II

106TH CONGRESS

2D SESSION S. 2920

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

IN THE SENATE OF THE UNITED STATES

JULY 25, 2000

Mr. CAMPBELL 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, 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 Improvement Act of 2000’’.

6 SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGU7 LATORY ACT.

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

9 seq.) is amended—

10 (1) in section 7 (25 U.S.C. 2706)—

11 (A) in subsection (c)—
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1 (i) in paragraph (3), by striking

2 ‘‘and’’ at the end thereof;

3 (ii) by redesignating paragraph (4) as

4 paragraph (5); and

5 (iii) by inserting after paragraph (3),

6 the following:

7 ‘‘(4) performance plans created under sub8 section (d), including copies of such plans; and’’; and

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

10 ‘‘(d) PERFORMANCE PLANS.—The Commission shall

11 be subject to the requirements of section 306 of title 5,

12 United States Code, and sections 1115 and 1116 of title

13 31, United States Code (as added by the Government Per14 formance and Results Act (Public law 103–62)). Not later

15 than 1 year after the date of enactment of the Indian

16 Gaming Regulatory Improvement Act of 2000, the Com17 mission shall prepare and submit the initial strategic plan

18 required under such section 306 to the Director of the

19 Office of Management and Budget.’’;

20 (2) in section 11(b)(2)(F)(i) (25 U.S.C.

21 2710(b)(2)(F)(i)), by striking ‘‘primary manage22 ment’’ and all that follows through ‘‘such officials’’

23 and inserting ‘‘tribal gaming commissioners, tribal

24 gaming commission employees, and primary manage25 ment officials and key employees of the gaming en-
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1 terprise and that oversight of primary management

2 officials and key employees’’;

3 (3) by redesignating section 22 (25 U.S.C.

4 2721) as section 26; and

5 (4) by inserting after section 21 (25 U.S.C.

6 2720) the following:

7 ‘‘SEC. 22. FEE ASSESSMENTS.

8 ‘‘(a) ESTABLISHMENT OF SCHEDULE OF FEES.—

9 ‘‘(1) IN GENERAL.—Except as provided in this

10 section, the Commission shall establish a schedule of

11 fees to be paid annually to the Commission by each

12 gaming operation that conducts a class II or class

13 III gaming activity that is regulated by this Act.

14 ‘‘(2) RATES.—The rate of fees under the sched15 ule established under paragraph (1) that are im16 posed on the gross revenues from each activity de17 scribed in such paragraph shall be as follows:

18 ‘‘(A) A fee of not more than 2.5 percent

19 shall be imposed on the first $1,500,000 of

20 such gross revenues.

21 ‘‘(B) A fee of not more than 5 percent

22 shall be imposed on amounts in excess of the

23 first $1,500,000 of such gross revenues.

24 ‘‘(3) TOTAL AMOUNT.—The total amount of all

25 fees imposed during any fiscal year under the sched-
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1 ule established under paragraph (1) shall not exceed

2 $8,000,000.

3 ‘‘(b) COMMISSION AUTHORIZATION.—

4 ‘‘(1) IN GENERAL.—By a vote of not less than

5 2 members of the Commission the Commission shall

6 adopt the schedule of fees provided for under this

7 section. Such fees shall be payable to the Commis8 sion on a quarterly basis.

9 ‘‘(2) FEES ASSESSED FOR SERVICES.—The ag10 gregate amount of fees assessed under this section

11 shall be reasonably related to the costs of services

12 provided by the Commission to Indian tribes under

13 this Act (including the cost of issuing regulations

14 necessary to carry out this Act). In assessing and

15 collecting fees under this section, the Commission

16 shall take into account the duties of, and services

17 provided by, the Commission under this Act.

18 ‘‘(3) FACTORS FOR CONSIDERATION.—In mak19 ing a determination of the amount of fees to be as20 sessed for any class II or class III gaming activity

21 under the schedule of fees under this section, the

22 Commission may provide for a reduction in the

23 amount of fees that otherwise would be collected on

24 the basis of the following factors:
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1 ‘‘(A) The extent of the regulation of the

2 gaming activity involved by a State or Indian

3 tribe (or both).

