II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Indian Gaming Regu5 latory Act Amendments of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 4 of the Indian Gaming Regulatory Act (25 

8 U.S.C. 2703) is amended— 
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1 (1) in paragraph (7)(E), by striking ‘‘of the In2 dian Gaming Regulatory Act (25 U.S.C. 

3 2710(d)(3))’’; and 

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

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

6 ‘gaming-related contract’ means— 

7 ‘‘(A) a contract or other agreement relat8 ing to the management and operation of an In9 dian tribal gaming activity, including a contract 

10 for services under which the gaming-related 

11 contractor— 

12 ‘‘(i) exercises material control over the 

13 gaming activity (or any part of the gaming 

14 activity); or 

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

16 that exercises material control over the 

17 gaming activity (or any part of the gaming 

18 activity); 

19 ‘‘(B) an agreement relating to the develop20 ment or construction of a facility to be used for 

21 an Indian tribal gaming activity (including a fa22 cility that is ancillary to such an activity) the 

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

24 ‘‘(C) an agreement that provides for com25 pensation or fees based on a percentage of the 
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1 net revenues of an Indian tribal gaming activ2 ity. 

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

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

5 an individual, including an individual who is an offi6 cer, or who serves on the board of directors, of an 

7 entity, or a stockholder that directly or indirectly 

8 holds at least 5 percent of the issued and out9 standing stock of an entity, that enters into a gam10 ing-related contract with— 

11 ‘‘(A) an Indian tribe; or 

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

13 ‘‘(13) MATERIAL CONTROL.—The term ‘mate14 rial control’, with respect to a gaming activity, 

15 means the exercise of authority or supervision over 

16 a matter that substantially affects a financial or 

17 management aspect of an Indian tribal gaming ac18 tivity.’’. 

19 SEC. 3. NATIONAL INDIAN GAMING COMMISSION. 

20 Section 5 of the Indian Gaming Regulatory Act (25 

21 U.S.C. 2704) is amended— 

22 (1) in subsection (c)— 

23 (A) by striking ‘‘(c) Vacancies’’ and insert24 ing the following: 

25 ‘‘(c) VACANCIES.— 
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), a vacancy’’; 

3 (B) by striking the second sentence and in4 serting the following: 

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

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

7 the member may— 

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

9 of office of the member until a successor is ap10 pointed; or 

11 ‘‘(B) be reappointed to serve on the Com12 mission.’’; and 

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

14 designated by subparagraph (A)) the following: 

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

16 shall act as Chairman in the absence or disability of 

17 the Chairman.’’; and 

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

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

20 SEC. 4. POWERS OF THE CHAIRMAN. 

21 Section 6 of the Indian Gaming Regulatory Act (25 

22 U.S.C. 2705) is amended— 

23 (1) in subsection (a)— 

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

25 the end; 
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1 (B) by striking paragraph (4) and insert2 ing the following: 

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

4 II gaming and class III gaming under section 12; 

5 and’’; and 

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

7 ‘‘(5) conduct a background investigation and 

8 make a determination with respect to the suitability 

9 of a gaming-related contractor, as the Chairman de10 termines to be appropriate.’’; and 

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

12 ‘‘(c) DELEGATION OF AUTHORITY.— 

13 ‘‘(1) IN GENERAL.—The Chairman may dele14 gate any authority under this section to any member 

15 of the Commission, as the Chairman determines to 

16 be appropriate. 

17 ‘‘(2) REQUIREMENT.—In carrying out an activ18 ity pursuant to a delegation under paragraph (1), a 

19 member of the Commission shall be subject to, and 

20 act in accordance with— 

21 ‘‘(A) the general policies formally adopted 

22 by the Commission; and 

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

24 and determinations of the Commission pursuant 

25 to Federal law.’’. 
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1 SEC. 5. POWERS OF THE COMMISSION. 

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

3 (25 U.S.C. 2706(b)) is amended— 

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

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

6 place it appears; 

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

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

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

10 regulations addressing minimum internal control 

11 standards for class II gaming and class III gaming 

12 activities’’ before the period at the end. 

