than $250,000; or
                    ``(C) an agreement that provides for compensation 
                or fees based on a percentage of the net revenues of an 
                Indian tribal gaming activity.
            ``(12) Gaming-related contractor.--The term `gaming-related 
        contractor' means an entity or an individual, including an 
        individual who is an officer, or who serves on the board of 
        directors, of an entity, or a stockholder that directly or 
        indirectly holds at least 5 percent of the issued and 
        outstanding stock of an entity, that enters into a gaming-
        related contract with--
                    ``(A) an Indian tribe; or
                    ``(B) an agent of an Indian tribe.
            ``(13) Material control.--The term `material control', with 
        respect to a gaming activity, means the exercise of authority 
        or supervision over a matter that substantially affects a 
        financial or management aspect of an Indian tribal gaming 
        activity.''.

SEC. 3. NATIONAL INDIAN GAMING COMMISSION.

    Section 5 of the Indian Gaming Regulatory Act (25 U.S.C. 2704) is 
amended--
            (1) in subsection (c)--
                    (A) by striking ``(c) Vacancies'' and inserting the 
                following:
    ``(c) Vacancies.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        vacancy'';
                    (B) by striking the second sentence and inserting 
                the following:
            ``(3) Expiration of term.--Unless a member has been removed 
        for cause under subsection (b)(6), the member may--
                    ``(A) serve after the expiration of the term of 
                office of the member until a successor is appointed; or
                    ``(B) be reappointed to serve on the Commission.''; 
                and
                    (C) by inserting after paragraph (1) (as designated 
                by subparagraph (A)) the following:
            ``(2) Vice chairman.--The Vice Chairman shall act as 
        Chairman in the absence or disability of the Chairman.''; and
            (2) in subsection (e), in the second sentence, by inserting 
        ``or disability'' after ``in the absence''.

SEC. 4. POWERS OF THE CHAIRMAN.

    Section 6 of the Indian Gaming Regulatory Act (25 U.S.C. 2705) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) by striking paragraph (4) and inserting the 
                following:
            ``(4) approve gaming-related contracts for class II gaming 
        and class III gaming under section 12; and''; and
                    (C) by adding at the end the following:
            ``(5) conduct a background investigation and make a 
        determination with respect to the suitability of a gaming-
        related contractor, as the Chairman determines to be 
        appropriate.''; and
            (2) by adding at the end the following:
    ``(c) Delegation of Authority.--
            ``(1) In general.--The Chairman may delegate any authority 
        under this section to any member of the Commission, as the 
        Chairman determines to be appropriate.
            ``(2) Requirement.--In carrying out an activity pursuant to 
        a delegation under paragraph (1), a member of the Commission 
        shall be subject to, and act in accordance with--
                    ``(A) the general policies formally adopted by the 
                Commission; and
                    ``(B) the regulatory decisions, findings, and 
                determinations of the Commission pursuant to Federal 
                law.''.

SEC. 5. POWERS OF THE COMMISSION.

    Section 7(b) of the Indian Gaming Regulatory Act (25 U.S.C. 
2706(b)) is amended--
            (1) in paragraphs (1) and (4), by inserting ``and class III 
        gaming'' after ``class II gaming'' each place it appears;
            (2) in paragraph (2), by inserting ``or class III gaming'' 
        after ``class II gaming''; and
            (3) in paragraph (10), by inserting ``, including 
        regulations addressing minimum internal control standards for 
        class II gaming and class III gaming activities'' before the 
        period at the end.

SEC. 6. COMMISSION STAFFING.

    (a) General Counsel.--Section 8(a) of the Indian Gaming Regulatory 
Act (25 U.S.C. 2707(a)) is amended by striking ``basic'' and all that 
follows through the end of the subsection and inserting the following: 
``pay payable for level IV of the Executive Schedule under chapter 11 
of title 2, United States Code, as adjusted by section 5318 of title 5, 
United States Code.''.
    (b) Other Staff.--Section 8(b) of the Indian Gaming Regulatory Act 
(25 U.S.C. 2707(b)) is amended by striking ``basic'' and all that 
follows through the end of the subsection and inserting the following: 
``pay payable for level IV of the Executive Schedule under chapter 11 
of title 2, United States Code, as adjusted by section 5318 of title 5, 
United States Code.''.
    (c) Temporary and Intermittent Services.--Section 8(c) of the 
Indian Gaming Regulatory Act (25 U.S.C. 2707(c)) is amended by striking 
``basic'' and all that follows through the end of the subsection and 
inserting the following: ``pay payable for level IV of the Executive 
Schedule under chapter 11 of title 2, United States Code, as adjusted 
by section 5318 of title 5, United States Code.''.

