PUBLIC LAW 100-497-OCT. 17, 1988 102 STAT. 2467 

Public Law 100-497 

100th Congress An Act 

Oct. 17, 1988 

To regulate gaming on Indian lands [S. 5551 

Be it enacted by the Senate and House of Representatives of the 

United States ofAmerica in Congress assembled, Indian Gaming 

That this Act may be cited as the "Indian Gaming Regulatory Act". f;~~2~O~ 

note. FINDINGS 

SEC. 2. The Congress finds that- 25 USC 2701. 

(1) numerous Indian tribes have become engaged in or have 

licensed gaming activities on Indian lands as a means of 

generating tribal governmental revenue; 

(2) Federal courts have held that section 2103 of the Revised 

Statutes (25 U.S.C. 81) requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts; 

(3) existing Federal law does not provide clear standards or 

regulations for the conduct of gaming on Indian lands., 

(4) a principal goal of Federd Indian policy is to promote 

tribal economic development, tribal self-sufficiency, and strong 

tribal government; and 

(5) Indian tribes have the exclusive right to regulate gaming 

activity on Indian lands if the gaming activity is not specifically 

prohibited by Federal law and is conducted within a State 

which does not, as a matter of criminal law and public policy, prohibit such gaming activity. 

DECLARATION OF POLICY 

SEC. 3. The purpose of this Act is- 25 USC 2702. 

(1) to provide a statutory basis for the operation of gaming by 

Indian tribes as a means of promoting tribal economic develop 

ment, ~elf-s~ciency, and strong tribal governments, 

(2) to provide a statutory basis for the regulation of gaming by 

an Indian tribe adequate to shield it from organized crime and 

other corrupting influences, to ensure that the Indian tribe is 

the primary beneficiary of the gaming operation, and to assure 

that gaming is conducted fairly and honestly by both the operator and players; and 

(3) to declare that the establishment of independent Federal 

regulatory authority for gaming on Indian lands, the establishment of Federal standards for gaming on Indian lands, and the 

establishment of a National Indian Gaming Commission are 

necessary to meet congressiofial concerns regarding gaming and 

to protect such gaming as a means of generating tribal revenue. 

DEFINITIONS 

SEC. 4. For purposes of this Act- 25 USC 2703. 
102 STAT. 2468 PUBLIC LAW 100-497-OCT. 17, 1988 

(1) The term "Attorney General" means the Attorney General 

of the United States. 

(2) The term "Chairman" means the Chairman of the National Indian Gaming Commission. 

(3) The term "Commission" means the National Indian 

Gaming Commission established pursuant to section 5 of this 

Act. 

(4) The term "Indian lands" means- 

(A) all lands within the limits of any Indian reservation; 

and 

(B) any lands title to which is eitber held in trust by the 

United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to 

restriction by the United States against alienation and over 

which an Indian tribe exercises governmental power. 

(5) The term "Indian tribe" means any Indian tribe, band, 

nation, or other organized group or community of Indians 

which- 

(A) is recognized as eligible by the Secretary for the 

special programs and services provided by the United 

States to Indians because of their status as Indians, and 

(B) is recognized as possessing powers of self-government. 

(6) The term "class I gaming" means social games solely for 

prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as a part of, or in connection with, 

tribal ceremonies or celebrations. 

(7)(A) The term "class I1 gaming" means- 

(i) the game of chance commonly known as bingo 

(whether or not electronic, computer, or other technologic 

aids are used in connection therewith)- 

(I) which is played for prizes, incIuding monetary 

prizes, with cards bearing numbers or other designations, 

(11) in which the holder of the card covers such 

numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined, and 

(111) in which the game is won by the first person 

covering a previously designated arrangement of numbers or designations on such cards, 

including (if played in the same location) pull-tabs, lotto, 

punch boards, tip jars, instant bingo, and other games similar to bingo, and 

(ii) card games that- 

(I) are explicitly authorized by the laws of the State, 

or 

GI) are not explicitly prohibited by the laws of the 

State and are played at any location in the State, 

but only if such card games are played in conformity with 

those laws and regulations (if any) of the State regarding 

hours or periods of operation of such card games or limitations on wagers or pot sizes in such card games. (B) The term "class I1 gaming" does not include- 

(i) any banking card games, including baccarat, chemin 

de fer, or blackjack (211, or 
PUBLIC LAW 100-497-OCT. 17, 1988 102 STAT. 2469 

(ii) electronic or electromechanical facsimiles of any game of chance or slot machines of any kind. 

(C) Notwithstanding any other provision of this paragraph, the term "class I1 gaming" includes those card games played in 

the State of Michigan, the State of North Dakota, the State of 

South Dakota, or the State of Washington, that were actually operated in such State by an Indian tribe on or before May 1, 1988, but only to the extent of the nature and scope of the card 

games that were actually operated by an Indian tribe in such 

State on or before such date, as determined by the Chairman. 

CD) Notwithstanding any other provision of this paragraph, the term "class 11 gaming" includes, during the 1-year period beginning on the date of enactment of this Act, any gaming described in subparagraph (B)(ii) that was legally operated on Indian lands on or before May 1,1988, if the Indian tribe having jurisdiction over the lands on which such gaming was operated 

requests the State, by no later than the date that is 30 days after the date of enactment of this Act, to negotiate a TribalState compact under section ll(dl(3). 

(8) The term "class I11 gaming" means all forms of gaming that are not class'f gaming or class II gaming. (9) The term net revenues" means gross revenues of an 

Indian gaming activity less amounts paid out as, or paid for, 

prizes and total operating expenses, excluding management fees. 

(10) The term "Secretary" means the Secretary of the 

Interior. 

NATIONAL INDIAN GAMING COMMISSION 

SEC. 5. (a) There is established within the Department of the Establishment. 

Interior a Commission to be known as the National Indian Gaming 25 USC 2704. 

Commission. 

(b)(l) The Commission shall be composed of three full-time membe. s \ .-ho shall bz appointed as follows: 

(A) a Chairman, who shall be appointed by the President with President of U.S. 

the advice and consent of the Senate; and 

(B; two associate members who shall be appointed by the 

Secretary of the Interior. 

(2)(A) The Attorney General shall conduct a background investiga- tion on any person considered for appointment to the Commission. 

(B) The Secretary shall publish in the Federal Register the name Federal 

and other information the Secretary deems pertinent regarding a Register, 

nominee for membership on the Commission and shall allow a publication. 

period of not less than thirty days for receipt of public comment. 

(3) Not more than two members of the Commission shall be of the 

same political party. At least two members of the Commission shall 

be enrolled members of an Indian tribe. 

(4HA) Except as providedrin subparagraph (B), the term of office of 

the members of the Commission shall be three years. (B) Of the initial members of the Commission- 

(i) two members, including the Chairman, shall have a term of 

office of three years; and 

(ii) one member shall have a term of office of one year. (5) No individual shall be eligible for any appointment to, or to 

continue service on, the Commission, who- 

(A) has been convicted of a felony or gaming offense; 
102 STAT. 2470 PUBLIC LAW 100-497-OCT. 17, 1988 

(B) has any financial interest in, or management responsibil- ity for, any gaming activity; or 

(C) has a f"mancia1 interest in, or management responsibility 

for, any management contract approved pursuant to section 12 

of this Act. 

President of U.S. (6) A Commissioner may only be removed from office before the 

expiration of the term of office of the member by the President (or, 

in the case of associate member, by the Secretary) for neglect of 

duty, or malfeasance in office, or for other good cause shown. 