13 SEC. 6. COMMISSION STAFFING. 

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

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

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

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

18 for level IV of the Executive Schedule under chapter 11 

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

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

21 (b) OTHER STAFF.—Section 8(b) of the Indian Gam22 ing Regulatory Act (25 U.S.C. 2707(b)) is amended by 

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

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

25 for level IV of the Executive Schedule under chapter 11 
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1 of title 2, United States Code, as adjusted by section 5318 

2 of title 5, United States Code.’’. 

3 (c) TEMPORARY AND INTERMITTENT SERVICES.— 

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

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

6 that follows through the end of the subsection and insert7 ing the following: ‘‘pay payable for level IV of the Execu8 tive Schedule under chapter 11 of title 2, United States 

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

10 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, 

25 as 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) any person that is a party to a 

6 gaming-related contract; and’’; and 

7 (ii) in clause (ii)(I), by striking ‘‘pri8 mary’’ and all that follows through ‘‘with’’ 

9 and inserting ‘‘the individuals and entities 

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

11 (C) in paragraph (3)— 

12 (i) by redesignating subparagraphs 

13 (C) and (D) as subparagraphs (D) and 

14 (E), respectively; and 

15 (ii) by striking subparagraph (B) and 

16 inserting the following: 

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

18 after the Secretary determines that— 

19 ‘‘(i) the plan is consistent with the uses de20 scribed in paragraph (2)(B); 

21 ‘‘(ii) the plan adequately addresses the 

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

23 paragraph (2)(B); and 

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

25 method of providing for the general welfare of 
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1 the Indian tribe and the members of the Indian 

2 tribe; 

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

4 provides an adequate mechanism for the monitoring 

5 and enforcement, by the Secretary and the Chair6 man, of the compliance of the plan (including any 

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

8 plan);’’; and 

9 (D) in paragraph (4)(B)(i)— 

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

11 the Act,’’ and inserting a semicolon; 

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

13 this subsection’’ and inserting a semicolon; 

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

15 and’’ and inserting ‘‘; and’’; and 

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

17 ‘‘National Indian Gaming’’; 

18 (2) in subsection (d)— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (A)— 

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

22 ‘‘lands,’’ and inserting ‘‘lands;’’; 

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

24 and’’ and inserting ‘‘; and’’; and 
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1 (III) in clause (iii), by striking 

2 the comma at the end and inserting a 

3 semicolon; and 

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

5 ‘‘, and’’ and inserting ‘‘; and’’; 

6 (B) in paragraph (2)— 

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

8 ‘‘, or’’ and inserting ‘‘; or’’; and 

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

10 striking ‘‘, and’’ and inserting ‘‘; and’’; 

11 (C) in paragraph (7)(B)— 

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

13 and’’ and inserting ‘‘; and’’; 

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

15 and’’ and inserting ‘‘; and’’; and 

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

17 and’’ and inserting ‘‘; and’’; 

18 (D) in paragraph (8)(B)— 

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

20 comma at the end and inserting a semi21 colon; and 

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

23 and inserting ‘‘; or’’; and 

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

25 (3) by adding at the end the following: 
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1 ‘‘(f) PROVISION OF INFORMATION TO CHAIRMAN.— 

2 Immediately after approving a plan (including any amend3 ment, revision, or recision of any part of a plan) under 

4 subsection (b)(3), the Secretary shall provide to the Chair5 man— 

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

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

8 approving the plan.’’. 

9 SEC. 8. GAMING-RELATED CONTRACTS. 

10 Section 12 of the Indian Gaming Regulatory Act (25 

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

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

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

14 Act, a gaming-related contract shall be— 

15 ‘‘(1) in writing; and 

16 ‘‘(2) approved by the Chairman under sub17 section (c). 

18 ‘‘(b) CONTRACT REQUIREMENTS.— 

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

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

21 a minimum, provisions relating to— 

22 ‘‘(A) accounting and reporting procedures, 

23 including, as appropriate, provisions relating to 

24 verifiable financial reports; 
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1 ‘‘(B) the access required to ensure proper 

2 performance of the gaming-related contract, in3 cluding access to, with respect to a gaming ac4 tivity— 

5 ‘‘(i) daily operations; 

6 ‘‘(ii) real property; 

7 ‘‘(iii) equipment; and 

8 ‘‘(iv) any other tangible or intangible 

9 property used to carry out the activity; 

10 ‘‘(C) assurance of performance of each 

11 party to the gaming-related contract, including 

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

13 the Chairman determines to be necessary; and 

14 ‘‘(D) the reasons for, and method of, ter15 minating the gaming-related contract. 