SEC. 7. TRIBAL GAMING ORDINANCES.

    Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``, and'' and 
                inserting ``; and'';
                    (B) in paragraph (2)(F)--
                            (i) by striking clause (i) and inserting 
                        the following:
                    ``(i) ensures that background investigations and 
                ongoing oversight activities are conducted with respect 
                to--
                            ``(I) tribal gaming commissioners and key 
                        tribal gaming commission employees, as 
                        determined by the Chairman;
                            ``(II) primary management officials and 
                        other key employees of the gaming enterprise, 
                        as determined by the Chairman; and
                            ``(III) any person that is a party to a 
                        gaming-related contract; and''; and
                            (ii) in clause (ii)(I), by striking 
                        ``primary'' and all that follows through 
                        ``with'' and inserting ``the individuals and 
                        entities described in clause (i), including'';
                    (C) in paragraph (3)--
                            (i) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (D) and (E), respectively; 
                        and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
            ``(B) the plan is approved by the Secretary after the 
        Secretary determines that--
                    ``(i) the plan is consistent with the uses 
                described in paragraph (2)(B);
                    ``(ii) the plan adequately addresses the purposes 
                described in clauses (i) and (iii) of paragraph (2)(B); 
                and
                    ``(iii) a per capita payment is a reasonable method 
                of providing for the general welfare of the Indian 
                tribe and the members of the Indian tribe;
            ``(C) the Secretary determines that the plan provides an 
        adequate mechanism for the monitoring and enforcement, by the 
        Secretary and the Chairman, of the compliance of the plan 
        (including any amendment, revision, or rescission of any part 
        of the plan);''; and
                    (D) in paragraph (4)(B)(i)--
                            (i) in subclause (I), by striking ``of the 
                        Act,'' and inserting a semicolon;
                            (ii) in subclause (II), by striking ``of 
                        this subsection'' and inserting a semicolon;
                            (iii) in subclause (III), by striking ``, 
                        and'' and inserting ``; and''; and
                            (iv) in subclause (IV), by striking 
                        ``National Indian Gaming'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by striking 
                                ``lands,'' and inserting ``lands;'';
                                    (II) in clause (ii), by striking 
                                ``, and'' and inserting ``; and''; and
                                    (III) in clause (iii), by striking 
                                the comma at the end and inserting a 
                                semicolon; and
                            (ii) in subparagraph (B), by striking ``, 
                        and'' and inserting ``; and'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (B)(i), by striking ``, 
                        or'' and inserting ``; or''; and
                            (ii) in subparagraph (D)(iii)(I), by 
                        striking ``, and'' and inserting ``; and'';
                    (C) in paragraph (7)(B)--
                            (i) in clause (ii)(I), by striking ``, 
                        and'' and inserting ``; and'';
                            (ii) in clause (iii)(I), by striking ``, 
                        and'' and inserting ``; and''; and
                            (iii) in clause (vii)(I), by striking ``, 
                        and'' and inserting ``; and'';
                    (D) in paragraph (8)(B)--
                            (i) in clause (i), by striking the comma at 
                        the end and inserting a semicolon; and
                            (ii) in clause (ii), by striking ``, or'' 
                        and inserting ``; or''; and
                    (E) by striking paragraph (9); and
            (3) by adding at the end the following:
    ``(f) Provision of Information to Chairman.--Immediately after 
approving a plan (including any amendment, revision, or recision of any 
part of a plan) under subsection (b)(3), the Secretary shall provide to 
the Chairman--
            ``(1) a notice of the approval; and
            ``(2) any information used by the Secretary in approving 
        the plan.''.

SEC. 8. GAMING-RELATED CONTRACTS.

    Section 12 of the Indian Gaming Regulatory Act (25 U.S.C. 2711) is 
amended to read as follows:

``SEC. 12. GAMING-RELATED CONTRACTS.