(c) Vacancies occurring on the Commission shall be filled in the 

same manner as the original appointment. A member may serve 

after the expiration of his term of office until his successor has been 

appointed, unless the member has been removed for cause under 

subsection (bI(6). 

(dl Two members of the Commission, at least one of which is the 

Chairman or Vice Chairman, shall constitute a quorum. 

(el The Commission shall select, by majority vote, one of the 

members of the Commission to serve as Vice Chairman. The Vice 

Chairman shall serve as Chairman during meetings of the Commission in the absence of the Chairman. 

(f) The Commission shall meet at the call of the Chairman or a 

majority of its members, but shall meet at least once every 4 

months. 

(g)(l) The Chairman of the Commission shall be paid at a rate 

equal to that of level IV of the Executive Schedule under section 

5315 of title 5, United States Code. 

(2) The associate members of the Commission shall each be paid at 

a rate equal to that of level V of the Executive Schedule under 

section 5316 of title 5, United States Code. 

(3) All members of the Commission shall be reimbursed in accordance with title 5, United States Code, for travel, subsistence, and 

other necessary expenses incurred by them in the performance of 

their duties. 

POWERS OF THE CHAIRMAN 

25 USC 2705. SEC. 6. (a) The Chairman, on behalf of the Commission, shall have 

power, subject to an appeal to the Commission, to- 

(1) issue orders of temporary closure of gaming activities as 

provided in section 14(b); 

(2) levy and collect civil fines as provided in section 14(a); 

(3) approve tribal ordinances or resolutions regulating class I1 

gaming and class I11 gaming as provided in section 11; and 

(4) a prove management contracts for class I1 gaming and 

class I R gaming as provided in sections ll(dI(9) and 12. 

(b) The Chairman shall have such other powers as may be dele- gated by the Commission. 

POWERS OF THE COMMISSION 

25 usc 2706. SEC. 7. (a) The Commission shall have the power, not subject to 

delegation- 

(1) upon the recommendation of the Chairman, to approve the 

annual budget of the Conlmission as provided in section 18; 

(2) to adopt regulations for the assessment and collection of 

civil fines as provided in section 14(a); 

(3) by an affirmative vote of not less than 2 members, to 

establish the rate of fees as provided in section 18; 
PUBLIC LAW 100-497-OCT. 17,1988 102 STAT. 2471 

(4) by an affirmative vote of not less than 2 members, to 

authorize the Chairman to issue subpoenas as provided in section 16; and 

(5) by an affirmative vote of not less than 2 members and 

after a full hearing, to make permanent a temporary order of 

the Chairman closing a gaming activity as provided in section 

14(b)(2). (b) The Commission- 

(1) shaIl monitor class I1 gaming conducted on Indian lands on 

a continuing basis; 

(2) shall inspect and examine all premises located on Indian 

lands on which class I1 gaming is conducted; 

(3) shall conduct or cause to be conducted such backmound - 

investigations as may be necessary; (4) may demand access to and inspect, examine, photocopy, and audit all papers, books, and records respecting gross revenues of class I1 gaming conducted on Indian lands and any other 

matters necessary to carry out the duties of the Commission 

under this Act; 

(5) may use the United States mail in the same manner and 

under the same conditions as any department or agency of the 

United States; 

(6) may procure supplies, services, and property by contract in 

accordance with applicable Federal laws and regulations; 

(7) may enter into contracts with Federal, State, tribal and 

private entities for activities necessary to the discharge of the 

duties of the Commission and, to the extent feasible, contract 

the enforcement of the Commission's regulations with the 

Indian tribes; 

(8) may hold such hearings, sit and act at such times and 

places, take such testimony, and receive such evidence as the 

Commission deems appropriate; 

(9) may administer oaths or affirmations to witnesses appear- ing before the Commission; and 

(10) shall promulgate such regulations and guidelines as it Regulations. 

deems appropriate to implement the provisions of this Act. 

(c) The Commission shall submit a report with minority views, if Reports. 

any, to the Congress on December 31, 1989, and every two years 

thereafter. The report shall include information on- 

(1) whether the associate commissioners should continue as 

full or part-time officials; 

(2) funding, including income and expenses, of the Commission; 

(3) recommendations for amendments to the Act; and 

(4). any other matter considered appropriate by the Commission. 

COMMISSION STAFFING 

SEC. 8. (a) The Chairman shall appoint a General Counsel to the 2s usc 2707. 

Commission who shall be paid at the annual rate of basic pay payable for GS-18 of the General Schedule under section 5332 of 

title 5, United States Code. 

(b) The Chairman shall appoint and supervise other staff of the 

Commission without regard to the revisions of title 5, United States 

Code, overning appointments in tRe competitive service. Such staff shall % e paid witbout regard to the provisions of chapter 51 and 

subchapter 111 of chapter 53 of such title relating to classification 
102 STAT. 2472 PUBLIC LAW 100-497-OCT. 17,1988 

and General Schedule pay rates, except that no individual so ap 

pointed may receive pay in excess of the annual rate of basic pay 

payable for GS-17 of the General Schedule under section 5332 of 

that title. 

(c) The Chairman may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates 

for individuals not to exceed the daily equivalent of the maximum 

annual rate of basic pay payable for GS-18 of the General Schedule. 

(dl Upon the request of the Chairman, the head of any Federal 

agency is authorized to detail any of the personnel of such agency to 

the Commission to assist the Commission in carrying out its duties 

under this Act, unless otherwise prohibited by law. 

(el The Secretary or Administrator of General Services shall 

provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. 

COMMISSION-ACCESS TO INFORMATlON 

25 USC 2708. SEC. 9. The Commission may secure from any department or 

agency of the United States information necessary to enable it to 

carry out this Act. Upon the request of the Chairman, the head of 

such department or agency shall furnish such information to the 

Commission, unless otherwise prohibited by law. 

INTERIM AUTHORITY TO REGULATE GAMING 

25 usc 2709. SEC. 10. Notwithstanding any other provision of this Act, the 

Secretary shall continue to exercise those authorities vested in the 

Secretary on the day before the date of enactment of this Act 

relating to supervision of Indian gaming until such time as the 

Commission is organized and prescribes regulations. The Secretary 

shall provide staff and support assistance to facilitate an orderly transition to regulation of Indian gaming by the Commission. 

TRIBAL GAMING ORDINANCES 

25 usc 2710. SEC. 11. (a)(l) Class I gaming on Indian lands is within the 

exclusive jurisdiction of the Indian tribes and shall not be subject to 

the provisions of this Act. 

(2) Any class 11 gaming on Indian lands shall continue to be within 

the jurisdiction of the Indim tribes, but shall be subject to the 

provisions of this Act. 

(b)(l) An Indian tribe may engage in, or license and regulate, class 

I1 gaming on Indian lands within such tribe's jurisdiction, if- 

(A) such Indian gaming is located within a State that permits such gaming for any purpose by any person, organization or 

entity (and such gaming is not otherwise specifically prohibited 

on Indian lands by Federal law), and 

(B) the governing body of the Ind~an tribe adopts an ordinance 

or resolution which is approved by the Chairman. 

A separate license issued by the Indian tribe shall be required for each place, facility, or location on Indian lands at which class I1 

gaming is conducted. 