16 ‘‘(2) TERM.— 

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

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

19 contract shall not exceed 5 years. 

20 ‘‘(B) EXCEPTION.—Notwithstanding sub21 paragraph (A), a gaming-related contract may 

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

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

24 gaming-related contract submits to the 

25 Chairman a request for such a term; and 
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1 ‘‘(ii) the Chairman determines that 

2 the term is appropriate, taking into consid3 eration the circumstances of the gaming4 related contract. 

5 ‘‘(3) FEES.— 

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

7 payment terms of a gaming-related contract, 

8 and except as provided in subparagraph (B), 

9 the fee of a gaming-related contractor or bene10 ficiary of a gaming-related contract shall not 

11 exceed an amount equal to 30 percent of the 

12 net revenues of the gaming operation that is 

13 the subject of the gaming-related contract. 

14 ‘‘(B) EXCEPTION.—The fee of a gaming15 related contractor or beneficiary of a gaming-re16 lated contract may be in an amount equal to 

17 not more than 40 percent of the net revenues 

18 of the gaming operation that is the subject of 

19 the gaming-related contract if the Chairman de20 termines that such a fee is appropriate, taking 

21 into consideration the circumstances of the 

22 gaming-related contract. 

23 ‘‘(c) APPROVAL BY CHAIRMAN.— 

24 ‘‘(1) GAMING-RELATED CONTRACTS.— 
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1 ‘‘(A) IN GENERAL.—An Indian tribe shall 

2 submit each gaming-related contract of the 

3 tribe to the Chairman for approval by not later 

4 than the earlier of— 

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

6 date on which the gaming-related contract 

7 is executed; or 

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

9 the date on which the gaming-related con10 tract is scheduled to be completed. 

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

12 determining whether to approve a gaming-re13 lated contract under this subsection, the Chair14 man may take into consideration any informa15 tion relating to the terms, parties, and bene16 ficiaries of— 

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

18 ‘‘(ii) any other agreement relating to 

19 the Indian gaming activity, as determined 

20 by the Chairman. 

21 ‘‘(C) DEADLINE FOR DETERMINATION.— 

22 ‘‘(i) IN GENERAL.—The Chairman 

23 shall approve or disapprove a gaming-re24 lated contract under this subsection by not 

25 later than 90 days after the date on which 
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1 the Chairman makes a determination re2 garding the suitability of each gaming-re3 lated contractor under paragraph (2). 

4 ‘‘(ii) EXPEDITED REVIEW.— 

5 ‘‘(I) IN GENERAL.—If each gam6 ing-related contractor has been deter7 mined by the Chairman to be suitable 

8 under paragraph (2) on or before the 

9 date on which the gaming-related con10 tract is submitted to the Chairman, 

11 the Chairman shall approve or dis12 approve the gaming-related contract 

13 by not later than 30 days after the 

14 date on which the gaming-related con15 tract is submitted. 

16 ‘‘(II) FAILURE TO DETERMINE.— 

17 If the Chairman fails to make a deter18 mination by the date described in sub19 clause (I), a gaming-related contract 

20 described in that subclause shall be 

21 considered to be approved. 

22 ‘‘(III) AMENDMENTS.—The 

23 Chairman may require the parties to 

24 a gaming-related contract considered 

25 to be approved under subclause (II) to 
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1 amend the gaming-related contract, as 

2 the Chairman considers to be appro3 priate to meet the requirements under 

4 subsection (b). 

5 ‘‘(iii) EARLY OPERATION.— 

6 ‘‘(I) IN GENERAL.—On approval 

7 of the Chairman under subclause (II), 

8 a gaming-related contract may be car9 ried out before the date on which the 

10 gaming-related contract is approved 

11 by the Chairman under clause (i). 