    ``(a) In General.--To be enforceable under this Act, a gaming-
related contract shall be--
            ``(1) in writing; and
            ``(2) approved by the Chairman under subsection (c).
    ``(b) Contract Requirements.--
            ``(1) In general.--A gaming-related contract under this Act 
        shall provide for the Indian tribe, at a minimum, provisions 
        relating to--
                    ``(A) accounting and reporting procedures, 
                including, as appropriate, provisions relating to 
                verifiable financial reports;
                    ``(B) the access required to ensure proper 
                performance of the gaming-related contract, including 
                access to, with respect to a gaming activity--
                            ``(i) daily operations;
                            ``(ii) real property;
                            ``(iii) equipment; and
                            ``(iv) any other tangible or intangible 
                        property used to carry out the activity;
                    ``(C) assurance of performance of each party to the 
                gaming-related contract, including the provision of 
                bonds under subsection (d), as the Chairman determines 
                to be necessary; and
                    ``(D) the reasons for, and method of, terminating 
                the gaming-related contract.
            ``(2) Term.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term of a gaming-related contract 
                shall not exceed 5 years.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                a gaming-related contract may have a term of not to 
                exceed 7 years if--
                            ``(i) the Indian tribal party to the 
                        gaming-related contract submits to the Chairman 
                        a request for such a term; and
                            ``(ii) the Chairman determines that the 
                        term is appropriate, taking into consideration 
                        the circumstances of the gaming-related 
                        contract.
            ``(3) Fees.--
                    ``(A) In general.--Notwithstanding the payment 
                terms of a gaming-related contract, and except as 
                provided in subparagraph (B), the fee of a gaming-
                related contractor or beneficiary of a gaming-related 
                contract shall not exceed an amount equal to 30 percent 
                of the net revenues of the gaming operation that is the 
                subject of the gaming-related contract.
                    ``(B) Exception.--The fee of a gaming-related 
                contractor or beneficiary of a gaming-related contract 
                may be in an amount equal to not more than 40 percent 
                of the net revenues of the gaming operation that is the 
                subject of the gaming-related contract if the Chairman 
                determines that such a fee is appropriate, taking into 
                consideration the circumstances of the gaming-related 
                contract.
    ``(c) Approval by Chairman.--
            ``(1) Gaming-related contracts.--
                    ``(A) In general.--An Indian tribe shall submit 
                each gaming-related contract of the tribe to the 
                Chairman for approval by not later than the earlier 
                of--
                            ``(i) the date that is 90 days after the 
                        date on which the gaming-related contract is 
                        executed; or
                            ``(ii) the date that is 90 days before the 
                        date on which the gaming-related contract is 
                        scheduled to be completed.
                    ``(B) Factors for consideration.--In determining 
                whether to approve a gaming-related contract under this 
                subsection, the Chairman may take into consideration 
                any information relating to the terms, parties, and 
                beneficiaries of--
                            ``(i) the gaming-related contract; and
                            ``(ii) any other agreement relating to the 
                        Indian gaming activity, as determined by the 
                        Chairman.
                    ``(C) Deadline for determination.--
                            ``(i) In general.--The Chairman shall 
                        approve or disapprove a gaming-related contract 
                        under this subsection by not later than 90 days 
                        after the date on which the Chairman makes a 
                        determination regarding the suitability of each 
                        gaming-related contractor under paragraph (2).
                            ``(ii) Expedited review.--
                                    ``(I) In general.--If each gaming-
                                related contractor has been determined 
                                by the Chairman to be suitable under 
                                paragraph (2) on or before the date on 
                                which the gaming-related contract is 
                                submitted to the Chairman, the Chairman 
                                shall approve or disapprove the gaming-
                                related contract by not later than 30 
                                days after the date on which the 
                                gaming-related contract is submitted.
                                    ``(II) Failure to determine.--If 
                                the Chairman fails to make a 
                                determination by the date described in 
                                subclause (I), a gaming-related 