(2) The Chairman shall approve any tribal ordinance or resolution 

concerning the conduct, or regulation of class 11 gaming on the 

Indian lands within the tribe's jurisdiction if such ordinance or 

resolution provides that- 
PUBLIC LAW 100-497-OCT. 17,1988 102 STAT. 2473 

(A) except as provided in paragraph (41, the Indian tribe will 

have the sole proprietary interest and responsibility for the 

conduct of any gaming activity; (B) net revenues from any tribal gaming are not to be used for 

purposes other than- 

(i) to fund tribal government operations or programs; (ii) to provide for the general welfare of the Indian tribe 

and its members; 

(iii) to promote tribal economic development; (iv) to donate to charitable organizations; or 

(v) to help fund o erations of local government agencies; (C) annual outside au&ts of the gaming, which may be encompassed withm existing independent tribal audit systems, will be 

provided by the Indian tribe to the Commission; CD) all contracts for supplies, services, or concessions for a 

contract amount in excess of $25,000 annually (except contracts 

for professional legal or accounting services) relating to such 

gaming shall be subject to such independent audits; (El the construction and maintenance of the gaming facility, and the operation of that gaming is conducted in a manner 

which adequately protects the environment and the public health and safety; and 

(F) there is an adequate system which- 

(i) ensures that background investigations are conducted 

on the primary management officials and key employees of 

the gaming enterprise and that oversight of such officials 

and their management is conducted on an ongoing basis; 

and 

(ii) includes- 

(I) tribal licenses for primary management officials 

and key employees of the gammg enterprise with 

prom t notification to the Commission of the issuance 

of suc K licenses; 

(11) a standard whereby any person whose prior activities, criminal record, if any, or reputation, habits 

and associations pose a threat to the public interest or 

to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of 

gaming shall not be eligible for employment; and 

(111) notification by the Indian tribe to the Commission of the results of such background check before the 

issuance of any of such licenses. 

(3) Net revenues from any class 11 gaming activities conducted or 

licensed by any Indian tribe may be used to make per capita 

payments to members of the Indian tribe only if- 

(A) the lndian tribe has prepared a plan to allocate revenues 

to uses authorized by para aph (2)(B); 03) the plan is approved y r the Secretary as adequate, particu- larly with respect to uses described in clause (i) or (iii) of 

paragraph (2103); (C) the interests of minors and other legally incompetent 

persons who are entitled to receive any of the per capita payments are protected and preserved and the per capita payments 

are disbursed to the parents or legal guardian of such minors or 

legal incompetents in such amounts as may be necessary for the 

health, education, or welfare, of the minor or other legally 

Contracts. 

Environmental 

protection. 

Safety. 

Law 

enforcement and 

crime. 

Children and 

youth. 
102 STAT. 2474 PUBLIC LAW 100-497-OCT. 17, 1988 

incompetent person under a plan approved by the Secretary and the governing body of the Indian tribe; and 

Taxes. (Dl the per capita payments are subject to Federal taxation 

and tribes notify members of such tax liability when payments 

are made. 

(4)(A) A tribal ordinance or resolution may provide for the licensing or regulation of class 11 gaming activities owned by any person 

or entity other than the Indian tribe and conducted on Indian lands, 

only if the tribal licensing requirements include the requirements described in the subclauses of subparagraph (BXi) and are at least as 

restrictive as those established by State law governing similar 

gaming within the jurisdiction of the State within which such 

Indian lands are located. No person or entity, other than the Indian 

tribe, shall be eligible to receive a tribal license to own a class I1 

gaming activity conducted on Indian lands within the jurisdiction of 

the Indian tribe if such person or entity would not be eligible to 

receive a State license to conduct the same activity within the 

jurisdiction of the State. 

(B)(i) The provisions of subparagraph (A) of this paragraph and 

the provisions of subparagraphs (A) and (B) of paragraph (2) shall 

not bar the continued operation of an individually owned class I1 

gaming operation that was operating on September 1, 1986, if- 

(I) such gaming operation is licensed and regulated by an 

Indian tribe pursuant to an ordinance reviewed and approved by the Commission in accordance with section 13 of the Act, 

(11) income to the Indian tribe from such gaming is used only for the pur oses described in paragraph (2)(B) of this subsection, 

(111) not Ess than 60 percent of the net revenues is income to 

the Indian tribe, and 

(IV) the owner of such gaming operation pays an appropriate 

assessment to the National Indian Gaming Commission under 

section 18(a)(l) for regulation of such gaming. (ii) The exemption from the application of this subsection provided under this subparagraph may not be transferred to any person or 

entity and shall remain in effect only so long as the gaming activity remains within the same nature and scope as operated on the date 

of enactment of this Act. 

Federal (iii) Within sixty days of the date of enactment of this Act, the 

Register, 

publication. Secretary shall prepare a list of each individual1 owned gaming 

the Federal Register. operation to which clause (i) applies and shall pu z lish such list in 

(c)(l) The Commission may consult with appropriate law enforcement officials concerning gaming licenses issued by an Indian tribe 

and shall have thirty days to notify the Indian tribe of any objec- tions to issuance of such license. 

(2) If, after the issuance of a gaming license by an Indian tribe, 

reliable information is received from the Commission indicating that a primary management official or key employee does not meet 

the standard established under subsection (b)(2)(F)(iiXII), the Indian 

tribe shall suspend such license and, after notice and hearing, may revoke such license. 

(3) Any Indian tribe which operates a class I1 gaming activity and 

which- 

(A) has continuously conducted such activity for a period of 

not less than three years, including at least one year after the 

date of the enactment of this Act; and 

(B) has otherwise complied with the provisions of this section 
PUBLIC LAW 100-497-OCT. 17, 1988 102 STAT. 2475 

may petition the Conmission for a certificate of self-regulation. 

(4) The Commission shall issue a certificate of self-regulation if it 

determines from available information, and after a hearing if requested by the tribe, that the tribe has- 

(A) conducted its gaming activity in a manner which- 

(i) has resulted in an effective and honest accounting of 

all revenues; 

(ii) has resulted in a reputation for safe, fair, and honest 

operation of the activity; and 

(iii) has been generally free of evidence of criminal or 

dishonest activity; 

(B) adopted and is implementing adequate systems for- 

(i) accounting for all revenues from the activity; 

(ii) investigation, licensing, and monitoring of all employees of the gaming activity; and 

(iii) investigation, enforcement and prosecution of viola- Law 

tions of its gaming ordinance and regulations; and enforcement and 

(C) conducted the operation on a fiscally and economically Crl"e' 

sound basis. 

(5) During any year in which a tribe has a certificate for selfregulation- 

(A) the tribe shall not be subject to the provisions of para- graphs (11, (21, (3), and (4) of section 7@); 

(B) the tribe shall continue to submit an annual independent 

audit as required by section ll@)(2)(C) and shall submit to the 

Commission a complete resume on all employees hired and 

licensed by the tribe subsequent to the issuance of a certificate 

of self-regulation; and 

(C) the Commission may not assess a fee on such activity 

pursuant to section 18 in excess of one quarter of 1 per centum 

of the gross revenue. 

(6) The Commission may, for just cause and after an opportunity 

for a hearing, remove a certificate of self-regulation by majority vote of its members. 

(d)(l) Class 111 gaming activities shall be lawful on Indian lands 

only if such activities are- 

(A) authorized by an ordinance or resolution that- 

(i) is adopted by the governing body of the Indian tribe 

having jurisdiction over such lands, 

(ii) meets the requirements of subsection (b), and 

(iii) is approved by the Chairman, 

(I31 located in a State that permits such gaming for any 

purpose by any person, organization, or entity, and 

(C) conducted in conformance with a Tribal-State compact 

entered into by the Indian tribe and the State under paragraph (3) that is in effect. 

(2)(A) If any Indian tribe proposes to engage in, or to authorize any 

person or entity to engage in, a class 111 gaming activity on Indian 

lands of the Indian tribe, the governing body of the Indian tribe 

shall adopt and submit to the Chairman an ordinance or resolution 

that meets the requirements of subsection (b). 