12 ‘‘(II) APPROVAL BY CHAIR13 MAN.—The Chairman may approve 

14 the early operation of a gaming-re15 lated contract under subclause (I) if 

16 the Chairman determines that— 

17 ‘‘(aa) adequate bonds have 

18 been provided under paragraph 

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

20 and 

21 ‘‘(bb) the gaming-related 

22 contract will be amended as the 

23 Chairman considers to be appro24 priate to meet the requirements 

25 under subsection (b). 
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1 ‘‘(D) REQUIREMENTS FOR DIS2 APPROVAL.—The Chairman shall disapprove a 

3 gaming-related contract under this subsection if 

4 the Chairman determines that— 

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

6 to meet any requirement under subsection 

7 (b); 

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

9 unsuitable under paragraph (2); 

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

11 beneficiary of the gaming-related con12 tract— 

13 ‘‘(I) unduly interfered with or in14 fluenced, or attempted to interfere 

15 with or influence, a decision or proc16 ess of an Indian tribal government re17 lating to the gaming activity for the 

18 benefit of the gaming-related con19 tractor or beneficiary; or 

20 ‘‘(II) deliberately or substantially 

21 failed to comply with— 

22 ‘‘(aa) the gaming-related 

23 contract; or 
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1 ‘‘(bb) a tribal gaming ordi2 nance or resolution adopted and 

3 approved pursuant to this Act; 

4 ‘‘(iv) the Indian tribe with jurisdiction 

5 over the Indian lands on which the gaming 

6 activity is located will not receive the pri7 mary benefit as sole proprietor of the gam8 ing activity, taking into consideration any 

9 agreement relating to the gaming activity; 

10 ‘‘(v) a trustee would disapprove the 

11 gaming-related contract, in accordance 

12 with the duties of skill and diligence of the 

13 trustee, because the compensation or fees 

14 under the gaming-related contract do not 

15 bear a reasonable relationship to the cost 

16 of the goods or the benefit of the services 

17 provided under the gaming-related con18 tract; or 

19 ‘‘(vi) a person or an Indian tribe 

20 would violate this Act— 

21 ‘‘(I) on approval of the gaming22 related contract; or 

23 ‘‘(II) in carrying out the gaming24 related contract. 

25 ‘‘(2) GAMING-RELATED CONTRACTORS.— 
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1 ‘‘(A) IN GENERAL.—Not later than 90 

2 days after the date on which the Chairman re3 ceives a gaming-related contract, the Chairman 

4 shall make a determination regarding the suit5 ability of each gaming-related contractor to 

6 carry out any gaming activity that is the sub7 ject of the gaming-related contract. 

8 ‘‘(B) REQUIREMENTS.—The Chairman 

9 shall make a determination under subparagraph 

10 (A) that a gaming-related contractor is unsuit11 able if, as determined by the Chairman— 

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

13 ‘‘(I) is an elected member of the 

14 governing body of an Indian tribe that 

15 is a party to the gaming-related con16 tract; 

17 ‘‘(II) has been convicted of— 

18 ‘‘(aa) a felony; or 

19 ‘‘(bb) any offense relating to 

20 gaming; 

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

22 provided any materially important 

23 false statement or other information 

24 to the Commission or an Indian tribe 
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1 that is a party to the gaming-related 

2 contract; or 

3 ‘‘(bb) failed to respond to a re4 quest for information under this Act; 

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

6 interest or the effective regulation or 

7 conduct of gaming under this Act, 

8 taking into consideration the behavior, 

9 criminal record, reputation, habits, 

10 and associations of the gaming-related 

11 contractor; 

12 ‘‘(V) unduly interfered, or at13 tempted to unduly interfere, with any 

14 determination or governing process of 

15 the governing body of an Indian tribe 

16 relating to a gaming activity, for the 

17 benefit of the gaming-related con18 tractor; or 

19 ‘‘(VI) deliberately or substan20 tially failed to comply with the terms 

21 of— 

22 ‘‘(aa) the gaming-related 

23 contract; or 
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1 ‘‘(bb) a tribal gaming ordi2 nance or resolution approved and 

3 adopted under this Act; or 

4 ‘‘(ii) a trustee would determine that 

5 the gaming-related contractor is unsuit6 able, in accordance with the duties of skill 

7 and diligence of the trustee. 

