I

106TH CONGRESS

1ST SESSION H. R. 1811

To amend the Indian Gaming Regulatory Act to provide adequate and certain

remedies for sovereign tribal governments, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 13, 1999

Mr. PASTOR introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on the Judiciary,

and Ways and Means, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend the Indian Gaming Regulatory Act to provide

adequate and certain remedies for sovereign tribal governments, 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; REFERENCE.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Indian Gaming Regulatory Act Amendments of 1999’’.

6 (b) REFERENCE.—Unless otherwise stated, whenever

7 in this Act a section or other provision is amended or re8 pealed, such amendment or repeal shall be considered to
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1 be made to that section or other provision of the Indian

2 Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

3 SEC. 2. FINDINGS.

4 Section 2 of the Act (25 U.S.C. 2701) is amended—

5 (1) by striking ‘‘and’’ at the end of paragraph

6 (4);

7 (2) by striking the period at the end of para8 graph (5) and inserting in lieu thereof a semicolon;

9 and

10 (3) by adding at the end the following:

11 ‘‘(6) tribal systems for the regulation of gaming

12 activities should be structured to maintain and pre13 serve the integrity and fairness of tribal gaming op14 erations;

15 ‘‘(7) the operation of gaming activities on In16 dian lands has had a significant impact on com17 merce with foreign nations, among the several

18 States, and with Indian tribes; and

19 ‘‘(8) the United States Constitution vests the

20 Congress with the powers to regulate commerce with

21 foreign nations, and among the several States, and

22 with Indian tribes, and this Act is enacted in the ex23 ercise of those powers, and shall extend to and en24 compass all federally recognized Indian tribes.’’.
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1 SEC. 3. DECLARATION OF POLICY.

2 Section 3 of the Act (25 U.S.C. 2702) is amended—

3 (1) by striking ‘‘and’’ at the end of paragraph

4 (2);

5 (2) by striking the period at the end of para6 graph (3) and inserting in lieu thereof ‘‘; and’’; and

7 (3) by adding at the end the following new

8 paragraph:

9 ‘‘(4) to ensure the right of Indian tribes to con10 duct gaming activities on Indian lands in a manner

11 consistent with the decision of the Supreme Court in

12 California et al. v. Cabazon Band of Mission Indians

13 et al. (480 U.S.C. 202, 107 S.Ct. 1083 (1987)), in14 volving the Cabazon and Morango Bands of Mission

15 Indians.’’.

16 SEC. 4. DEFINITIONS.

17 (a) CLASS I GAMING.—Section 4(6) of the Act (25

18 U.S.C. 2703(6)) is amended by inserting ‘‘played’’ after

19 ‘‘social games’’.

20 (b) CLASS II GAMING.—(1) Section 4(7)(A) of the

21 Act (25 U.S.C. 2703(7)(A)) is amended—

22 (A) in clause (i), by amending the matter fol23 lowing subclause (III) to read as follows:

24 ‘‘including pull tabs, lotto, punch boards, tip jars,

25 instant, and games similar to bingo (whether or not

26 electronic, computer, or other technologic aids are
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1 used in connection therewith so long as the funda2 mental characteristics of the game remain the

3 same), and’’; and

4 (B) by amending clause (ii) to read as follows:

5 ‘‘(ii) card games where the gaming oper6 ation does not have a stake in the outcome of

7 the game, and for the purposes of this clause,

8 a stake in the outcome of the game shall not in9 clude (I) receiving a fixed percentage of the wa10 gers made; (II) receiving a fixed fee per game

11 played; or (III) a rental fee for the player to

12 participate in the game.’’.

13 (2) Section 4(7)(C) of the Act (25 U.S.C.

14 2703(7)(C)) is amended by striking ‘‘as determined by the

15 Chairman’’.

16 (3)(A) Section 4(7) of the Act (25 U.S.C. 2703(7))

17 is amended by striking subparagraphs (D), (E), and (F).

18 (B) Public Law 101–301 (25 U.S.C. 2703 note) is

19 amended by striking section 6.