(B) The Chairman shall approve any ordinance or resolution 

described in subparagraph (A), unless the Chairman specifically determines that- 

(i) the ordinance or resolution was not adopted in compliance 

with the governing documents of the Indian tribe, or 
102 STAT. 2476 PUBLIC LAW 100-497-OCT. 17, 1988 

Federal 

Register, 

publication 

Effective date. 

Federal 

Register, 

publication. 

Law 

enforcement and cnme. 

Federal 

Register, 

publication. 

Law 

enforcement and 

crime. 

(ii) the tribal governing body was significantly and unduly influenced in the adoption of such ordinance or resolution by 

any person identified in section 12(e)(l)(D). 

Upon the approval of such an ordinance or resolution, the Chairman 

shall publish in the Federal Register such ordinance or resolution 

and the order of approval. (C) Effective with the publication under subparagraph (B) of an 

ordinance or resolution adopted by the governing body of an Indian 

tribe that has been approved by the Chairman under subparagraph (B), class I11 gaming activity on the Indian lands of the Indian tribe 

shall be fully subject to the terms and conditions of the T~ibal-State 

compact entered into under paragraph (3) by the Indian trlbe that is 

in effect. 

(DM The governing body of an Indian tribe, in its sole discretion 

and without the approval of the Chairman, may adopt an ordinance 

or resolution revoking any prior ordinance or resolution that authorized class I11 gaming on the Indian lands of the Indian tribe. 

Such revocation shall render class I11 gaming illegal on the Indian 

lands of such Indian tribe. 

(ii) The Indian tribe shall submit any revocation ordinance or 

resolution described in clause (i) to the Chairman. The Chairman 

shall publish such ordinance or resolution in the Federal Register 

and the revocation provided by such ordinance or resolution shall 

take effect on the date of such publication. (iii) Notwithstanding any other provision of this subsection- 

(I) any person or entity operating a class 111 gaming activity 

pursuant to this paragraph on the date on which an ordinance 

or resolution described in clause (i) that revokes authorization 

for such class I11 gaming activity is published in the Federal 

Register may, during the 1-year period beginning on the date on 

which such revocation ordinance or resolution is published under clause (ii), continue to operate such activity in conformance with the Tribal-State compact entered into under para- graph (3) that is in effect, and 

(11) any civil action that arises before, and any crime that is 

committed before, the close of such 1-year period shall not be 

affected by such revocation ordinance or resolution. 

(3)(A) Any Indian tribe having jurisdiction over the Indian lands 

upon which a class 111 gaming activity is being conducted, or is to be 

conducted, shall request the State in which such lands are located to 

enter into negotiations for the purpose of entering into a TribalState compact governing the conduct of gaming activities. Upon receiving such a request, the State shall negotiate with the Indian 

tribe in good faith to enter into such a compact. (B) Any State and any Indian tribe may enter into a Tribal-State 

compact governing gaming activities on the Indian lands of the 

Indian tribe, but such compact shall take effect only when notice of 

approval by the Secretary of such compact has been published by 

the Secretary in the Federal Register. 

(C) Any Tribal-State compact negotiated under subparagraph (A) 

may include provisions relating to- 

(i) the application of the criminal and civil laws and regula- tions of the Indian tribe or the State that are directly related to, 

and necessary for, the licensing and regulation of such activity; 

(ii) the allocation of criminal and civil jurisdiction between the State and the Indian tribe necessary for the enforcement of 

such laws and regulations; 
PUBLIC LAW 100-497-OCT. 17,1988 102 STAT. 2477 

(iii) the assessment by the State of such activities in suck 

amounts as are necessary to defray the costs of regulating such activity; 

(iv) taxation by the Indian tribe of such activity in amounts Taxes. 

comparable to amounts assessed by the State for comparable activities; 

(v) remedies for breach of contract; Contracts. 

(vi) standards for the operation of such activity and maintenance of the gaming facility, including licensing; and 

(vii) any other subjects that are directly related to the operation of gaming activities. 

(4) Except for any assessments that may be agreed to under State and local 

paragraph (3)(C)(iii) of this subsection, nothing in this section shall governments. 

be interpreted as conferring upon a State or any of its political subdivisions authority to impose any tax, fee, charge, or other 

assessment upon an Indian tribe or upon any other person or entity 

authorized by an Indian tribe to engage in a class 111 activity. No 

State may refuse to enter into the negotiations described in paragraph (3)(A) based upon the lack of authority in such State, or its 

political subdivisions, to impose such a tax, fee, charge, or other 

assessment. 

(5) Nothing in this subsection shall impair the right of an Indian 

tribe to regulate class 111 gaming on its Indian lands concurrently 

with the State, except to the extent that such regulation is inconsistent with, or less stringent than, the State laws and regulations made 

applicable by any Tribal-State compact entered into by the Indian 

tribe under paragraph (3) that is in effect. 

(6) The provisions of section 5 of the Act of January 2, 1951 (64 

Stat. 1135) shall not apply to any gaming conducted under a TribalState compact that- 

(A) is entered into under paragraph (3) by a State in which 

gambling devices are legal, and 

(B) is in effect. 

(7)(A) The United States district courts shall have jurisdiction Courts, U.S. 

over- - 

(i) any cause of action initiated by an Indian tribe arising from the failure of a State to enter into negotiations with the 

Indian tribe for the purpose of entering into a Tribal-State 

compact under paragraph (3) or to conduct such negotiations in 

good faith, 

(ii) any cause of action initiated by a State or Indian tribe to 

enjoin a class I11 gamin activit located on Indian lands and 

conducted in violation ofany ~rigal-state compact entered into 

under paragraph (3) that is in effect, and 

(iii) any cause of action initiated by the Secretary to enforce 

the procedures prescribed under subparagraph (B)(vii). (B)(i) An Indian tribe may initiate a cause of action described in 

subparagraph (A)(i) only after the close of the 180day period beginning on the date on which the Indian tribe requested the State to 

enter into negotiations under paragraph (3)(A). 

(ii) In any action described in subparagraph (A)(i), upon the 

introduction of evidence by an Indian tribe that- 

(I) a Tribal-State compact has not been entered inte under 

paragraph (31, and 

(11) the State did not respond to the request of the Indian tribe 

to negotiate such a compact or did not respond to such request in good faith, 
102 STAT. 2478 PUBLIC LAW 100-497-OCT. 17, 1988 

the burden of roof shall be upon the State to prove that the State 

has negotiatecfwith the Indian tribe in good faith to conclude a 

Tribal-State compact governing the conduct of gaming activities. 

(iii) If, in any action described in subparagraph (Mi), the court 

finds that the State has failed to negotiate in good faith wnth the 

Indian tribe to conclude a Tribal-State compact governing the conduct of gaming activities, the court shall order the State and the 

Indian Tribe to conclude such a compact within a 60-day period. In 

determining in such an action whether a State has negotiated in 

good faith, the court- 

(I) may take into account the public interest, public safety, 

criminality, financial integrity, and adverse economic impacts 

on existing gaming activities, and 

(11) shall consider any demand by the State for direct taxation 

of the Indian tribe or of any Indian lands as evidence that the 

State has not negotiated in good faith. 

(iv) If a State and an Indian tribe fail to conclude a Tribal-State 

compact governing the conduct of gaming activities on the Indian 

lands subject to the jurisdiction of such Indian tribe within the 60- 

day period provided in the order of a court issued under clause (iii), 

the Indian tribe and the State shall each submit to a mediator 

appointed by the court a proposed compact that represents their last 

best offer for a compact. The mediator shall select from the two 

proposed compacts the one which best comports wnth the terms of 

this Act and any other applicable Federal law and with the findings 

and order of the court. 