                                contract described in that subclause 
                                shall be considered to be approved.
                                    ``(III) Amendments.--The Chairman 
                                may require the parties to a gaming-
                                related contract considered to be 
                                approved under subclause (II) to amend 
                                the gaming-related contract, as the 
                                Chairman considers to be appropriate to 
                                meet the requirements under subsection 
                                (b).
                            ``(iii) Early operation.--
                                    ``(I) In general.--On approval of 
                                the Chairman under subclause (II), a 
                                gaming-related contract may be carried 
                                out before the date on which the 
                                gaming-related contract is approved by 
                                the Chairman under clause (i).
                                    ``(II) Approval by chairman.--The 
                                Chairman may approve the early 
                                operation of a gaming-related contract 
                                under subclause (I) if the Chairman 
                                determines that--
                                            ``(aa) adequate bonds have 
                                        been provided under paragraph 
                                        (2)(G)(iii) and subsection (d); 
                                        and
                                            ``(bb) the gaming-related 
                                        contract will be amended as the 
                                        Chairman considers to be 
                                        appropriate to meet the 
                                        requirements under subsection 
                                        (b).
                    ``(D) Requirements for disapproval.--The Chairman 
                shall disapprove a gaming-related contract under this 
                subsection if the Chairman determines that--
                            ``(i) the gaming-related contract fails to 
                        meet any requirement under subsection (b);
                            ``(ii) a gaming-related contractor is 
                        unsuitable under paragraph (2);
                            ``(iii) a gaming-related contractor or 
                        beneficiary of the gaming-related contract--
                                    ``(I) unduly interfered with or 
                                influenced, or attempted to interfere 
                                with or influence, a decision or 
                                process of an Indian tribal government 
                                relating to the gaming activity for the 
                                benefit of the gaming-related 
                                contractor or beneficiary; or
                                    ``(II) deliberately or 
                                substantially failed to comply with--
                                            ``(aa) the gaming-related 
                                        contract; or
                                            ``(bb) a tribal gaming 
                                        ordinance or resolution adopted 
                                        and approved pursuant to this 
                                        Act;
                            ``(iv) the Indian tribe with jurisdiction 
                        over the Indian lands on which the gaming 
                        activity is located will not receive the 
                        primary benefit as sole proprietor of the 
                        gaming activity, taking into consideration any 
                        agreement relating to the gaming activity;
                            ``(v) a trustee would disapprove the 
                        gaming-related contract, in accordance with the 
                        duties of skill and diligence of the trustee, 
                        because the compensation or fees under the 
                        gaming-related contract do not bear a 
                        reasonable relationship to the cost of the 
                        goods or the benefit of the services provided 
                        under the gaming-related contract; or
                            ``(vi) a person or an Indian tribe would 
                        violate this Act--
                                    ``(I) on approval of the gaming-
                                related contract; or
                                    ``(II) in carrying out the gaming-
                                related contract.
            ``(2) Gaming-related contractors.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which the Chairman receives a gaming-related 
                contract, the Chairman shall make a determination 
                regarding the suitability of each gaming-related 
                contractor to carry out any gaming activity that is the 
                subject of the gaming-related contract.
                    ``(B) Requirements.--The Chairman shall make a 
                determination under subparagraph (A) that a gaming-
                related contractor is unsuitable if, as determined by 
                the Chairman--
                            ``(i) the gaming-related contractor--
                                    ``(I) is an elected member of the 
                                governing body of an Indian tribe that 
                                is a party to the gaming-related 
                                contract;