20 (c) COMPACT AND MANAGEMENT CONTRACT.—Sec21 tion 4(7) of the Act (25 U.S.C. 2703) is amended—

22 (1) by redesignating paragraphs (9) and (10)

23 as paragraphs (11) and (12), respectively; and

24 (2) by inserting after paragraph (8) the fol25 lowing new paragraphs:
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1 ‘‘(9) The term ‘compact’ means an agreement

2 relating to the operation of class III games on In3 dian lands entered into by an Indian tribe and a

4 State, which is approved by the Secretary, or the

5 procedures in lieu of such an agreement, published

6 by the Secretary.

7 ‘‘(10) The term ‘management contract’ means

8 any contract, other than employment contract, that

9 empowers any entity, which is not totally owned and

10 controlled by the tribe, with decision-making author11 ity over any gaming-related aspect of the gaming op12 eration. Decision-making authority means the exer13 cise of authority or supervision or the power to make

14 or cause to be made any discretionary decision with

15 regard to matters which have a substantial effect on

16 the management aspects of a gaming operation.’’.

17 SEC. 5. NATIONAL INDIAN GAMING COMMISSION.

18 (a) MEMBERS.—Paragraph (5) of section 5(b) (25

19 U.S.C. 2704(b)) is amended—

20 (1) in subparagraph (B)—

21 (A) by inserting ‘‘(other than any interest

22 that is derived from the individual’s status as

23 an enrolled member of an Indian tribe)’’ after

24 ‘‘financial interest’’; and

25 (B) by striking ‘‘or’’ at the end thereof;
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1 (2) by striking the period at the end of sub2 paragraph (C) and inserting in lieu thereof ‘‘; or’’;

3 and

4 (3) by adding at the end thereof the following

5 new subparagraph:

6 ‘‘(D) is unable to devote his entire time and at7 tention to the business of the Commission.’’.

8 (b) COMPENSATION.—Subsection (g) of section 5 (25

9 U.S.C. 2704) is amended—

10 (1) by striking paragraph (1) and redesignating

11 paragraphs (2) and (3) as paragraphs (1) and (2),

12 respectively; and

13 (2) in paragraph (1), as redesignated by para14 graph (1) of this subsection—

15 (A) by striking ‘‘The associate members’’

16 and inserting in lieu thereof ‘‘Members’’; and

17 (B) by striking ‘‘level V of the Executive

18 Schedule under section 5316’’ and inserting in

19 lieu thereof ‘‘level IV of the Executive Schedule

20 under section 5315’’.

21 (c) SUPPORT SERVICES.—Section 5 of the Act (25

22 U.S.C. 2704) is amended by adding at the end thereof

23 the following new subsection:

24 ‘‘(h) The Administrator of General Services shall pro25 vide to the Commission on a reimbursable basis such ad-
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1 ministrative support services as the Commission may re2 quest.’’.

3 SEC. 6. POWERS OF THE CHAIRMAN.

4 Section 6 of the Act (25 U.S.C. 2705) is amended

5 to read as follows:

6 ‘‘SEC. 6. POWERS OF THE CHAIRMAN.

7 ‘‘(a) The Chairman shall serve as the chief executive

8 officer of the Commission.

9 ‘‘(b) Subject to the provisions of subsection (c), the

10 Chairman:

11 ‘‘(1) Shall, employ, appoint, and supervise,

12 without regard to the provisions of title 5, United

13 States Code, governing appointments in the competi14 tive service, such personnel as are deemed necessary

15 to carry out the functions of the Commission and as16 sign work among such personnel. Such staff shall be

17 paid without regard to the provisions of chapter 51

18 and subchapters III and VIII of chapter 53 of such

19 title relating to classification and General and Senior

20 Executive Service Schedule pay rates, except that no

21 individual so appointed may receive pay in excess of

22 the annual rate of basic pay payable for ES–5 of the

23 Senior Executive Service Schedule under section

24 5382 of such title.
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1 ‘‘(2) May procure temporary and intermittent

2 services under section 3109(b) of title 5, United

3 States Code, but at rates for individuals not to ex4 ceed the daily equivalent of the maximum annual

5 rate of basic pay payable for ES–6 of the Senior Ex6 ecutive Service Schedule (established under section

7 5382 of such title).

8 ‘‘(3) May request the head of any Federal agen9 cy to detail any of the personnel of such agency to

10 the Commission to assist the Commission in car11 rying out its duties under this Act, unless otherwise

12 prohibited by law.