(v) The mediator appointed by the court under clause (iv) shall 

submit to the State and the Indian tribe the compact selected by the 

mediator under clause (iv). 

(vi) If a State consents to a proposed compact during the 60-day period beginning on the date on which the proposed compact is 

submitted by the mediator to the State under clause (v), the pro- posed compact shall be treated as a Tribal-State compact entered 

into under paragraph (3). 

(vii) If the State does not consent during the 60day period described in clause (vi) to a proposed compact submitted by a mediator 

under clause (v), the mediator shall notify the Secretary and the 

Secretary shall prescribe, in consultation with the Indian tribe, 

procedures- (I) which are consistent with the proposed compact selected by the mediator under clause (iv), the provisions of this Act, and 

the relevant provisions of the laws of the State, and 

(11) under which class 111 gaming may be conducted on the 

Indian lands over which the Indian tribe has jurisdiction. 

(8)(A) The Secretary is authorized to approve any Tribal-State 

compact entered into between an Indian tribe and a State governing gaming on Indian lands of such Indian tribe. 

(B) The Secretary may disapprove a compact described in subparagraph (A) only if such compact violates- 

(i) any provision of this Act, 

(ii) any other provision of Federal law that does not relate to 

jurisdiction over gaming on Indian lands, or 

(5i) the trust obligations of the United States to Indians. 

(C) If the Secretary does not approve or disapprove a compact 

described in subparagraph (A) before the date that is 45 days after 

the date on which the compact is submitted to the Secretary for 

appraval, the compact shall be considered to have been approved by 
PUBLIC LAW 100-497-OCT. 17, 1988 102 STAT. 2479 

the Secretary, but only to the extent the compact is consistent with 

the provisions of this Act. 

(Dl The Secretary shall publish in the Federal Register notice of Federal 

any Tribalstate compact that is approved, or considered to have Register, 

been approved, under this paragraph. publication. 

(9) An Indian tribe may enter into a management contract for the Contracts. 

operation of a class 111 gaming activity if such contract has been 

submitted to, and approved by, the Chairman. The Chairman's 

review and approval of such contract shalI be governed by the 

provisions of subsections (b), (c), (dl, (0, (g), and (h) of section 12. 

(el For purposes of this section, by not later than the date that is 

90 days after the date on which any tribal gaming ordinance or 

resolution is submitted to the Chairman, the Chairman shall ap 

prove such ordinance or resolution if it meets the requirements of 

this section. Any such ordinance or resolution not acted upon at the 

end of that 9Oday period shd be considered to have been approved 

by the Chairman, but only to the extent such ordinance or resolution is consistent with the provisions of this Act. 

MANAGEMENT CONTRACTS 

SEC. 12. (a)(l) Subject to the approval of the Chairman, an Indian 25 USC 2711. 

tribe may enter into a management contract for the operation and 

management of a class 11 gaming activity that the Indian tribe may 

engage in under section ll(b)(l), but, before approving such contract, 

the Chairman shall require and obtain the following information: 

(A) the name, address, and other additional pertinent background information on each person or entity (including individuals comprising such entity) having a direct financial interest 

in, or management responsibility for, such contract, and, in the 

case of a corporation, those individuals who serve on the board 

of directors of such corporation and each of its stockholders who 

hold (directly or indirectly) 10 percent or more of its issued and 

outstanding stock; 

(B) a description of any previous experience that each person 

listed pursuant to subparagraph (A) has had with other gaming contracts with Indian tribes or with the gaming industry gen- erally, including specifically the name and address of any 

licensing or regulatory agency with which such person has had 

a contract relating to gaming; and 

(C) a complete financial statement of each person listed pursuant to subparagraph (A). 

(2) Any person listed pursuant to paragraph (lXA) shall be requlred to respond to such written or oral questions that the Chairman may propound in accordance with his responsibilities under 

this section. 

(3) For purposes of this Act, any reference to the management 

contract described in paragraph (1) shall be considered to include all 

coUateral agreements to such contract that relate to the gaming activity. 

(b) T-he Chairman may approve any management contract entered into pursuant to this section only if he determines that it provides at 

least- 

(1) for adequate accounting procedures that are maintained, 

and for verifiable financial rep01-ts that are prepared, by or for 

the tribd governing body on a monthly basis; 
102 STAT. 2480 PUBLIC LAW 100-497-OCT. 17, 1988 

(2) for access to the daily operations of the gaming to appro- priate tribal officials who shall also have a right to verify the 

daily gross revenues and income made from any such tribal 

gaming activity; (3) for a minimum guaranteed payment to the Indian tribe 

that has preference over the retirement of development and 

construction costs; 

(4) for an agreed ceiling for the repayment of development and construction costs; 

(5) for a contract term not to exceed five years, except that, 

upon the request of an Indian tribe, the Chairman may authorize a contract term that exceeds five years but does not 

exceed seven years if the Chairman is satisfied that the capital investment required, and the income projections, for the 

particular gaming activity require the additional time; and 

(6) for grounds and mechanisms for terminating such contract, but actual contract termination shall not require the 

approval of the Commission. 

(c)(l) The Chairman may approve a management contract provid- ing for a fee based upon a percentage of the net revenues of a tribal 

gaming activity if the Chairman determines that such percentage 

fee is reasonable in light of surrounding circumstances. Except as 

otherwise provided in this subsection, such fee shall not exceed 30 

percent of the net revenues. 

(2) Upon the request of an Indian tribe, the Chairman may 

approve a management contract providing for a fee based upon a 

percentage of the net revenues of a tribal gaming activity that 

exceeds 30 percent but not 40 percent of the net revenues if the 

Chairman is satisfied that the capital investment required, and 

income projections, for such tribal gaming activity require the 

additional fee requested by the Indian tribe. 

(dl By no later than the date that is 180 days after the date on 

which a management contract is submitted to the Chairman for 

approval, the Chairman shall approve or disapprove such contract 

on its merits. The Chairman may extend the 180day period by not 

more than 90 days if the Chairman notifies the Indian tribe in 

writing of the reason for the extension. The Indian tribe may bring 

an action in a United States district court to compel action by the 

Chairman if a contract has not been approved or disapproved within 

the period required by this subsection. 

(e) The Chairman shall not approve any contract if the Chairman 

determines that- 

(1) any person listed pursuant to subsection (a)(lNA) of this 

section- 

(A) is an elected member of the governing body of the 

Indian tribe which is the party to the management contract; 

(B) has been or subseauentlv is convicted of any felons or 

gaming offense; 

(C) has knowingly and willfully provided materially important false statements or information to the Commission or the Indian tribe ~ursuant to this Act or has refused 

to respond to questions propounded pursuant to subsection 

(a)(2); or 

(D) has been determined to be a person whose prior activities, criminal record if any, or reputation, habits, and 

associations pose a threat to the public interest or to the 
PUBLIC LAW 100-497-OCT. 17, 1988 102 STAT. 2481 

effective regulation and control of gaming, or create or 

enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or 

the carrying on of the business and financial arrangements 

incidental thereto; 

(2) the management contractor has, or has attempted to, 

unduly interfere or influence for its gain or advantage any 

decision or process of tribal government relating to the gaming 

activity; 

(3) the management contractor has deliberately or substantially failed to comply with the terms of the management 

contract or the tribal gaming ordinance or resolution adopted 

and approved pursuant to this Act; or 

(4) a trustee, exercising the skill and diligence that a trustee 

is commonly held to, would not approve the contract. 