                                    ``(II) has been convicted of--
                                            ``(aa) a felony; or
                                            ``(bb) any offense relating 
                                        to gaming;
                                    ``(III)(aa) knowingly and willfully 
                                provided any materially important false 
                                statement or other information to the 
                                Commission or an Indian tribe that is a 
                                party to the gaming-related contract; 
                                or
                                    ``(bb) failed to respond to a 
                                request for information under this Act;
                                    ``(IV) poses a threat to the public 
                                interest or the effective regulation or 
                                conduct of gaming under this Act, 
                                taking into consideration the behavior, 
                                criminal record, reputation, habits, 
                                and associations of the gaming-related 
                                contractor;
                                    ``(V) unduly interfered, or 
                                attempted to unduly interfere, with any 
                                determination or governing process of 
                                the governing body of an Indian tribe 
                                relating to a gaming activity, for the 
                                benefit of the gaming-related 
                                contractor; or
                                    ``(VI) deliberately or 
                                substantially failed to comply with the 
                                terms of--
                                            ``(aa) the gaming-related 
                                        contract; or
                                            ``(bb) a tribal gaming 
                                        ordinance or resolution 
                                        approved and adopted under this 
                                        Act; or
                            ``(ii) a trustee would determine that the 
                        gaming-related contractor is unsuitable, in 
                        accordance with the duties of skill and 
                        diligence of the trustee.
                    ``(C) Failure to determine.--If the Chairman fails 
                to make a suitability determination with respect to a 
                gaming-related contractor by the date described in 
                subparagraph (A), each gaming-related contractor shall 
                be considered to be suitable to carry out the gaming 
                activity that is the subject of the applicable gaming-
                related contract.
                    ``(D) Revocation.--At any time, based on a showing 
                of good cause, the Chairman may--
                            ``(i) make a determination that a gaming-
                        related contractor is unsuitable under this 
                        subsection; or
                            ``(ii) revoke a suitability determination 
                        under this subsection.
                    ``(E) Temporary suitability.--
                            ``(i) In general.--For purposes of meeting 
                        a deadline under paragraph (1)(C), the Chairman 
                        may determine that a gaming-related contractor 
                        is temporarily suitable if--
                                    ``(I) the Chairman determined the 
                                gaming-related contractor to be 
                                suitable with respect to another 
                                gaming-related contract being carried 
                                out on the date on which the Chairman 
                                makes a determination under this 
                                paragraph; and
                                    ``(II) the gaming-related 
                                contractor has not otherwise been 
                                determined to be unsuitable by the 
                                Chairman.
                            ``(ii) Final determination.--The Chairman 
                        shall make a suitability determination with 
                        respect to a gaming-related contractor that is 
                        the subject of a temporary suitability 
                        determination under clause (i) by the date 
                        described in subparagraph (A), in accordance 
                        with subparagraph (F).
                    ``(F) Updating determinations.--The Chairman, as 
                the Chairman determines to be appropriate, may limit an 
                investigation of the suitability of a gaming-related 
                contractor that--
                            ``(i) has been determined to be suitable by 
                        the Chairman with respect to another gaming-
                        related contract being carried out on the date 
                        on which the Chairman makes a determination 
                        under this paragraph; and
                            ``(ii) certifies to the Chairman that the 
                        information provided during a preceding 
                        suitability determination has not materially 
                        changed.
                    ``(G) Responsibility of gaming-related 
                contractor.--A gaming-related contractor shall--
                            ``(i) pay the costs of any investigation 
                        activity of the Chairman in carrying out this 
