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103D CONGRESS

1ST SESSION H. R. 2323

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

IN THE HOUSE OF REPRESENTATIVES

MAY 27, 1993

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

Committee on Natural Resources

A BILL

To amend the Indian Gaming Regulatory Act, and for other

purposes.

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

3 SECTION 1. INDIAN GAMING RESTRICTED.

4 (a) REGULATION OF CLASS II GAMING.—Section

5 11(b) of the Act (25 U.S.C. 2710(b)) is amended—

6 (1) in paragraph (1)—

7 (A) in subparagraph (A)—

8 (i) by inserting ‘‘(i)’’ after ‘‘(A)’’;

9 (ii) in clause (i), as designated by

10 clause (i) of this subparagraph, by striking

11 ‘‘any purpose’’ and all that follows through
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1 ‘‘law), and’’ and inserting ‘‘a commercial

2 purpose by any person, organization or en3 tity, or’’; and

4 (iii) by inserting after clause (i), as

5 designated by clause (i) of this subpara6 graph, the following:

7 ‘‘(ii) such Indian gaming is for charitable pur8 poses and is located within a State that permits

9 such gaming for charitable purposes by a person,

10 organization or entity,’’;

11 (B) by redesignating subparagraph (B) as

12 subparagraph (D) and inserting the following:

13 ‘‘(B) such gaming is not otherwise specifically

14 prohibited on Indian lands by Federal law,

15 ‘‘(C) permissible gaming is limited to the spe16 cific forms of, and methods of play for, gaming ac17 tivities expressly authorized by the law of the State,

18 and’’; and

19 (2) in paragraph (2)—

20 (A) in subparagraph (E), by striking

21 ‘‘and’’ at the end;

22 (B) in subparagraph (F), by striking the

23 period and inserting ‘‘; and’’; and

24 (C) by adding at the end the following:
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1 ‘‘(G) all gaming activities shall be conducted in

2 conformity with those laws and regulations (if any)

3 of the State regarding specific games allowed and

4 methods of play, including, but not limited to, peri5 ods of operation, limitation on wagers, pot sizes, and

6 losses.’’.

7 (b) REGULATION OF CLASS III GAMING.—Section

8 11(d)(1) of the Act (25 U.S.C. 2710(d)(1)) is amended—

9 (1) by amending subparagraph (B) to read as

10 follows:

11 ‘‘(B) located in a State that permits such gam12 ing for any purpose by any person, organization, or

13 entity which conducts the authorized gaming activity

14 as part of a commercial, for-profit business enter15 prise; except that a Tribal-State compact may per16 mit any other class III gaming authorized by a State

17 if conducted in accordance with State law;’’; and

18 (2) by redesignating subparagraph (C) as sub19 paragraph (D) and inserting after subparagraph (B)

20 the following new subparagraph:

21 ‘‘(C) limited to the specific forms of, and meth22 ods of play for, gaming activities expressly author23 ized by the law of the State; and’’.

24 SEC. 2. DEFINITION OF CLASS III GAMING.

25 Section 4 of the Act (25 U.S.C. 2703) is amended—
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1 (1) in paragraph (7)(A)(i), by inserting after

2 ‘‘therewith)’’ the following: ‘‘except video bingo’’;

3 and

4 (2) in paragraph (8), by inserting before the pe5 riod at the end the following: ‘‘including, but not

6 limited to, slot machines (as such term is defined in

7 subsection (a)(1) of the first section of the Act of

8 January 2, 1951 (Chapter 1194; 64 Stat. 1134)),

9 electronic or electromechanical facsimiles of any

10 game of chance, and any and all forms of electronic

11 video games or devices, such as video bingo, video

12 pull-tabs, video keno, and video blackjack’’.

13 SEC. 3. COMPACT NEGOTIATION.

14 (a) BURDEN OF PROOF.—Section 11(d)(7)(B)(ii) of

15 the Act (25 U.S.C. 2710(d)(7)(B)(ii)) is amended by

16 striking ‘‘burden of proof shall be upon the State to prove

17 that the State’’ and inserting ‘‘burden of proof shall be

18 upon the Indian tribe to prove that the State’’.

19 (b) CERTAIN EVIDENCE.—Section 11(d)(7)(B)(iii) of

20 the Act (25 U.S.C. 2710(d)(7)(B)(iii)) is amended—

21 (1) in subclause (I), by striking ‘‘, and’’ and in22 serting a semicolon;

23 (2) in subclause (II), by striking the period and

24 inserting ‘‘; and’’; and

25 (3) by adding at the end the following:
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1 ‘‘(III) except as provided in clause

2 (ii), shall not consider as evidence that the

3 State has not negotiated in good faith a

4 demand by the State that the gaming ac5 tivities contemplated by the compact be

6 conducted on the same basis as gaming ac7 tivities which may be conducted by any

8 other person or entity under the terms of

9 relevant State law.’’.

10 SEC. 4. NATIONAL INDIAN GAMING COMMISSION.

11 (a) ADDITIONAL MEMBERS.—Section 5(b)(1) of the

12 Act (25 U.S.C. 2704(b)(1)) is amended—

13 (1) in the material preceding subparagraph (A),

14 by striking ‘‘three’’ and inserting ‘‘five’’;

15 (2) in subparagraph (A), by striking ‘‘and’’;

16 (3) in subparagraph (B), by striking the period

17 at the end and inserting ‘‘; and’’; and

18 (4) by adding at the end the following:

19 ‘‘(C) two associate members who shall be

20 appointed by the President, with the advice and

21 consent of the Senate, from among State offi22 cials.’’.

23 (b) COMPOSITION.—Section 5(b)(3) of the Act (25

24 U.S.C. 2704(b)(3)) is amended in the first sentence by

25 striking ‘‘two’’ and inserting ‘‘three’’.
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1 (c) QUORUM.—Section 5(d) of the Act (25 U.S.C.

2 2704(d)) is amended by striking ‘‘two’’ and inserting

3 ‘‘three’’.

4 (d) EFFECTIVE DATE; TRANSITION RULES.—(1) Ex5 cept as required for paragraph (2), the amendments made

6 by this section shall take effect at the end of the 90-day

7 period beginning on the date of enactment of this Act and

8 shall apply with respect to any action taken by the Na9 tional Indian Gaming Commission after the end of such

10 period.

11 (2) Not later than 90 days after the date of enact12 ment of this Act, the President shall make the initial ap13 pointments of the associate members of the National In14 dian Gaming Commission, as required by the amendments

15 made by subsection (a) of this section, in accordance with

16 the Indian Gaming Regulatory Act, as amended by this

17 Act.

18 SEC. 5. GAMING ON AFTER ACQUIRED LANDS.

19 Section 20(b)(1)(A) of the Act (25 U.S.C.

20 2719(b)(1)(A)) is amended—

21 (1) by striking ‘‘and appropriate State and local

22 officials, including officials of other nearby Indian

23 tribes,’’ and inserting the following: ‘‘, appropriate

24 State and local officials (including officials of other

25 nearby Indian tribes), and officials of other nearby
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1 communities (including communities across State

2 borders that would be directly affected by gaming

3 conducted on such lands),’’; and

4 (2) by striking ‘‘community’’ and inserting

5 ‘‘communities (including communities across State

6 borders that would be directly affected by gaming

7 conducted on such lands)’’.

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