(0 The Chairman, after notice and hearing, shall have the authority to require appropriate contract modifications or may void any 

contract if he subsequently determines that any of the provisions of 

this section have been violated. 

(g) No management contract for the operation and management of Real property. 

a gaming activity regulated by this Act shall transfer or, in any 

other manner, convey any interest in land or other real property, 

unless specific statutory authority exists and unless clearly specified in writing in said contract. 

(h) The authority of the Secretary under section 2103 of the 

Revised Statutes (25 U.S.C. 81), relating to management contracts 

regulated . . pursuant to this Act, is hereby transferred to the Commission. 

(i) The Commission shall require a potential contractor to pay a 

fee to cover the cost of the investigation necessary to reach a 

determination required in subsection (el of this section. 

REVIEW OF EXISTING ORDINANCES AND CONTRACTS 

SEC. 13. (a) AS soon as practicable after the organization of the 25 uSC 2712. 

Commission, the Chairman shall notify each Indian tribe or 

management contractor who, prior to the enactment of this Act, 

adopted an ordinance or resolution authorizing class I1 gaming or 

class I11 gaming or entered into a management contract, that such 

ordinance, resolution, or contract, including all collateral agree- ments relating to the gamin activity, must be submitted for his 

review within 60 days of sucg notification. Any activity conducted 

under such ordinance, resolution, contract, or agreement shall be 

valid under this Act, or any amendment made by this Act, unless 

disapproved under this section. 

(b)(l) By no later than the date that is 90 days after the date on 

which an ordinance or resolution authorizing class I1 gaming or 

class I11 gaming is submitted to the Chairman pursuant to subsection (a), the Chairman shall review such ordinance or resolution to 

determine if it conforms to the reuuirements of section 116) of this 

Act. 

(21 If the Chairman determines that an ordinance or resolution 

submitted under subsection (a) conforms to the requirements of 

section ll(b1, the Chairman shall approve it. 

(3) If the Chairman determines that an ordinance or resolution 

submitted under subsection (a) does not conform to the requirements of section ll(b), the Chairman shall provide written notification of 
102 STAT. 2482 PUBLIC LAW 100-497-OCT. 17, 1988 

necessary modifications to the Indian tribe which shall have not 

more than 120 days to bring such ordinance or resolution into 

compliance. 

(c)(l) Within 180 days after the submission of a management 

contract, including all collateral agreements, pursuant to subsection 

(a). the Chairman shall subiect such contract to the reauirements 

&d process of section 12. 

" 

(2) If the Chairman determines that a management contract 

submitted under subsection (a), and the management contractor under such contract, meet the requirements of section 12, the 

Chairman shall approve the management contract. 

(3) If the Chairman determines that a contract submitted under 

subsection (a), or the management contractor under a contract 

submitted under subsection (a), does not meet the requirements of 

section 12, the Chairman shall provide written notification to the 

parties to such contract of necessary modifications and the parties 

shall have not more than 120 days to come into compliance. If a 

management contract has been approved by the Secretary prior to 

the date of enactment of this Act, the parties shall have not more 

than 180 days after notification of necessary modifications to come 

into compliance. 

CIVIL PENALTIES 

25 usc 2713. SEC. 14. (a)(l) Subject to such regulations as may be prescribed by 

the Commission, the Chairman shall have authority to levy and 

collect appropriate civil fines, not to exceed $25,000 per violation, 

against the tribal operator of an Indian game or a management 

contractor engaged in gaming for any violation of any provision of 

this Act, any regulation prescribed by the Commission pursuant to 

this Act, or tribal regulations, ordinances, or resolutions approved 

under section 11 or 13. 

Regulations. (2) The Commission shall, by regulation, provide an opportunity for an appeal and hearing before the Commission on fines levied and 

collected by the Chairman. 

(3) Whenever the Commission has reason to believe that the tribal 

operator of an Indian game or a management contractor is engaged 

in activities regulated by this Act, by regulations prescribed under 

this Act, or by tribal regulations, ordinances, or resolutions, ap 

proved under section 11 or 13, that may result in the imposition of a 

fine under subsection (a)(l), the permanent closure of such game, or 

the modification or termination of any management contract, the 

Commission shall provide such tribal operator or management contractor with a written complaint stating the acts or omissions which 

form the basis for such belief and the action or choice of action being considered b the Commission. The allegation shall be set forth in 

common andlconcise language and must specify the statutory or 

regulatory provisions alleged to have been violated, but may not consist merely of allegations stated in statutory or regulatory language. 

(b)(l) The Chairman shall have power to order temporary closure 

of an Indian game for substantial violation of the provisions of this 

Act, of regulations prescribed by the Commission pursuant to this 

Act, or of tribal regulations, ordinances, or resolutions approved 

under section 11 or 13 of this Act. 

(2) Not later than thirty days after the issuance by the Chairman 

of an order of temporary closure, the Indian tribe or management 

contractor involved shall have a right to a hearing before the 
PUBLIC LAW 100-497-OCT. 17, 1988 102 STAT. 2483 

Commission to determine whether such order should be made 

permanent or dissolved. Not later than sixty days following such 

hearing, the Commission shall, by a vote of not less than two of its 

members, decide whether to order a permanent closure of the 

gaming operation. 

(c) A decision of the Commission to give final approval of a fine 

levied by the Chairman or to order a permanent closure pursuant to 

this section shall be appealable to the appropriate Federal district 

court pursuant to chapter 7 of title 5, United States Code. 

(dl Nothing in this Act precludes an Indian tribe from exercising 

regulatory authority provided under tribal law over a gaming 

establishment within the Indian tribe's jurisdiction if such regulation is not inconsistent with this Act or with any rules or regulations adopted by the Commission. 

JUDICIAL REVIEW 

SEC. 15. Decisions made by the Commission pursuant to sections 25 usc 2714. 

11, 12, 13, and 14 shall be final agency decisions for purposes of 

appeal to the appropriate Federal district court pursuant to chapter 

7 of title 5, United States Code. 

SUBPOENA AND DEPOSITION AUTHORITY 

SEC. 16. (a) By a vote of not less than two members, the Commis- 25 USC 2715. 

sion shall have the power to require by subpoena the attendance and 

testimony of witnesses and the production of all books, papers, and 

documents relating to any matter under consideration or investigation. Witnesses so summoned shall be paid the same fees and 

mileage that are paid witnesses in the courts of the United States. 

(b) The attendance of witnesses and the production of books, 

papers, and documents, may be required from any place in the 

United States at any designated place of hearing. The Commission 

may request the Secretary to request the Attorney General to bring 

an action to enforce any subpoena under this section. . 

(c) Any court of the United States within the jurisdiction of which 

an inquiry is carried on may, in case of contumacy or refusal to obey 

a subpoena for any reason, issue an order requiring such person to 

appear before the Commission (and produce books, papers, or documents as so ordered) and give evidence concerning the matter in 

question and any failure to obey such order of the court may be 

punished by such court as a contempt thereof. 