13 ‘‘(4) May use and expend Federal funds and

14 funds collected pursuant to section 17 of this Act.

15 ‘‘(5) May contract for the services of other pro16 fessional, technical, and operational personnel and

17 consultants as may be necessary to the performance

18 of the Commission’s responsibilities under this Act.

19 ‘‘(c) In carrying out any of the functions pursuant

20 to this section, the Chairman shall be governed by the gen21 eral policies of the Commission and by such regulatory de22 cisions, findings, and determinations as the Commission

23 may by law be authorized to make.’’.
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1 SEC. 7. POWERS OF THE COMMISSION.

2 (a) BUDGET.—Paragraph (1) of section 7(a) (25

3 U.S.C. 2706(a)) is amended by striking ‘‘upon the rec4 ommendation of the chairman,’’.

5 (b) FORMER POWERS OF CHAIRMAN.—Subsection

6 (a) of section 7 (25 U.S.C. 2706) is amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (3);

9 (2) by striking the period at the end of para10 graph (4) and inserting in lieu thereof a semicolon;

11 and

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

13 new paragraphs:

14 ‘‘(5) by a unanimous vote of not less than 3

15 members, after a mandatory effort to mediate any

16 controversy, issue orders of temporary closure as

17 provided in section 14(b);

18 ‘‘(6) by an affirmative vote of not less than 2

19 members, and after a full hearing, levy and collect

20 civil fines as provided in section 14(a), which fines

21 shall only run from date of notice of violation or

22 later;

23 ‘‘(7) by an affirmative vote of not less than 2

24 members, approve tribal ordinances or resolutions

25 regulating class II gaming and class III gaming as

26 provided in section 11; and
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1 ‘‘(8) by an affirmative vote of not less than 2

2 members, approve management contracts for class II

3 gaming and class III gaming as provided in sections

4 11(d)(9) and 12.’’.

5 (c) POWERS.—Subsection (b) of section 7 (25 U.S.C.

6 2706) is amended—

7 (1) in paragraphs (1) and (2), by inserting

8 ‘‘and class III gaming, where a compact so pro9 vides,’’ after ‘‘class II gaming’’ both places it ap10 pears;

11 (2) by striking ‘‘and’’ at the end of paragraph

12 (9);

13 (3) by redesignating paragraph (10) as para14 graph (13); and

15 (4) by inserting after paragraph (9) the fol16 lowing new paragraphs:

17 ‘‘(10) may invoke, in the case of contumacy by

18 or refusal to obey any subpoena issued to any per19 son, the jurisdiction of any court of the United

20 States within the jurisdiction of which an investiga21 tion or proceeding is carried on, or where such per22 son resides or carries on business, in requiring the

23 attendance and testimony of witnesses and the pro24 duction of books, papers, correspondence, memo25 randa, and other records;
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1 ‘‘(11) may in its discretion, whenever it shall

2 appear to the Commission that any person is en3 gaged or about to engage in acts or practices consti4 tuting a violation of any provision of this Act or

5 rules or regulations thereunder, bring an action in

6 the proper district court of the United States to en7 join such acts or practices, or transmit such evidence

8 as may be available concerning such acts or prac9 tices as may constitute a violation of any criminal

10 law of the United States to the Attorney General,

11 who may institute the necessary criminal pro12 ceedings;

13 ‘‘(12) may provide training and technical assist14 ance to Indian tribal governments in all aspects of

15 the conduct and regulation of gaming activities;

16 and’’.

17 (d) REPORT.—Section 7 of the Act (25 U.S.C. 2406)

18 is amended by striking subsection (c).

19 SEC. 8. INTERIM AUTHORITY TO REGULATE GAMING.

20 Section 10 of the Act (35 U.S.C. 2709) is repealed.

21 SEC. 9. TRIBAL GAMING ORDINANCES.

22 (a) CLASS II GAMING.—(1) Subsection (b) of section

23 11 (25 U.S.C. 2710) is amended—

24 (A) by striking ‘‘Chairman’’ each place it ap25 pears and inserting in lieu thereof ‘‘Commission’’;
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1 (B) in paragraph (2)(F)—

2 (i) by striking ‘‘and’’ at the end of clause

3 (i);

4 (ii) by redesignating clause (ii) as clause

5 (iii); and

6 (iii) by inserting after clause (i) the fol7 lowing new clause:

