II

105TH CONGRESS

1ST SESSION S. 1130

To provide for the assessment of fees by the National Indian Gaming

Commission, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 31, 1997

Mr. CAMPBELL (for himself and Mr. INOUYE) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

A BILL

To provide for the assessment of fees by the National Indian

Gaming Commission, 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. ASSESSMENT OF FEES.

4 (a) IN GENERAL.—Section 18(a) of the Indian Gam5 ing Regulatory Act (25 U.S.C. 2717(a)) is amended—

6 (1) by redesignating paragraphs (4) through

7 (6) as paragraphs (5) through (7), respectively;

8 (2) by striking ‘‘(a)(1)’’ and all that follows

9 through the end of paragraph (3) and inserting the

10 following:
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1 ‘‘(a) ANNUAL FEES.—

2 ‘‘(1) MINIMUM REGULATORY FEES.—In addi3 tion to assessing fees pursuant to a schedule estab4 lished under paragraph (2), the Commission shall re5 quire each gaming operation that conducts a class II

6 or class III gaming activity that is regulated by this

7 Act to pay to the Commission, on a quarterly basis,

8 a minimum regulatory fee in an amount equal to

9 $250.

10 ‘‘(2) CLASS II AND CLASS III GAMING FEES.—

11 ‘‘(A) CLASS II GAMING FEES.—

12 ‘‘(i) IN GENERAL.—The Commission

13 shall establish a schedule of fees to be paid

14 to the Commission that includes fees for

15 each class II gaming activity that is regu16 lated by this Act.

17 ‘‘(ii) RATE OF FEES.—For each gam18 ing activity covered under the schedule es19 tablished under clause (i), the rate of fees

20 imposed under that schedule shall not ex21 ceed 2.5 percent of the gross revenues of

22 that gaming activity.

23 ‘‘(iii) AMOUNT OF FEES ASSESSED.—

24 Subject to paragraph (3), the total amount

25 of fees imposed during any fiscal year
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1 under the schedule established under

2 clause (i) shall not exceed—

3 ‘‘(I) $5,000,000 for fiscal year

4 1998;

5 ‘‘(II) $8,000,000 for fiscal year

6 1999; and

7 ‘‘(III) $10,000,000 for fiscal year

8 2000, and for each fiscal year there9 after.

10 ‘‘(B) CLASS III GAMING FEES.—

11 ‘‘(i) IN GENERAL.—The Commission

12 shall establish a schedule of fees to be paid

13 to the Commission that includes fees for

14 each class III gaming activity that is regu15 lated by this Act.

16 ‘‘(ii) RATE OF FEES.—For each gam17 ing activity covered under the schedule es18 tablished under clause (i), the rate of fees

19 imposed under that schedule shall not ex20 ceed 0.5 percent of the gross revenues of

21 that gaming activity.

22 ‘‘(iii) AMOUNT OF FEES ASSESSED.—

23 Subject to paragraph (3), the total amount

24 of fees imposed during any fiscal year
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1 under the schedule established under

2 clause (i) shall not exceed—

3 ‘‘(I) $3,000,000 for fiscal year

4 1998;

5 ‘‘(II) $4,000,000 for fiscal year

6 1999; and

7 ‘‘(III) $5,000,000 for fiscal year

8 2000, and for each fiscal year there9 after.

10 ‘‘(3) GRADUATED FEE LIMITATION.—

11 ‘‘(A) IN GENERAL.—The aggregate

12 amount of fees collected under paragraph (2)

13 shall not exceed—

14 ‘‘(i) $8,000,000 for fiscal year 1998;

15 ‘‘(ii) $12,000,000 for fiscal year 1999;

16 and

17 ‘‘(iii) $15,000,000 for fiscal year

18 2000, and for each fiscal year thereafter.

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

20 assessing and collecting fees under this section,

21 the Commission shall take into account the du22 ties of, and services provided by, the Commis23 sion under this Act.

24 ‘‘(4) SPECIAL FUND.—The Secretary of the

25 Treasury shall establish a special fund into which
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1 the Secretary of the Treasury shall deposit amounts

2 equal to the fees paid under this subsection. The

3 amounts deposited into the special fund shall be

4 used only to fund the activities of the Commission

5 under this Act.’’;

6 (3) in paragraph (5), as redesignated by para7 graph (1) of this section, by striking ‘‘(5) Failure’’

8 and inserting the following:

9 ‘‘(5) CONSEQUENCES OF FAILURE TO PAY

10 FEES.—Failure’’;

11 (4) in paragraph (6), as redesignated by para12 graph (1) of this section, by striking ‘‘(6) To the ex13 tent’’ and inserting the following:

14 ‘‘(6) CREDIT.—To the extent’’; and

15 (5) in paragraph (7), as redesignated by para16 graph (1) of this section, by striking ‘‘(7) For pur17 poses of this section,’’ and inserting the following:

18 ‘‘(7) GROSS REVENUES.—For purposes of this

19 section,’’.

20 (b) BUDGET OF COMMISSION.—Section 18(b) of the

21 Indian Gaming Regulatory Act (25 U.S.C. 2717(b)) is

22 amended—

23 (1) by striking ‘‘(b)(1) The Commission’’ and

24 inserting the following:

25 ‘‘(b) REQUESTS FOR APPROPRIATIONS.—
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1 ‘‘(1) IN GENERAL.—The Commission’’;

2 (2) by striking paragraph (2) and inserting the

3 following:

4 ‘‘(2) CONTENTS OF BUDGET.—For fiscal year

5 1998, and for each fiscal year thereafter, the budget

6 of the Commission may include a request for appro7 priations, as authorized by section 19, in an amount

8 equal to the sum of—

9 ‘‘(A)(i) for fiscal year 1998, an estimate

10 (determined by the Commission) of the amount

11 of funds to be derived from the fees collected

12 under subsection (a) for that fiscal year; or

13 ‘‘(ii) for each fiscal year thereafter, the

14 amount of funds derived from the fees collected

15 under subsection (a) for the fiscal year preced16 ing the fiscal year for which the appropriation

17 request is made; and

18 ‘‘(B) $1,000,000.’’.

19 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

20 Section 19 of the Indian Gaming Regulatory Act (25

21 U.S.C. 2718) is amended to read as follows:

22 ‘‘SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘Subject to section 18, for fiscal year 1998, and for

24 each fiscal year thereafter, there are authorized to be ap-
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1 propriated to the Commission an amount equal to the sum

2 of—

3 ‘‘(1)(A) for fiscal year 1998, an estimate (de4 termined by the Commission) of the amount of

5 funds to be derived from the fees collected under

6 subsection (a); or

7 ‘‘(B) for each fiscal year thereafter, the amount

8 of funds derived from the fees collected under sub9 section (a) for the fiscal year preceding the fiscal

10 year; and

11 ‘‘(2) $1,000,000.’’.

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