(dl A Commissioner may order testimony to be taken by deposition 

in any proceeding or investigation pending before the Commission 

at any stage of such proceeding or investigation. Such depositions 

may be taken before any person designated by the Commission and 

having power to administer oaths. Reasonable notice must first be 

given to the Commission in writing by the party or his atterney 

proposing to take such deposition, and, in cases in which a Commissioner proposes to take a deposition, reasonable notice must be 

given. The notice shall state the name of the witness and the time 

and place of the taking of his deposition. Any person may be 

compelled to appear and depose, and to produce books, papers, or 

documents, in the same manner as witnesses may be compelled to 

appear and testify and produce like documentary evidence before 

the Commission, as hereinbefore provided. 
102 STAT. 2484 PUBLIC LAW 100-497-OCT. 17, 1988 

(el Every person deposing as herein provided shall be cautioned 

and shall be required to swear (or affirm, if he so requests) to testify 

to the whole truth, and shall be carefully examined. His testimony 

shall be reduced to writing by the person taking the deposition, or 

under his direction, and shall, after it has been reduced to writing, 

be subscribed by the deponent. All depositions shall be promptly 

filed with the Commission. (n Witnesses whose depositions are taken as authorized in this 

section, and the persons taking the same, shall severally be entitled 

to the same fees as are paid for like services in the courts of the 

United States. 

Law INVESTIGATIVE POWERS 

elforcement and crme. 

Classified SEC. 17. (a) Except as provided m subsection (b), the Commission 

information. shall preserve any and all information received pursuant to this Act 

25 usc 2716. as confidential pursuant to the provisions of paragraphs (4) and (7) 

of section 552(b) of title 5, United States Code. 

(b) The Commission shall, when such information indicates a 

violation of Federal, State, or tribal statutes, ordinances, or resolutions, provide such information to the appropriate law enforcement 

officials. 

(c) The Attorney General shall investigate activities associated 

with gaming authorized by this Act which may be a violation of 

Federal law. 

COMMISSION FUNDING 

25 usc 2717. SEC. 18. (a)(l) The Commission shall establish a schedule of fees to 

be paid to the Commission annually by each class 11 gaming activity 

that is regulated by this Act. 

(2)(A) The rate of the fees imposed under the schedule established 

under paragraph (1) shall be- 

(i) no less than 0.5 percent nor more than 2.5 percent of the 

first $1,500,000, and 

(ii) no more than 5 percent of amounts in excess of the first 

$1,500,000, 

of the gross revenues from each activity regulated by this Act. 

(B) The total amount of all fees imposed during any fiscal year under the schedule established under paragraph (1) shall not exceed 

$1,500,000. 

(3) The Commission, by a vote of not less than two of its members, 

shall annually adopt the rate of the fees authorized by this section 

which shall be payable to the Commission on a quarterly basis. 

(4) Failure to pay the fees imposed under the schedule established 

under paragraph (1) shall, subject to the regulations of the Commission, be grounds for revocation of the approval of the Chairman of 

any license, ordinance, or resolution required under this Act for the 

operation of gaming. 

(5) To the extent that revenue derived from fees imposed under 

the schedule established under paragraph (1) are not expended or 

committed at the close of any fiscal year, such surplus funds shall be 

credited to each gaming activity on a pro rata basis against such fees 

imposed for the succeeding year. 

(6) For purposes of this section, gross revenues shall constitute the 

annual total amount of money wagered, less any amounts paid out 

as prizes or paid for prizes awarded and less allowance for amortization of capital expenditures for structures. 
PUBLIC LAW 100-497-OCT. 17, 1988 102 STAT. 2485 

(b)(l) The Commission, in coordination with the Secretary and in 

conjunction with the fiscal year of the United States, shall adopt an 

annual budget for the expenses and operation of the Commission. 

(2) The budget of the Commission may include a request for 

appropriations, as authorized by section 19, in an amount equal the 

amount of funds derived from assessments authorized by subsection 

(a) for the fiscal year preceding the fiscal year for which the 

appropriation request is made. 

(3) The request for appropriations pursuant to paragraph (2) shall 

be subject to the approval of the Secretary and shall be included as a 

part of the budget request of the Department of the Interior. 

AUTHORIZATION OF APPROPRIATIONS 

SEC. 19. (a) Subject to the provisions of section 18, there are hereby 25 usc 2718. 

authorized to be appropriated such sums as may be necessary for the 

operation of the Commission. 

(b) Notwithstanding the provisions of section 18, there are hereby 

authorized to be appropriated not to exceed $2,000,000 to fund the 

operation of the Commission for each of the fiscal years beginning 

October 1, 1988, and October 1, 1989. 

GAMING ON LANDS ACQUIRED AFTER ENACTMENT OF THIS ACT 

SEC. 20. (a) Except as provided in subsection (b), gaming regulated 25 USC 2719. 

by this Act shall not be conducted on lands acquired by the Secretary in trust for the benefit of an Indian tribe after the date of 

enactment of this Act unless- 

(1) such lands are located within or contiguous to the boundaries of the reservation of the Indian tribe on the date of 

enactment of this Act; or 

(2) the Indian tribe has no reservation on the date of enactment of this Act and- 

(A) such lands are located in Oklahoma and- Oklahoma. 

(i) are within the boundaries of the Indian tribe's 

former reservation, as defined by the Secretary, or 

(ii) are contiguous to other land held in trust or 

restricted status by the United States for the Indian 

tribe in Oklahoma; or 

(B) such lands are located in a State other than Oklahoma and are within the Indian tribe's last recognized 

reservation within the State or States within which such 

Indian tribe is presently located. 

(b)(l) Subsection (a) will not apply when- 

(A) the Secretary, after consultation with the Indian tribe and 

appropriate State and local officials, including officials of other 

nearby Indian tribes, determines that a gaming establishment 

on newly acquired lands would be in the best interest of the 

Indian tribe and its members, and would not be detrimental to 

the surrounding community, but only if the Governor of the 

State in which the gaming activity is to be conducted concurs in 

the Secretary's determination; or 

(B) lands are taken into trust as part of- 

(i) a settlement of a land claim, Claims. 

(ii) the initial reservation of an Indian tribe acknowledged by the Secretary under the Federal acknowledgment 

process, or 
102 STAT. 2486 PUBLIC LAW 100-497-OCT. 17, 1988 

(iii) the restoration of lands for an Indian tribe that is 

restored to Federal recognition. 

(2) Subsection (a) shall not apply to- 

(A) any lands involved in the trust petition of the St. Croix 

Chippewa Indians of Wisconsin that is the subject of the action 

filed in the United States District Court for the District of 

Columbia entitled St. Croix Chippewa Indians of Wisconsin v. 

United States, Civ. No. 86-2278, or 

(B) the interests of the Miccosukee Tribe of Indians of Florida 

in approximately 25 contiguous acres of land, more or less, in 

Dade County, Florida, located within one mile of the intersection of State Road Numbered 27 (also known as Krome Avenue) 

and the Tamiami Trail. 

(3) Upon request of the governing body of the Miccosukee Tribe of 

Indians of Florida, the Secretary shall, notwithstanding any other 

provision of law, accept the transfer by such Tribe to the Secretary 

of the interests of such Tribe in the lands described in paragraph 

(2)(B) and the Secretary shall declare that such interests are held in 

trust by the Secretary for the benefit of such Tribe and that such 

interests are part of the reservation of such Tribe under sections 5 

and 7 of the Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465, 4671, 

subject to any encumbrances and rights that are held at the time of 

Federal such transfer by any person or entity other than such Tribe. The 

Register, 

publication. Secretary shall publish in the Federal Register the legal description 

of any lands that are declared held in trust by the Secretary under 

this paragraph. 

(c) Nothing in this section shall affect or diminish the authority 

and responsibility of the Secretary to take land into trust. 

(d)(l) The provisions of the Internal Revenue Code of 1986 (including sections 1441, 3402(q), 6041, and 60501, and chapter 35 of such 

Code) concerning the reporting and withholding of taxes with respect to the winnings from gaming or wagering operations shall 

apply to Indian gaming operations conducted pursuant to this Act, 

or under a Tribal-State compact entered into under section ll(dI(3) 

that is in effect, in the same manner as such provisions apply to 

State gaming and wagering operations. 