                        paragraph;
                            ``(ii) provide to the Chairman a notice of 
                        any change in information provided during a 
                        preceding investigation on discovery of the 
                        change; and
                            ``(iii) during an investigation of 
                        suitability under this paragraph, provide to 
                        the Chairman such bonds under subsection (d) as 
                        the Chairman determines to be appropriate to 
                        shield an Indian tribe from liability resulting 
                        from an action of the gaming-related 
                        contractor.
                    ``(H) Registry.--The Chairman shall establish and 
                maintain a registry of each suitability determination 
                made under this paragraph.
            ``(3) Additional reviews.--Notwithstanding an approval 
        under paragraph (1), or a determination of suitability under 
        paragraph (2), if the Chairman determines that a gaming-related 
        contract, or any party to such a contract, is in violation of 
        this Act, the Chairman may--
                    ``(A) suspend performance under the gaming-related 
                contract;
                    ``(B) require the parties to amend the gaming-
                related contract; or
                    ``(C) revoke a determination of suitability under 
                paragraph (2)(D).
            ``(4) Termination.--Termination of a gaming-related 
        contract shall not require the approval of the Chairman.
    ``(d) Bonds.--
            ``(1) In general.--The Chairman may require a gaming-
        related contractor to provide to the Chairman a bond to ensure 
        the performance of the gaming-related contractor under a 
        gaming-related contract.
            ``(2) Regulations.--The Chairman, by regulation, shall 
        establish the amount of a bond required under this subsection.
            ``(3) Method of payment.--A bond under this subsection may 
        be provided--
                    ``(A) in cash or negotiable securities;
                    ``(B) through a surety bond guaranteed by a 
                guarantor acceptable to the Chairman; or
                    ``(C) through an irrevocable letter of credit 
                issued by a banking institution acceptable to the 
                Chairman.
            ``(4) Use of bonds.--The Chairman shall use a bond provided 
        under this subsection to pay the costs of a failure of the 
        gaming-related contractor that provided the bond to perform 
        under a gaming-related contract.
    ``(e) Appeal of Determination.--
            ``(1) In general.--An Indian tribe or a gaming-related 
        contractor may submit to the Commission a request for an appeal 
        of a determination of the Chairman under subsection (c) or (d).
            ``(2) Determination of commission.--
                    ``(A) Hearings.--The Commission shall schedule a 
                hearing relating to an appeal under paragraph (1) by 
                not later than 30 days after the date on which a 
                request for the appeal is received.
                    ``(B) Deadline for determination.--The Commission 
                shall make a determination, by majority vote of the 
                Commission, relating to an appeal under this subsection 
                by not later than 5 days after the date of the hearing 
                relating to the appeal under subparagraph (A).
                    ``(C) Concurrence.--If the Commission concurs with 
                a determination of the Chairman under this subsection, 
                the determination shall be considered to be a final 
                agency action.
                    ``(D) Dissent.--
                            ``(i) In general.--If the Commission 
                        dissents from a determination of the Chairman 
                        under this subsection, the Chairman may--
                                    ``(I) rescind the determination of 
                                the Chairman; or
                                    ``(II) on a finding of immediate 
                                and irreparable harm to the Indian 
                                tribe that is the subject of the 
                                determination, maintain the 
                                determination.
                            ``(ii) Final agency action.--A decision by 
                        the Chairman to maintain a determination under 
                        clause (i)(II) shall be considered to be a 
                        final agency action.
            ``(3) Appeal of commission determination.--An Indian tribe, 
        a gaming-related contractor, or a beneficiary of a gaming-
        related contract may appeal a determination of the Commission 
        under paragraph (2) to the United States District Court for the 
        District of Columbia.
    ``(f) Conveyance of Real Property.--No gaming-related contract 
under this Act shall transfer or otherwise convey any interest in land 
or other real property unless the transfer or conveyance--
            ``(1) is authorized under law; and
            ``(2) is specifically described in the gaming-related 
        contract.
    ``(g) Contract Authority.--The authority of the Secretary under 
section 2103 of the Revised Statutes (25 U.S.C. 81) relating to 
contracts under this Act is transferred to the Commission.
    ``(h) No Effect on Tribal Authority.--This section does not expand, 
limit, or otherwise affect the authority of any Indian tribe or any 
party to a Tribal-State compact to investigate, license, or impose a 
fee on a gaming-related contractor.''.