8 ‘‘(ii) ensures the integrity and fairness of the

9 games and which is appropriate for the size and

10 complexity of the gaming operations authorized by

11 the ordinance.’’;

12 (C) in paragraph (3)(D), by inserting ‘‘shall

13 make appropriate withholdings and’’ after ‘‘tribes’’;

14 (D) in paragraph (4)(A), by striking ‘‘No per15 son or entity’’ and all that follows through ‘‘State.’’;

16 (E) in paragraph 4(B)—

17 (i) in clause (ii), by striking ‘‘entity’’ and

18 all that follows through ‘‘Act’’ and inserting in

19 lieu thereof ‘‘entity; except, however, the exemp20 tion shall transfer to those heirs of the indi21 vidual licensee who are otherwise enrolled as

22 members of the tribe which granted such li23 cense’’; and

24 (ii) by striking clause (iii); and
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1 (2) Subsection (c) of section 11 (25 U.S.C. 2710) is

2 amended by striking paragraphs (3), (4), (5), and (6).

3 (b) CLASS III GAMING.—(1) Subsection (d) of section

4 11 (25 U.S.C. 2710) is amended by striking ‘‘Chairman’’

5 each place it appears and inserting in lieu thereof ‘‘Com6 mission’’.

7 (2) Subparagraphs (B) and (C) of paragraph (1) are

8 amended to read as follows:

9 ‘‘(B) located in a State where the requirements

10 of clauses (i) through (iii) of paragraph (3)(C) are

11 satisfied and the gaming activity is eligible for inclu12 sion in a compact, and

13 ‘‘(C) conducted in conformance with a compact

14 that is in effect.’’.

15 (3) Subparagraph (C) of section 11(d)(2) (25 U.S.C.

16 22710(d)(2)) is amended by striking ‘‘Tribal-State com17 pact entered into under paragraph (3) by the Indian tribe’’

18 and inserting in lieu thereof ‘‘compact’’.

19 (4) Clause (iii) of section 11(d)(2)(D) (25 U.S.C.

20 (d)(2)(D)) is amended by striking ‘‘Tribal-State compact

21 entered into under paragraph (3)’’ and inserting in lieu

22 thereof ‘‘compact’’.

23 (5) Paragraph (3) of section 11(d) (25 U.S.C.

24 2710(d)) is amended—
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1 (A) by redesignating subparagraph (C) as sub2 paragraph (H) and in that subparagraph—

3 (i) by striking ‘‘Tribal-State compact’’ and

4 inserting in lieu thereof ‘‘compact entered

5 into’’;

6 (ii) in clause (i)—

7 (I) by striking ‘‘the application of’’

8 and inserting in lieu thereof ‘‘the adoption

9 of’’; and

10 (II) by inserting ‘‘, with tribal con11 sent, of’’ after ‘‘tribe or’’;

12 (iii) by striking clauses (ii) and (iv) and re13 designating clauses (iii) through (vii) as clauses

14 (ii) through (v), respectively;

15 (iv) in clause (ii) (as redesignated by

16 clause (iii) of this subparagraph), by inserting

17 ‘‘or Secretary’’ after ‘‘State’’; and

18 (v) in clause (v) (as redesignated by clause

19 (iii) of this subparagraph), by striking ‘‘di20 rectly’’ and inserting in lieu thereof ‘‘reason21 ably’’; and

22 (B) by striking subparagraphs (A) and (B) and

23 inserting in lieu thereof the following:

24 ‘‘(A)(i) Any Indian tribe having jurisdiction over the

25 lands upon which a class III gaming activity is to be con-
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1 ducted may request the State in which such lands are lo2 cated to enter into negotiations for the purpose of entering

3 into a compact governing the conduct of class III gaming

4 activities;

5 ‘‘(ii) Such request shall be in writing and shall specify

6 the gaming activity or activities the Indian tribe proposes

7 for inclusion in the compact and within 30 days after such

8 request, the State shall respond to the Indian tribe.

9 ‘‘(iii) Compact negotiations shall commence within 60

10 days after the submission of a request under clause (i),

11 and shall be completed within 120 days of the initiation

12 such compact negotiations, unless the State and the In13 dian tribe agree to a different period of time for the com14 pletion of such compact negotiations.