8 ‘‘(C) FAILURE TO DETERMINE.—If the 

9 Chairman fails to make a suitability determina10 tion with respect to a gaming-related contractor 

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

12 gaming-related contractor shall be considered to 

13 be suitable to carry out the gaming activity that 

14 is the subject of the applicable gaming-related 

15 contract. 

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

17 on a showing of good cause, the Chairman 

18 may— 

19 ‘‘(i) make a determination that a 

20 gaming-related contractor is unsuitable 

21 under this subsection; or 

22 ‘‘(ii) revoke a suitability determination 

23 under this subsection. 

24 ‘‘(E) TEMPORARY SUITABILITY.— 
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1 ‘‘(i) IN GENERAL.—For purposes of 

2 meeting a deadline under paragraph 

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

4 a gaming-related contractor is temporarily 

5 suitable if— 

6 ‘‘(I) the Chairman determined 

7 the gaming-related contractor to be 

8 suitable with respect to another gam9 ing-related contract being carried out 

10 on the date on which the Chairman 

11 makes a determination under this 

12 paragraph; and 

13 ‘‘(II) the gaming-related con14 tractor has not otherwise been deter15 mined to be unsuitable by the Chair16 man. 

17 ‘‘(ii) FINAL DETERMINATION.—The 

18 Chairman shall make a suitability deter19 mination with respect to a gaming-related 

20 contractor that is the subject of a tem21 porary suitability determination under 

22 clause (i) by the date described in subpara23 graph (A), in accordance with subpara24 graph (F). 
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1 ‘‘(F) UPDATING DETERMINATIONS.—The 

2 Chairman, as the Chairman determines to be 

3 appropriate, may limit an investigation of the 

4 suitability of a gaming-related contractor 

5 that— 

6 ‘‘(i) has been determined to be suit7 able by the Chairman with respect to an8 other gaming-related contract being carried 

9 out on the date on which the Chairman 

10 makes a determination under this para11 graph; and 

12 ‘‘(ii) certifies to the Chairman that 

13 the information provided during a pre14 ceding suitability determination has not 

15 materially changed. 

16 ‘‘(G) RESPONSIBILITY OF GAMING-RE17 LATED CONTRACTOR.—A gaming-related con18 tractor shall— 

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

20 activity of the Chairman in carrying out 

21 this paragraph; 

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

23 of any change in information provided dur24 ing a preceding investigation on discovery 

25 of the change; and 
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1 ‘‘(iii) during an investigation of suit2 ability under this paragraph, provide to the 

3 Chairman such bonds under subsection (d) 

4 as the Chairman determines to be appro5 priate to shield an Indian tribe from liabil6 ity resulting from an action of the gaming7 related contractor. 

8 ‘‘(H) REGISTRY.—The Chairman shall es9 tablish and maintain a registry of each suit10 ability determination made under this para11 graph. 

12 ‘‘(3) ADDITIONAL REVIEWS.—Notwithstanding 

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

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

15 determines that a gaming-related contract, or any 

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

17 the Chairman may— 

18 ‘‘(A) suspend performance under the gam19 ing-related contract; 

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

21 gaming-related contract; or 

22 ‘‘(C) revoke a determination of suitability 

23 under paragraph (2)(D). 
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1 ‘‘(4) TERMINATION.—Termination of a gaming2 related contract shall not require the approval of the 

3 Chairman. 

4 ‘‘(d) BONDS.— 

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

6 a gaming-related contractor to provide to the Chair7 man a bond to ensure the performance of the gam8 ing-related contractor under a gaming-related con9 tract. 

10 ‘‘(2) REGULATIONS.—The Chairman, by regula11 tion, shall establish the amount of a bond required 

12 under this subsection. 

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

14 this subsection may be provided— 

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

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

17 a guarantor acceptable to the Chairman; or 

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

19 issued by a banking institution acceptable to 

20 the Chairman. 