SEC. 9. CIVIL PENALTIES.

    Section 14 of the Indian Gaming Regulatory Act (25 U.S.C. 2713) is 
amended--
            (1) by striking the section designation and heading and all 
        that follows through subsection (a) and inserting the 
        following:

``SEC. 14. CIVIL PENALTIES.

    ``(a) Penalties.--
            ``(1) Violation of act.--
                    ``(A) In general.--An Indian tribe, individual, or 
                entity that violates any provision of this Act 
                (including any regulation of the Commission and any 
                Indian tribal regulation, ordinance, or resolution 
                approved under section 11 or 13) in carrying out a 
                gaming-related contract may be subject to, as the 
                Chairman determines to be appropriate--
                            ``(i) an appropriate civil fine, in an 
                        amount not to exceed $25,000 per violation per 
                        day; or
                            ``(ii) an order of the Chairman for an 
                        accounting and disgorgement, including 
                        interest.
                    ``(B) Application to indian tribes.--An Indian 
                tribe shall not be subject to disgorgement under 
                subparagraph (A)(ii) unless the Chairman determines 
                that the Indian tribe grossly violated a provision of 
                this Act.
            ``(2) Appeals.--The Chairman shall provide, by regulation, 
        an opportunity to appeal a determination relating to a 
        violation under paragraph (1).
            ``(3) Written complaints.--
                    ``(A) In general.--If the Commission has reason to 
                believe that an Indian tribe or a party to a gaming-
                related contract may be subject to a penalty under 
                paragraph (1), the final closure of an Indian gaming 
                activity, or a modification or termination order 
                relating to the gaming-related contract, the Chairman 
                shall provide to the Indian tribe or party a written 
                complaint, including--
                            ``(i) a description of any act or omission 
                        that is the basis of the belief of the 
                        Commission; and
                            ``(ii) a description of any action being 
                        considered by the Commission relating to the 
                        act or omission.
                    ``(B) Requirements.--A written complaint under 
                subparagraph (A)--
                            ``(i) shall be written in common and 
                        concise language;
                            ``(ii) shall identify any statutory or 
                        regulatory provision relating to an alleged 
                        violation by the Indian tribe or party; and
                            ``(iii) shall not be written only in 
                        statutory or regulatory language.'';
            (2) in subsection (b)--
                    (A) by striking ``(b)(1) The Chairman'' and 
                inserting the following:
    ``(b) Temporary Closures.--
            ``(1) In general.--The Chairman'';
                    (B) in paragraph (1)--
                            (i) by striking ``Indian game'' and 
                        inserting ``Indian gaming activity, or any part 
                        of such a gaming activity,''; and
                            (ii) by striking ``section 11 or 13 of this 
                        Act'' and inserting ``section 11 or 13''; and
                    (C) in paragraph (2)--
                            (i) by striking ``(2) Not later than 
                        thirty'' and inserting the following:
            ``(2) Hearings.--
                    ``(A) In general.--Not later than 30'';
                            (ii) in subparagraph (A) (as designating by 
                        clause (i))--
                                    (I) by striking ``management 
                                contractor'' and inserting ``party to a 
                                gaming-related contract''; and
                                    (II) by striking ``permanent'' and 
                                inserting ``final''; and
                            (iii) in the second sentence--
                                    (I) by striking ``Not later than 
                                sixty'' and inserting the following:
                    ``(B) Determination of commission.--Not later than 
                60''; and
                                    (II) by striking ``permanent'' and 
                                inserting ``final'';
            (3) in subsection (c), by striking ``(c) A decision'' and 
        inserting the following:
    ``(c) Appeal of Final Determinations.--A determination''; and
            (4) in subsection (d), by striking ``(d) Nothing'' and 
        inserting the following:
    ``(d) Effect on Regulatory Authority of Indian Tribes.--Nothing''.

SEC. 10. GAMING ON LATER-ACQUIRED LAND.

    Section 20(b) of the Indian Gaming Regulatory Act (25 U.S.C. 
2719(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking `` (A) the 
                Secretary, after consultation'' and inserting the 
                following:
            ``(A)(i) before November 18, 2005, the Secretary reviewed, 
        or was in the process of reviewing, at the Central Office of 
        the Bureau of Indian Affairs, Washington, DC, the petition of 
        an Indian tribe to have land taken into trust for purposes of 
        gaming under this Act; and
            ``(ii) the Secretary, after consultation''; and
                    (B) in subparagraph (B)--
                            (i) in clause (i), by striking the comma at 
                        the end and inserting the following: ``under 
                        Federal statutory law, if the land is within a 
                        State in which is located--
                            ``(I) the reservation of such Indian tribe; 
                        or
                            ``(II) the last recognized reservation of 
                        such Indian tribe;'';
                            (ii) in clause (ii), by striking ``, or'' 
                        and inserting ``if, as determined by the 
                        Secretary, the Indian tribe has a temporal, 
                        cultural, and geographic nexus to the land; 
                        or''; and
                            (iii) in clause (iii), by inserting before 
                        the period at the end the following: ``if, as 
                        determined by the Secretary, the Indian tribe 
                        has a temporal, cultural, and geographic nexus 
                        to the land''; and
            (2) by adding at the end the following:
            ``(4) Effect of subsection.--Notwithstanding any other 
        provision of this subsection, land that, before the date of 
        enactment of the Indian Gaming Regulatory Act Amendments of 
        2005, was determined by the Secretary or the Chairman to be 
        eligible to be used for purposes of gaming shall continue to be 
        eligible for those purposes.''.

SEC. 11. CONFORMING AMENDMENT.

    (a) In General.--Section 123(a)(2) of the Department of the 
Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-
83; 111 Stat. 1566) is amended--
            (1) in subparagraph (A), by adding ``and'' at the end;
            (2) in subparagraph (B), by striking ``; and'' and 
        inserting a period; and
            (3) by striking subparagraph (C).
    (b) Applicability.--Notwithstanding any other provision of law, 
section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)) 
shall apply to all Indian tribes.
                                 <all>
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