15 ‘‘(iv) Should the State or the Indian tribe find that

16 they are unable to complete compact negotiations because

17 they cannot reach agreement on the terms of a compact

18 or should a State fail to respond to the tribe’s written re19 quest for a compact or should a State fail to participate

20 in timely negotiations as specified by this Act, the State

21 or the Indian tribe may notify the Secretary.

22 ‘‘(B) The Secretary, in consultation with the Indian

23 tribes and, if possible, the States, shall develop a panel

24 of independent mediators, which shall be periodically up25 dated.
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1 ‘‘(C) If after the 120 days authorized for the comple2 tion of compact negotiations, the State and the Indian

3 tribe have not agreed to recommend a compact to the Sec4 retary, the State and the Indian tribe shall enter into me5 diation, pursuant to the following procedures:

6 ‘‘(i) The Secretary shall provide the State and

7 Indian tribe with a list of names of three mediators

8 randomly selected from the panel of independent me9 diators. The State and the Indian tribe each may re10 move a different mediator from the list of three me11 diators, and if both the State and Tribe remove the

12 same mediator, the Secretary shall choose from the

13 remaining mediators to conduct the mediation.

14 ‘‘(ii) The mediator shall attempt to achieve a

15 compact not later than 60 days after such mediator

16 is selected, unless such time period is extended by

17 mutual agreement of the State and the Indian tribe.

18 ‘‘(iii) If mediation fails, the State and Indian

19 tribe may submit their last best offer to the medi20 ator, who shall evaluate the offers under the terms

21 of this Act and recommend a compact to the Sec22 retary, except that by mutual agreement the parties

23 may substitute either compulsory arbitration, or a

24 decision by the Secretary instead of a mediator’s

25 recommendation. If the State fails to submit a last
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1 best offer, the mediator shall recommend the Indian

2 tribe’s last best offer to the Secretary.

3 ‘‘(iv) The recommended compact shall also in4 clude such provisions which in the opinion of the me5 diator or arbitrator best meet the objectives of this

6 Act, provides for adequate standards to ensure the

7 integrity and fairness of the games, and are con8 sistent with any declaratory judgment issued pursu9 ant to paragraph (7) of this subsection.

10 ‘‘(D) If the parties or the mediator or arbitrator pur11 suant to this paragraph recommend a compact to the Sec12 retary, the Secretary shall approve such compact and shall

13 publish it in the Federal Register.

14 ‘‘(E) The compact also shall not be approved by the

15 Secretary if it violates—

16 ‘‘(i) any provision of this Act or the regulations

17 promulgated by the Commission;

18 ‘‘(ii) any other provision of Federal law that

19 does not relate to jurisdiction over gaming on Indian

20 reservations; or

21 ‘‘(iii) the trust obligations of the United States

22 to Indians.

23 ‘‘(F) Except for an appeal under subchapter II of

24 chapter 5 of title 5, United States Code, by an Indian tribe

25 or a State associated with the publication of the compact,
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1 the publication of a compact pursuant to paragraph

2 (3)(D) which permits a form of class III gaming shall,

3 for the purposes of this Act, be conclusive evidence that

4 such class III gaming is an activity subject to negotiations

5 under the laws of the State where the gaming is to be

6 conducted, in any matter under consideration by the Com7 mission or a Federal court.

8 ‘‘(G) Any compact negotiated under this subsection

9 shall be effective upon its publication in the Federal Reg10 ister by the Secretary or shall be effective after the pas11 sage of 60 days from the date of the mediator’s rec12 ommendations to the Secretary, or from the date that a

13 compact agreed to by both tribe and State is submitted

14 to the Secretary, unless the Secretary, within 60 days, re15 jects the compact under subparagraph (E).’’.

16 (6) Paragraph (5) of section 11(d) (25 U.S.C.

17 2710(d)) is amended by striking ‘‘Tribal-State compact

18 entered into by the Indian tribe under paragraph (3)’’ and

19 inserting in lieu thereof ‘‘compact’’.

20 (7) Paragraph (6) of section 11(d) (25 U.S.C.

