I

103D CONGRESS

1ST SESSION H. R. 1028

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

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1993

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

Committee on Natural Resources

A BILL

To amend the Indian Gaming Regulatory Act, and for other

purposes.

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

3 SECTION 1. CLASS III CERTIFICATION.

4 (a) IN GENERAL.—Section 11(d) of the Indian Gam5 ing Regulatory Act (25 U.S.C. 2710(d)) is amended—

6 (1) in paragraph (1)(C), by inserting after

7 ‘‘paragraph (3)’’ the following: ‘‘, or with a class III

8 certificate issued pursuant to paragraph (10),’’;

9 (2) in paragraph (2)(C), by inserting after

10 ‘‘paragraph (3) by the Indian tribe’’ the following:
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1 ‘‘or the class III certificate issued pursuant to para2 graph (10)’’;

3 (3) in paragraph (3)(A), by striking ‘‘the State

4 shall negotiate with the Indian tribe’’ and inserting

5 the following: ‘‘the State may consent to enter into

6 good faith negotiations with the tribe to enter into

7 such a compact,’’;

8 (4) by amending paragraph (6) to read as fol9 lows:

10 ‘‘(6) The provisions of section 5 of the Act of

11 January 2, 1951 (64 Stat. 1135; 15 U.S.C. 1175),

12 shall not apply to any gaming conducted—

13 ‘‘(A) under a Tribal-State compact entered

14 into under paragraph (3) by a State in which

15 gaming devices are legal; or

16 ‘‘(B) under a class III certificate issued

17 pursuant to paragraph (10), which applies to

18 gaming on Indian lands located in a State in

19 which gaming devices are legal; and

20 ‘‘(C) is in effect.’’;

21 (5) in paragraph (7)(A)(i), by adding at the

22 end the following: ‘‘, if such State, pursuant to para23 graph (7)(B)(i) or (9) consents in writing to the ju24 risdiction of the Federal court,’’;
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1 (6) in paragraph (7)(A)(iii), by adding before

2 the period at the end thereof the following: ‘‘or a

3 Class III certificate approved under paragraph

4 (10)’’;

5 (7) in paragraph (7)(B)(vii) by—

6 (A) striking out ‘‘and’’ at the end of

7 subclause (I);

8 (B) striking out the period at the end of

9 subclause (II) and inserting in lieu thereof ‘‘,

10 and’’; and

11 (C) adding at the end the following:

12 ‘‘(III) which do not include provi13 sions which impose any obligation on

14 a State to regulate such gaming.’’;

15 (8) by redesignating paragraph (9) as para16 graph (11); and

17 (9) by inserting after paragraph (8) the follow18 ing new paragraphs:

19 ‘‘(9)(A) An Indian tribe may conduct Class III

20 gaming pursuant to a Class III certificate issued by

21 the Commission under paragraph (10).

22 ‘‘(B) A tribe may apply for a Class III certifi23 cate under paragraph (10) only if—

24 ‘‘(i) a State fails to consent to the jurisdic25 tion of the Federal court pursuant to paragraph
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1 (7)(A)(i) within 30 days of the effective date of

2 this amendment or within 180 days of the deliv3 ery to the State of a request by a tribe for com4 pact negotiations as provided for by paragraph

5 (3)(A), whichever is longer,

6 ‘‘(ii) in an action brought against a State

7 by a tribe, a State raises any defense to the ju8 risdiction of the Federal court on any grounds

9 which are not curable by the tribal plaintiff, or

10 ‘‘(iii) the Federal court finds it lacks juris11 diction for any reason not curable by the tribe.

12 ‘‘(10)(A) A tribe otherwise permitted, pursuant

13 to paragraph (9) to apply for a Class III certificate,

14 may do so by submitting to the Commission, an ap15 plication for a Class III certificate which meets the

16 requirements of subparagraph (B).

17 ‘‘(B) The Commission shall approve any appli18 cation for a Class III certificate if—

19 ‘‘(i) the application provides that any gam20 ing authorized under the Class III certificate be

21 conducted in accordance with a tribal ordinance

22 or resolution pursuant to paragraph (8), and

23 ‘‘(ii) the gaming activities proposed in the

24 application are located in a State that permits
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1 such gaming for any purpose, by any person,

2 organization, or entity.

3 ‘‘(C) The Commission may add regulatory or li4 censing provisions as a condition of approval for a

5 Class III certificate if such amendments are reason6 able and necessary to implement the purposes of this

7 Act, except that the certificate may not include pro8 visions which impose any obligation on a State to

9 regulate such gaming.

10 ‘‘(D) If the Commission does not approve a

11 Class III certificate properly submitted by a tribe

12 under paragraph (9) or does not provide conditions

13 of approval under subparagraph (C) before the date

14 that is 45 days after the date on which the Class III

15 certificate was submitted to the Commission for ap16 proval, the Class III certificate shall be considered

17 to have been approved by the Commission, but only

18 to the extent the Class III certificate is consistent

19 with the provisions of this Act.

20 ‘‘(E) The Commission may impose upon tribes

21 with Class III gaming certificates, an annual fee

22 necessary to defray the reasonable costs of regula23 tion, but not more than one-half of one percent of

24 the net revenue derived from Class III gaming.

25 Nothing in this subsection shall grant the Commis-
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1 sion any power to impose any such fees on Class III

2 gaming activities conducted pursuant to Tribal-State

3 compacts.’’.

4 (b) CONFORMING AMENDMENT.—Section 7(b) of the

5 Indian Gaming Regulatory Act (25 U.S.C. 2706(b)) is

6 amended—

7 (1) in paragraph (9), by striking ‘‘and’’ at the

8 end thereof;

9 (2) in paragraph (10), by striking the period at

10 the end thereof and inserting in lieu thereof ‘‘; and’’;

11 and

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

13 ‘‘(11) shall approve and modify class III certifi14 cates as necessary to carry out the duties of the

15 Commission under this chapter.’’.

16 (c) CONFORMING AMENDMENT TO TITLE 18.—Sec17 tion 1166(c) of title 18, United States Code, is amended—

18 (1) in paragraph (1), by striking out ‘‘, or’’ at

19 the end thereof and inserting in lieu thereof a semi20 colon;

21 (2) in paragraph (2), by striking out the period

22 at the end and inserting in lieu thereof ‘‘; or’’; and

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

24 ‘‘(3) gaming conducted in compliance with a

25 class III certificate issued under section 11(d)(10) of
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1 the Indian Gaming Regulatory Act (25 U.S.C.

2 2710(d)(10).’’.

3 SEC. 2. AFFECT ON TRIBAL-STATE COMPACTS.

4 Nothing in this Act, nor in any of the amendments

5 made by this Act shall, in any way, impair the validity

6 of any Tribal-State compact entered into pursuant to sec7 tion 11(d) of the Indian Gaming Regulatory Act (25

8 U.S.C. 2710(d)).

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