(2) The provisions of this subsection sball apply notwithstanding 

any other provision of law enacted before, on, or after the date of 

enactment of this Act unless such other provision of law specifically 

cites this subsection. 

DlSSEMlNATlON OF INFORMATION 

25 USC 2720. SEC. 21. Consistent with the requirements of this Act, sections 

1301, 1302, 1303 and 1304 of title 18, United States Code, shalI not 

apply to any gaming conducted by an Indian tribe pursuant to this 

Act. 

25 USC 2721. SEC. 22. In the event that any section or provision of this Act, or 

amendment made by this Act, is held invalid, it is the intent of 

Congress that the remaining sections or provisions of this Act, and 

amendments made by this Act, shall continue in full force and 

effect. 
PUBLIC LAW 100-497-OCT. 17, 1988 102 STAT. 2487 

CRIMINAL PENALTIES 

SEC. 23. Chapter 53 of title 18, United States Code, is amended by adding at the end thereof the following new sections: 

"5 1166. Gambling in Indian country 

"(a) Subject to subsection (c), for purposes of Federal law, all State 

laws pertaining to the licensing, regulation, or prohibition of gambling, including but not limited to criminal sanctions applicable 

thereto, shall apply in Indian country in the same manner and to 

the same extent as such laws apply elsewhere in the State. 

"(b) Whoever in Indian country is guilty of any act or omission 

involving gambling, whether or not conducted or sanctioned by an 

Indian tribe, which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted 

within the jurisdiction of the State in which the act or omission 

occurred, under the laws governing the licensing, regulation, or 

prohibition of gambling in force at the time of such act or omission, 

shall be guilty of a like offense and subject to a like punishment. "(c) For the purpose of this section, the term 'gambling' does not 

incIude- 

"(1) class I gaming or class I1 gaming regulated by the Indian 

Gaming Regulatory Act, or 

"(2) class I11 gaming conducted under a Tribal-State compact 

approved by the Secretary of the lnterior under section ll(dN8) 

of the Indian Gaming Regulatory Act that is in effect. 

"(d) The United States shall have exclusive jurisdiction over Law 

criminal prosecutions of violations of State gambling laws that are elforcement and 

made applicable under this section to Indian country, unless an 

Indian tribe pursuant to a Tribal-State compact approved by the 

Secretary of the Interior under section ll(d)(8) of the lndian Gaming 

Regulatory Act, or under any other provision of Federal law, has 

consented to the transfer to the State of criminal jurisdiction with 

respect to gambling on the lands of the Indian tribe. 

"5 1167. Theft from gaming establishments on Indian lands Fraud. 

"(a) Whoever abstracts, purloins, wiIlfully misapplies, or takes 

and carries away with intent to steal, any money, funds, or other 

property of a value of $1,000 or less belonging to an establishment 

operated by or for or licensed by an Indian tribe pursuant to an 

ordinance or resolution approved by the National Indian Gaming 

Commission shall be fined not more than $100,000 or be imprisoned 

for not more than one year, or both. 

"(b) Whoever abstracts, purloins, willfully misapplies, or takes 

and carries away with intent to steal, any money, funds, or other 

property of a value in excess of $1,000 belonging to a gaming 

establishment operated by or for or licensed by an lndian tribe 

pursuant to an ordinance or resolution approved by the National 

Indian Gaming Commission shall be fined not more than $250,000, 

or imprisoned for not more than ten years, or both. 

"0 1168. Theft by officers or employees of gaming establishments Fraud. 

on Indian lands ' 

"(a) Whoever, being an officer, employee, or individual licensee of 

a gaming establishment operated by or for or licensed by an Indian 

tribe pursuant to an ordinance or resoIution approved by the National Indian Gaming Commission, embezzles, abstracts, purloins, 
102 STAT. 2488 PUBLIC LAW 100-497-OCT. 17, 1988 

willfully misapplies, or takes and carries away with intent to steal, 

any moneys, funds, assets, or other property of such establishment 

of a value of $1,000 or less shall he fined not more than $250,000 and 

be imprisoned for not more than five years, or both; 

"(b) Whoever, being an officer, employee, or individual licensee of 

a gaming establishment operated by or for or licensed by an Indian 

tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, embezzles, abstracts, purloins, 

willfully misapplies, or takes and carries away with intent to steal, 

any moneys, funds, assets, or other property of such establishment 

of a value in excess of $1,000 shall be fined not more than $1,000,000 

or imprisoned for not more than twenty years, or both.". 

CONFORMING AMENDMENT 

SEC. 24. The table of contents for chapter 53 of title 18, United 

States Code, is amended by adding at the end thereof the following: 

"1166. Gambling in Indian country. 

"1167. Theft from gaming establishments on Indian lands. 

"1168. Theft by officers or employees of gaming establishments on Indian lands!'. 

Approved October 17, 1988. 

LEGISLATIVE HISTORY-S. 555: 

SENATE REPORTS: No. 100-446 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 134 (1988): 

Sept. 15, considered and passed Senate. 

Sept. 26,27, considered and passed House. 
PUBLIC LAW 100-498-OCT. 18, 1988 102 STAT. 2489 

Public Law 100-498 

100th Congress An Act 

To direct the Secretary of Agriculture to release certain restrictions on a parcel of Oct. 18, 1988 

land located in Henderson, Tennessee. [H.R. 28351 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congr-ess assem bled, 

SECTION 1. RELEASE OF REVERSIONARY INTEREST. 

(a) RELEASE.-In order to facilitate a land exchange between the 

Bethel Baptist Church of Henderson, Tennessee, and the State of 

Tennessee, the Secretary of Agriculture shall release the restriction 

described in subsection (b) if, in consideration of such release, the 

State of Tennessee agrees to transfer to the United States a vested 

future interest, similar to such restriction, in the land identified as 

"Lands Subject to Future Vested Interest" on the map referred to in 

subsection (c). 

(b) RESTRICTION.-The restriction referred to in subsection (a) is a 

reversionary interest of the United States in the two parcels of land 

identified as "Lands Divested of Reversionary Interest and Mineral 

Interests" on the map referred to in subsection (c) that- 

(1) requires that such land be used for public purposes; and 

(2) is contained in a deed- 

(A) granting such land from the United States to the 

State of Tennessee; 

(B) dated August 12,1955; and 

(C) registered on page 588 of book 48 of the record of 

deeds for Chester County, Tennessee. 

(c) MAP AND LEGAL DESCR~PTION.-T~~ landsand interests in 

lands that are subject to this Act are those lands identified as 

"Lands Divested of Reversionary Interest and Mineral Interests" 

and "Lands Subject to Future Vested Interest" as generally depicted 

on a map entitled "Chickasaw State Park Exchange, Chester 

County, Tennessee", dated May 27, 1988, numbered page 1 of 3, and 

filed, together with a legal description of such lands, in the Office of 

the Chief of the Forest Service, United States Department of Agriculture. Such map and legal description shall have the same force 

and effect as if included in this Act, except that correction of clerical 

and typographical errors in such legal description and nap may be 

made by the Secretary of Agriculture. 

SEC. 2. SALE OF MINERAL RIGHTS. 

(a) IN GENERAL.-SU~~~C~ to any valid existing rights of third 

parties, the Secretary of the Interior shall convey to the State of 

Tennessee all of the undivided mineral interests of the United 

States in the land identified as "Lands Divested of Reversionary 

Interest and Mineral Interests" on the map referred to in section 

l(c) as soon as practicable after the date of the compliance by the 

State of Tennessee with the provisions of subsection (bI(2).