21 2710(d)) is amended to read as follows:

22 ‘‘(6)(A) Nothing in this subsection shall compel a

23 State to assume any responsibility regarding tribal gaming

24 activities. A State’s consent shall be required for any State

25 responsibility for tribal gaming activities. If a State does
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1 not consent to a responsibility set forth in a compact, such

2 compact shall continue to be in effect, except the subject

3 responsibilities shall be assumed by the Commission, or

4 in the discretion of the Commission, may be delegated to

5 a tribal regulatory body.

6 ‘‘(B) The provisions of section 5 of the Act of Janu7 ary 2, 1951 (64 Stat. 1135; 15 U.S.C. 1175), shall not

8 apply to any gaming on any Indian lands, and shall not

9 apply to any commerce, intended for gaming on any In10 dian lands.’’.

11 (8) Paragraph (7) of section 11(d) (25 U.S.C.

12 2710(d)) is amended—

13 (A) by amending clause (i) of subparagraph (A)

14 to read as follows:

15 ‘‘(i) any cause of action for a declaratory judg16 ment brought by an Indian tribe or State, which is

17 authorized by this clause to file an action for a de18 claratory judgment in district courts of the United

19 States for the purposes of seeking a determination

20 of what games are permitted to be played by any

21 person or entity for any purposes in the State in

22 which the proposed class III gaming activities are to

23 be conducted on Indian lands,’’;

24 (B) in clause (ii) of subparagraph (A)—
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1 (i) by inserting ‘‘the United States,’’ before

2 ‘‘a State’’; and

3 (ii) by striking ‘‘Tribal-State compact en4 tered into under paragraph (3)’’ and inserting

5 in lieu thereof ‘‘compact’’;

6 (C) by amending clause (iii) to read as follows:

7 ‘‘(iii) any cause of action initiated by the Sec8 retary, a State or an Indian tribe to enforce provi9 sions of a compact.’’; and

10 (D) by amending subparagraph (B) to read as

11 follows:

12 ‘‘(B) In any declaratory action brought under sub13 paragraph (A)(i) the court shall declare that the gaming

14 activity as a matter of Federal law shall be the subject

15 of negotiation and included in a compact if it finds that—

16 ‘‘(i) the gaming activity is not prohibited as a

17 matter of State criminal law; or

18 ‘‘(ii) even if the gaming activity is prohibited as

19 a matter of State criminal law, the gaming activity

20 meets one or more of the following criteria—

21 ‘‘(I) its principal characteristics are sub22 stantially similar to principal characteristics of

23 gaming activities that are not prohibited as a

24 matter of State criminal law;
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1 ‘‘(II) State law permits the gaming activity

2 subject to regulation;

3 ‘‘(III) as a matter of State law any person,

4 organization, or entity within the State may en5 gage in the gaming activity for any purpose; or

6 ‘‘(IV) there is a pervasive pattern of non7 enforcement of the gaming prohibition.

8 ‘‘(C) Nothing in this subsection shall be construed to

9 preclude or delay a tribe from seeking the mediation set

10 forth in paragraph (3) of this subsection.’’.

11 (9) Subsection (d) of section 11 (25 U.S.C. 2710)

12 is amended by striking paragraph (8) and redesignating

13 paragraph (9) as paragraph (8) and in that paragraph by

14 striking ‘‘subsections (b), (c), (d), (f), (g), and (h) of’’.

15 (c) APPROVAL OF TRIBAL GAMING ORDINANCE OR

16 RESOLUTION.—Subsection (e) of section 11 (25 U.S.C.

17 2710) is amended by striking ‘‘Chairman’’ each place it

18 appears and inserting in lieu thereof ‘‘Commission’’.

19 SEC. 10. MANAGEMENT CONTRACTS.

20 (a) ROLE OF COMMISSION.—(1) Section 12 of the

21 Act (25 U.S.C. 2711) is amended by striking ‘‘Chairman’’

22 each place it appears and inserting in lieu thereof ‘‘Com23 mission’’.
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1 (2) Subsection (f) of such section is amended by

2 striking ‘‘he’’ and inserting in lieu thereof ‘‘the Commis3 sion’’.