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

22 a bond provided under this subsection to pay the 

23 costs of a failure of the gaming-related contractor 

24 that provided the bond to perform under a gaming25 related contract. 
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1 ‘‘(e) APPEAL OF DETERMINATION.— 

2 ‘‘(1) IN GENERAL.—An Indian tribe or a gam3 ing-related contractor may submit to the Commis4 sion a request for an appeal of a determination of 

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

6 ‘‘(2) DETERMINATION OF COMMISSION.— 

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

8 schedule a hearing relating to an appeal under 

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

10 the date on which a request for the appeal is 

11 received. 

12 ‘‘(B) DEADLINE FOR DETERMINATION.— 

13 The Commission shall make a determination, by 

14 majority vote of the Commission, relating to an 

15 appeal under this subsection by not later than 

16 5 days after the date of the hearing relating to 

17 the appeal under subparagraph (A). 

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

19 concurs with a determination of the Chairman 

20 under this subsection, the determination shall 

21 be considered to be a final agency action. 

22 ‘‘(D) DISSENT.— 

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

24 dissents from a determination of the 
27 

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1 Chairman under this subsection, the Chair2 man may— 

3 ‘‘(I) rescind the determination of 

4 the Chairman; or 

5 ‘‘(II) on a finding of immediate 

6 and irreparable harm to the Indian 

7 tribe that is the subject of the deter8 mination, maintain the determination. 

9 ‘‘(ii) FINAL AGENCY ACTION.—A deci10 sion by the Chairman to maintain a deter11 mination under clause (i)(II) shall be con12 sidered to be a final agency action. 

13 ‘‘(3) APPEAL OF COMMISSION DETERMINA14 TION.—An Indian tribe, a gaming-related con15 tractor, or a beneficiary of a gaming-related contract 

16 may appeal a determination of the Commission 

17 under paragraph (2) to the United States District 

18 Court for the District of Columbia. 

19 ‘‘(f) CONVEYANCE OF REAL PROPERTY.—No gam20 ing-related contract under this Act shall transfer or other21 wise convey any interest in land or other real property un22 less the transfer or conveyance— 

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

24 ‘‘(2) is specifically described in the gaming-re25 lated contract. 
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1 ‘‘(g) CONTRACT AUTHORITY.—The authority of the 

2 Secretary under section 2103 of the Revised Statutes (25 

3 U.S.C. 81) relating to contracts under this Act is trans4 ferred to the Commission. 

5 ‘‘(h) NO EFFECT ON TRIBAL AUTHORITY.—This sec6 tion does not expand, limit, or otherwise affect the author7 ity of any Indian tribe or any party to a Tribal-State com8 pact to investigate, license, or impose a fee on a gaming9 related contractor.’’. 

10 SEC. 9. CIVIL PENALTIES. 

11 Section 14 of the Indian Gaming Regulatory Act (25 

12 U.S.C. 2713) is amended— 

13 (1) by striking the section designation and 

14 heading and all that follows through subsection (a) 

15 and inserting the following: 

16 ‘‘SEC. 14. CIVIL PENALTIES. 

17 ‘‘(a) PENALTIES.— 

18 ‘‘(1) VIOLATION OF ACT.— 

19 ‘‘(A) IN GENERAL.—An Indian tribe, indi20 vidual, or entity that violates any provision of 

21 this Act (including any regulation of the Com22 mission and any Indian tribal regulation, ordi23 nance, or resolution approved under section 11 

24 or 13) in carrying out a gaming-related con-
29 

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1 tract may be subject to, as the Chairman deter2 mines to be appropriate— 

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

4 amount not to exceed $25,000 per viola5 tion per day; or 

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

7 accounting and disgorgement, including in8 terest. 

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

10 An Indian tribe shall not be subject to 

11 disgorgement under subparagraph (A)(ii) unless 

12 the Chairman determines that the Indian tribe 

13 grossly violated a provision of this Act. 

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

15 by regulation, an opportunity to appeal a determina16 tion relating to a violation under paragraph (1). 

17 ‘‘(3) WRITTEN COMPLAINTS.— 

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

19 reason to believe that an Indian tribe or a party 

20 to a gaming-related contract may be subject to 

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

22 of an Indian gaming activity, or a modification 

23 or termination order relating to the gaming-re24 lated contract, the Chairman shall provide to 
30 

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1 the Indian tribe or party a written complaint, 

2 including— 

3 ‘‘(i) a description of any act or omis4 sion that is the basis of the belief of the 

5 Commission; and 

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

7 considered by the Commission relating to 

8 the act or omission. 