4 ‘‘(B) The extent of self-regulating activi5 ties, as defined by this Act, conducted by the

6 Indian tribe.

7 ‘‘(C) Other factors determined by the Com8 mission, including

9 ‘‘(i) the unique nature of tribal gam10 ing as compared to commercial gaming,

11 other governmental gaming, and charitable

12 gaming;

13 ‘‘(ii) the broad variations in the na14 ture, scale, and size of tribal gaming activ15 ity;

16 ‘‘(iii) the inherent sovereign rights of

17 Indian tribes with respect to regulating the

18 affairs of Indian tribes;

19 ‘‘(iv) the findings and purposes under

20 sections 2 and 3; and

21 ‘‘(v) any other matter that is con22 sistent with the purposes under section 3.

23 ‘‘(4) CONSULTATION.—In establishing a sched24 ule of fees under this section, the Commission shall

25 consult with Indian tribes.
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1 ‘‘(c) TRUST FUND.—

2 ‘‘(1) ESTABLISHMENT.—There is established in

3 the Treasury of the United States a fund to be

4 known as the Indian Gaming Trust Fund (referred

5 to in this subsection as the ‘Trust Fund’), consisting

6 of such amounts as are—

7 ‘‘(A) transferred to the Trust Fund under

8 paragraph (2)(A);

9 ‘‘(B) appropriated to the Trust Fund; and

10 ‘‘(C) any interest earned on the investment

11 of amounts in the Trust Fund under subsection

12 (d).

13 ‘‘(2) TRANSFER OF AMOUNTS EQUIVALENT TO

14 FEES.—

15 ‘‘(A) IN GENERAL.—The Secretary of the

16 Treasury shall transfer to the Trust Fund an

17 amount equal to the aggregate amount of fees

18 collected under this section.

19 ‘‘(B) TRANSFERS BASED ON ESTIMATES.—

20 The amounts required to be transferred to the

21 Trust Fund under subparagraph (A) shall be

22 transferred not less frequently than quarterly

23 from the general fund of the Treasury to the

24 Trust Fund on the basis of estimates made by

25 the Secretary of the Treasury. Proper adjust-
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1 ment shall be made in amounts subsequently

2 transferred to the extent prior estimates were

3 in excess of or less than the amounts required

4 to be transferred.

5 ‘‘(d) INVESTMENTS.—

6 ‘‘(1) IN GENERAL.—It shall be the duty of the

7 Secretary of the Treasury to invest such portion of

8 the Trust Fund as is not, in the judgment of the

9 Secretary of the Treasury, required to meet current

10 withdrawals. The Secretary of the Treasury shall in11 vest the amounts deposited under subsection (c) only

12 in interest-bearing obligations of the United States

13 or in obligations guaranteed as to both principal and

14 interest by the United States.

15 ‘‘(2) SALE OF OBLIGATIONS.—Any obligation

16 acquired by the Trust Fund, except special obliga17 tions issued exclusively to the Trust Fund, may be

18 sold by the Secretary of the Treasury at the market

19 price, and such special obligations may be redeemed

20 at par plus accrued interest.

21 ‘‘(3) CREDITS TO TRUST FUND.—The interest

22 on, and proceeds from, the sale or redemption of,

23 any obligations held in the Trust Fund shall be

24 credited to and form a part of the Trust Fund.

25 ‘‘(e) EXPENDITURES FROM TRUST FUND.—
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1 ‘‘(1) IN GENERAL.—Amounts in the Trust

2 Fund shall be available to the Commission, as pro3 vided for in appropriations Acts, for carrying out the

4 duties of the Commission under this Act.

5 ‘‘(2) WITHDRAWAL AND TRANSFER OF

6 FUNDS.—Upon request of the Commission, the Sec7 retary of the Treasury shall withdraw amounts from

8 the Trust Fund and transfer such amounts to the

9 Commission for use in accordance with paragraph

10 (1).

11 ‘‘(f) LIMITATION ON TRANSFERS AND WITH12 DRAWALS.—Except as provided in subsection (e)(2), the

13 Secretary of the Treasury may not transfer or withdraw

14 any amount deposited under subsection (c).