4 (b) INFORMATION REQUIRED.—Section 12(a) (25

5 U.S.C. 2711(a)) is amended—

6 (1) in the matter preceding subparagraph (A)

7 of paragraph (1), by striking ‘‘class II gaming activ8 ity that the Indian tribe may engage in under sec9 tion 11(b)(1)’’ and inserting in lieu thereof ‘‘gaming

10 activity that the Indian tribe may engage in under

11 this Act’’;

12 (2) by striking ‘‘and’’ at the end of paragraph

13 (1)(B);

14 (3) by striking the period at the end of para15 graph (1)(C) and inserting in lieu thereof ‘‘; and’’;

16 (4) by adding at the end of paragraph (1) the

17 following new subparagraph:

18 ‘‘(D) a complete disclosure of all collateral and ancil19 lary agreements that exist between the management com20 pany and the tribe, and between any and all persons listed

21 in subparagraph (A) and the tribe.’’; and

22 (5) by striking paragraph (3).

23 (c) APPROVAL.—Subsection (b) of section 12 (25

24 U.S.C. 2711) is amended—
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1 (1) by inserting ‘‘and’’ at the end of paragraph

2 (4);

3 (2) by striking paragraph (5); and

4 (3) redesignating paragraph (6) as paragraph

5 (5).

6 (d) PERIOD FOR APPROVAL.—Subsection (d) of sec7 tion 12 (25 U.S.C. 2711) is amended—

8 (1) by striking ‘‘180’’ both places it appears

9 and inserting in lieu thereof ‘‘90’’; and

10 (2) by amending the second sentence to read as

11 follows: ‘‘In the event the time periods expire with12 out action taken by the Commission, the manage13 ment contract shall be deemed to be approved and

14 the tribe and management contractors may proceed

15 as if such contract is formally approved.’’.

16 SEC. 11. EXISTING ORDINANCES AND CONTRACTS.

17 Subsection (c) of section 13 (25 U.S.C. 2712) is

18 amended by striking ‘‘including all collateral agreements,’’

19 and inserting in lieu thereof ‘‘including all related agree20 ments involving the same parties, financing or leasing

21 agreements, or any agreement that pertains to significant

22 management functions or responsibilities,’’.
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1 SEC. 12. CIVIL PENALTIES.

2 Paragraph (2) of section 14(a) (25 U.S.C. 2713(a))

3 is amended by inserting ‘‘a mechanism for informal dis4 pute resolution and’’.

5 SEC. 13. GAMING ON AFTER-ACQUIRED LANDS.

6 (a) ELIMINATION OF GOVERNOR’S CONCURRENCE.—

7 Subparagraph (A) of section 20(b)(1) of the Act (25

8 U.S.C. 2719(b)(1)) is amended by striking ‘‘, but only if

9 the Governor of the State in which the gaming activity

10 is to be conducted concurs in the Secretary’s determina11 tion’’.

12 (b) REPORTING AND WITHHOLDING OF TAXES.—

13 Paragraph (1) of section 20(d) (25 U.S.C. 2719(d)) is

14 amended—

15 (1) by inserting ‘‘, the exemption from Federal

16 taxes provided to the States with respect to any

17 gaming activity, and the reporting of cash trans18 actions’’ after ‘‘wagering operations’’; and

19 (2) by striking ‘‘under a Tribal-State compact

20 entered into under section 11(d)(3) that is in ef21 fect,’’.

22 SEC. 14. CRIMINAL PROVISIONS.

23 Section 1166 of title 18, United States Code, is

24 amended by striking ‘‘Tribal-State compact’’ both places

25 it appears and inserting in lieu thereof ‘‘compact’’.
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1 SEC. 15. TAX EXEMPT STATUS.

2 The Act is amended by inserting after section 20 the

3 following new section:

4 ‘‘TAX EXEMPT STATUS

5 ‘‘SEC. 20A. Notwithstanding any other provision of

6 Federal law, tribally owned or chartered gaming oper7 ations shall not be subject to any Federal tax, including

8 (but not limited to) excise and corporations taxes, except

9 for the fees and assessments expressly provided for in this

10 Act.’’.

11 SEC. 16. RHODE ISLAND INDIAN CLAIMS SETTLEMENT ACT.

12 Section 9 of the Rhode Island Indian Claims Settle13 ment Act (25 U.S.C. 1708) is amended to read as follows:

14 ‘‘APPLICABILITY OF STATE LAW

15 ‘‘SEC. 9. Except as otherwise provided in this Act,

16 the settlement lands shall be subject to the civil and crimi17 nal laws and jurisdiction of the State of Rhode Island.’’.