9 ‘‘(B) REQUIREMENTS.—A written com10 plaint under subparagraph (A)— 

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

12 concise language; 

13 ‘‘(ii) shall identify any statutory or 

14 regulatory provision relating to an alleged 

15 violation by the Indian tribe or party; and 

16 ‘‘(iii) shall not be written only in stat17 utory or regulatory language.’’; 

18 (2) in subsection (b)— 

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

20 and inserting the following: 

21 ‘‘(b) TEMPORARY CLOSURES.— 

22 ‘‘(1) IN GENERAL.—The Chairman’’; 

23 (B) in paragraph (1)— 
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1 (i) by striking ‘‘Indian game’’ and in2 serting ‘‘Indian gaming activity, or any 

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

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

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

6 and 

7 (C) in paragraph (2)— 

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

9 thirty’’ and inserting the following: 

10 ‘‘(2) HEARINGS.— 

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

12 (ii) in subparagraph (A) (as desig13 nating by clause (i))— 

14 (I) by striking ‘‘management con15 tractor’’ and inserting ‘‘party to a 

16 gaming-related contract’’; and 

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

18 inserting ‘‘final’’; and 

19 (iii) in the second sentence— 

20 (I) by striking ‘‘Not later than 

21 sixty’’ and inserting the following: 

22 ‘‘(B) DETERMINATION OF COMMISSION.— 

23 Not later than 60’’; and 

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

25 inserting ‘‘final’’; 
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1 (3) in subsection (c), by striking ‘‘(c) A deci2 sion’’ and inserting the following: 

3 ‘‘(c) APPEAL OF FINAL DETERMINATIONS.—A deter4 mination’’; and 

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

6 and inserting the following: 

7 ‘‘(d) EFFECT ON REGULATORY AUTHORITY OF IN8 DIAN TRIBES.—Nothing’’. 

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

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

11 (25 U.S.C. 2719(b)) is amended— 

12 (1) in paragraph (1)— 

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

14 the Secretary, after consultation’’ and inserting 

15 the following: 

16 ‘‘(A)(i) before November 18, 2005, the Sec17 retary reviewed, or was in the process of reviewing, 

18 at the Central Office of the Bureau of Indian Af19 fairs, Washington, DC, the petition of an Indian 

20 tribe to have land taken into trust for purposes of 

21 gaming under this Act; and 

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

23 (B) in subparagraph (B)— 

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

25 comma at the end and inserting the fol-
33 

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1 lowing: ‘‘under Federal statutory law, if 

2 the land is within a State in which is lo3 cated— 

4 ‘‘(I) the reservation of such Indian 

5 tribe; or 

6 ‘‘(II) the last recognized reservation 

7 of such Indian tribe;’’; 

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

9 and inserting ‘‘if, as determined by the 

10 Secretary, the Indian tribe has a temporal, 

11 cultural, and geographic nexus to the land; 

12 or’’; and 

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

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

15 determined by the Secretary, the Indian 

16 tribe has a temporal, cultural, and geo17 graphic nexus to the land’’; and 

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

19 ‘‘(4) EFFECT OF SUBSECTION.—Notwith20 standing any other provision of this subsection, land 

21 that, before the date of enactment of the Indian 

22 Gaming Regulatory Act Amendments of 2005, was 

23 determined by the Secretary or the Chairman to be 

24 eligible to be used for purposes of gaming shall con25 tinue to be eligible for those purposes.’’. 
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1 SEC. 11. CONFORMING AMENDMENT. 

2 (a) IN GENERAL.—Section 123(a)(2) of the Depart3 ment of the Interior and Related Agencies Appropriations 

4 Act, 1998 (Public Law 105–83; 111 Stat. 1566) is amend5 ed— 

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

7 the end; 

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

9 and inserting a period; and 

10 (3) by striking subparagraph (C). 

11 (b) APPLICABILITY.—Notwithstanding any other pro12 vision of law, section 18(a) of the Indian Gaming Regu13 latory Act (25 U.S.C. 2717(a)) shall apply to all Indian 

14 tribes. 

Æ