15 ‘‘SEC. 23. MINIMUM STANDARDS.

16 ‘‘(a) CLASS I GAMING.—Notwithstanding any other

17 provision of law, class I gaming on Indian lands shall be

18 within the exclusive jurisdiction of the Indian tribes and

19 shall not be subject to the provisions of this Act.

20 ‘‘(b) CLASS II GAMING.—Effective on the date of en21 actment of this section, an Indian tribe shall retain the

22 rights of that Indian tribe, with respect to class II gaming

23 and in a manner that meets or exceeds the minimum Fed24 eral standards established under section 11, to—

25 ‘‘(1) monitor and regulate that gaming;
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1 ‘‘(2) conduct background investigations; and

2 ‘‘(3) establish and regulate internal control sys3 tems.

4 ‘‘(c) CLASS III GAMING UNDER A COMPACT.—With

5 respect to class III gaming that is conducted under a com6 pact entered into under this Act, an Indian tribe or a

7 State (or both), as provided for in such a compact or a

8 related tribal ordinance or resolution shall, in a manner

9 that meets or exceeds the minimum Federal standards es10 tablished by the Commission under section 11—

11 ‘‘(1) monitor and regulate that gaming;

12 ‘‘(2) conduct background investigations; and

13 ‘‘(3) establish and regulate internal control sys14 tems.

15 ‘‘(d) RULEMAKING.—The Commission may promul16 gate such regulations as may be necessary to carry out

17 this section.

18 ‘‘SEC. 24. USE OF NATIONAL INDIAN GAMING COMMISSION

19 CIVIL FINES.

20 ‘‘(a) USE OF FUNDS.—The Secretary may provide

21 grants and technical assistance to Indian tribes from any

22 funds secured by the Commission pursuant to section 14,

23 which funds shall be made available only for the following

24 purposes:
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1 ‘‘(1) To provide technical training and other as2 sistance to Indian tribes to strengthen the regulatory

3 integrity of Indian gaming.

4 ‘‘(2) To provide assistance to Indian tribes to

5 assess the feasibility of non-gaming economic devel6 opment activities on Indian lands.

7 ‘‘(3) To provide assistance to Indian tribes to

8 devise and implement programs and treatment serv9 ices for individuals diagnosed as problem gamblers.

10 ‘‘(4) To provide other forms of assistance to In11 dian tribes not inconsistent with the Indian Gaming

12 Regulatory Act.

13 ‘‘(b) CONSULTATION.—In carrying out this section,

14 the Secretary shall consult with Indian tribes and any

15 other appropriate tribal or Federal officials.

16 ‘‘(c) REGULATIONS.—The Secretary may promulgate

17 such regulations as may be necessary to carry out this

18 section.

19 ‘‘SEC. 25. REGULATIONS.

20 ‘‘(a) IN GENERAL.—

21 ‘‘(1) PROMULGATION.—Not later than 90 days

22 after the date of enactment of the Indian Gaming

23 Regulatory Improvement Act of 2000, the Secretary

24 shall develop procedures under subchapter III of

25 chapter 5 of title 5, United States Code, to negotiate
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1 and promulgate regulations relating to the classifica2 tion of games conducted by Indian tribes pursuant

3 to this Act.

4 ‘‘(2) PUBLICATION OF PROPOSED REGULA5 TIONS.—Not later than 1 year after the date of en6 actment of the Indian Gaming Regulatory Improve7 ment Act of 2000, the Secretary shall publish in the

8 Federal Register proposed regulations to implement

9 the amendments made by such Act.

10 ‘‘(b) COMMITTEE.—A negotiated rulemaking com11 mittee established pursuant to section 565 of title 5,

12 United States Code, to carry out this section shall be com13 posed only of Federal and Indian tribal government rep14 resentatives, a majority of whom shall be nominated by

15 and be representative of Indian tribes that conduct gam16 ing pursuant to this Act.’’.

17 SEC. 3. APPLICATION OF GOVERNMENT PERFORMANCE

18 AND RESULTS ACT.

19 Section 306(f) of title 5, United States Code, is

20 amended by inserting ‘‘and includes the National Indian

21 Gaming Commission,’’ after ‘‘section 105,’’.

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