18 SEC. 17. EFFECTIVE DATES AND TRANSITION PROVISIONS.

19 (a) PRIOR COMPACTS AND GOVERNANCE.—Notwith20 standing any other provision of the Indian Gaming Regu21 latory Act Amendments of 1999, all compacts approved

22 by the Secretary, and procedures for governance in lieu

23 of compacts promulgated by the Secretary of the Interior,

24 under the Indian Gaming Regulatory Act (25 U.S.C. 2701

25 et seq.) as in effect before the date of the enactment of

26 this Act, shall continue to be fully operative and binding
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1 on the parties and shall not be subject to revision unless

2 agreed to by the parties.

3 (b) NEGOTIATIONS.—Any tribe that requested a

4 State to negotiate a Tribal-State compact before the en5 actment of the Indian Gaming Regulatory Act Amend6 ments of 1999 and has not completed that process may

7 request the State to enter into a compact as specified

8 under section 11(d)(3)(A) of the Indian Gaming Regu9 latory Act (25 U.S.C. 2701 et seq.) as amended by this

10 Act.

11 (c) LAWFULNESS OF CERTAIN CLASS III GAMING

12 ACTIVITIES.—(1) Class III gaming activities that are as

13 a matter of Federal law lawful in any jurisdiction on the

14 date of the enactment of this Act, shall, notwithstanding

15 any provision of this Act or the amendments made by this

16 Act, remain lawful for purposes of section 11(d)(7)(C) of

17 the Indian Gaming Regulatory Act (25 U.S.C.

18 2710(d)(7)(C)), as amended by this Act.

19 (2) For purposes of Federal law, the laws in effect

20 on the date that an Indian tribe notifies the Secretary (or

21 before December 31, 1996, notified the State) that it

22 wishes to negotiate a compact, shall be the basis for deter23 mining the scope of gaming in section 11(d) of the Indian

24 Gaming Regulatory Act (25 U.S.C. 2710(d)), as amended

25 by this Act, for any compact or for procedures in lieu of
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1 a compact. For 1997 and later, laws in effect may be con2 sidered so long as these laws increase the gaming options

3 available to tribes.

4 (3) Notwithstanding any provision of this Act or the

5 amendments made by this Act—

6 (A) tribes operating Class III gaming pursuant

7 to regulations promulgated by the Department of

8 the Interior and in effect on or before the date of

9 the enactment of this Act shall be entitled to con10 duct Class III gaming activities without the approval

11 of a compact, consistent with such regulations;

12 (B) tribes with Indian lands in Wisconsin shall

13 be entitled to conduct Class III gaming activities

14 consistent with the decision of Federal district court

15 in Lac du Flambeau Band of Lake Superior Chip16 pewa Indians v. State of Wisconsin, 770 F. Supp.

17 480 (W.D. Wis. 1991);

18 (C) tribes with Indian lands in the State of

19 Washington shall be entitled to conduct or continue

20 such class III gaming activities that were actually

21 operated in such State by any Indian tribe on or be22 fore November 1, 1994, without a compact, but only

23 to the extent of the nature and scope of such class

24 III gaming activities that were in operation by any

25 Indian tribe in such State on or before such date,
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1 so long as such class III gaming activities are other2 wise in compliance with this Act or court order;

3 (D) tribes with Indian lands in the State of

4 California shall be entitled to conduct class III gam5 ing activities without a compact so long as such

6 games are limited to the nature and scope of gaming

7 activities conducted by any Indian tribe in the State

8 of California in effect on or prior to January 1,

9 1997, and such activities are otherwise in compli10 ance with this Act.

11 (d) CATAWBA INDIAN TRIBE OF SOUTH CARO12 LINA.—Nothing in this Act or the amendments made by

13 this Act shall be construed as a repeal of section 14(a)

14 of the Catawba Indian Tribe of South Carolina Land

15 Claims Settlement Act of 1993 (25 U.S.C. 941l(a)).

16 (e) DEFINITIONS.—For the purposes of this section,

17 the terms ‘‘class III gaming’’ and ‘‘Indian tribe’’ have the

18 meaning given such terms in the Indian Gaming Regu19 latory Act (25 U.S.C. 2701 et seq.).

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