(2) Subsection (c) of section 11 (25 U.S.C. 2710) is
amended by striking paragraphs (3), (4), (5), and (6).
(b) CLASS III GAMING.—(1) Subsection (d) of section
11 (25 U.S.C. 2710) is amended by striking ‘‘Chairman’’
each place it appears and inserting in lieu thereof ‘‘Com-
mission’’.
(2) Subparagraphs (B) and (C) of paragraph (1) are
amended to read as follows:
‘‘(B) located in a State where the requirements
of clauses (i) through (iii) of paragraph (3)(C) are
satisfied and the gaming activity is eligible for inclu-
sion in a compact, and
‘‘(C) conducted in conformance with a compact
that is in effect.’’.
(3) Subparagraph (C) of section 11(d)(2) (25 U.S.C.
22710(d)(2)) is amended by striking ‘‘Tribal-State com-
pact entered into under paragraph (3) by the Indian tribe’’
and inserting in lieu thereof ‘‘compact’’.
(4) Clause (iii) of section 11(d)(2)(D) (25 U.S.C.
(d)(2)(D)) is amended by striking ‘‘Tribal-State compact
entered into under paragraph (3)’’ and inserting in lieu
thereof ‘‘compact’’.
(5) Paragraph (3) of section 11(d) (25 U.S.C.
2710(d)) is amended—
(A) by redesignating subparagraph (C) as sub-
paragraph (H) and in that subparagraph—
(i) by striking ‘‘Tribal-State compact’’ and
inserting in lieu thereof ‘‘compact entered
into’’;
(ii) in clause (i)—
(I) by striking ‘‘the application of’’
and inserting in lieu thereof ‘‘the adoption
of’’; and
(II) by inserting ‘‘, with tribal con-
sent, of’’ after ‘‘tribe or’’;
(iii) by striking clauses (ii) and (iv) and re-
designating clauses (iii) through (vii) as clauses
(ii) through (v), respectively;
(iv) in clause (ii) (as redesignated by
clause (iii) of this subparagraph), by inserting
‘‘or Secretary’’ after ‘‘State’’; and
(v) in clause (v) (as redesignated by clause
(iii) of this subparagraph), by striking ‘‘di-
rectly’’ and inserting in lieu thereof ‘‘reason-
ably’’; and
(B) by striking subparagraphs (A) and (B) and
inserting in lieu thereof the following:
‘‘(A)(i) Any Indian tribe having jurisdiction over the
lands upon which a class III gaming activity is to be con-
ducted may request the State in which such lands are lo-
cated to enter into negotiations for the purpose of entering
into a compact governing the conduct of class III gaming
activities;
‘‘(ii) Such request shall be in writing and shall specify
the gaming activity or activities the Indian tribe proposes
for inclusion in the compact and within 30 days after such
request, the State shall respond to the Indian tribe.
‘‘(iii) Compact negotiations shall commence within 60
days after the submission of a request under clause (i),
and shall be completed within 120 days of the initiation
of such compact negotiations, unless the State and the In-
dian tribe agree to a different period of time for the com-
pletion of such compact negotiations.
‘‘(iv) Should the State or the Indian tribe find that
they are unable to complete compact negotiations because
they cannot reach agreement on the terms of a compact
or should a State fail to respond to the tribe’s written re-
quest for a compact or should a State fail to participate
in timely negotiations as specified by this Act, the State
or the Indian tribe may notify the Secretary.
‘‘(B) The Secretary, in consultation with the Indian
tribes and, if possible, the States, shall develop a panel
of independent mediators, which shall be periodically up-
dated.
‘‘(C) If after the 120 days authorized for the comple-
tion of compact negotiations, the State and the Indian
tribe have not agreed to recommend a compact to the Sec-
retary, the State and the Indian tribe shall enter into me-
diation, pursuant to the following procedures:
‘‘(i) The Secretary shall provide the State and
Indian tribe with a list of names of three mediators
randomly selected from the panel of independent me-
diators. The State and the Indian tribe each may re-
move a different mediator from the list of three me-
diators, and if both the State and Tribe remove the
same mediator, the Secretary shall choose from the
remaining mediators to conduct the mediation.
‘‘(ii) The mediator shall attempt to achieve a
compact not later than 60 days after such mediator
is selected, unless such time period is extended by
mutual agreement of the State and the Indian tribe.
‘‘(iii) If mediation fails, the State and Indian
tribe may submit their last best offer to the medi-
ator, who shall evaluate the offers under the terms
of this Act and recommend a compact to the Sec-
retary, except that by mutual agreement the parties
may substitute either compulsory arbitration, or a
decision by the Secretary instead of a mediator’s
recommendation. If the State fails to submit a last
best offer, the mediator shall recommend the Indian
tribe’s last best offer to the Secretary.
‘‘(iv) The recommended compact shall also in-
clude such provisions which in the opinion of the me-
diator or arbitrator best meet the objectives of this
Act, provides for adequate standards to ensure the
integrity and fairness of the games, and are consist-
ent with any declaratory judgment issued pursuant
to paragraph (7) of this subsection.
‘‘(D) If the parties or the mediator or arbitrator pur-
suant to this paragraph recommend a compact to the Sec-
retary, the Secretary shall approve such compact and shall
publish it in the Federal Register.
‘‘(E) The compact also shall not be approved by the
Secretary if it violates—
‘‘(i) any provision of this Act or the regulations
promulgated by the Commission;
‘‘(ii) any other provision of Federal law that
does not relate to jurisdiction over gaming on Indian
reservations; or
‘‘(iii) the trust obligations of the United States
to Indians.
‘‘(F) Except for an appeal under subchapter II of
chapter 5 of title 5, United States Code, by an Indian tribe
or a State associated with the publication of the compact,
the publication of a compact pursuant to paragraph
(3)(D) which permits a form of class III gaming shall,
for the purposes of this Act, be conclusive evidence that
such class III gaming is an activity subject to negotiations
under the laws of the State where the gaming is to be
conducted, in any matter under consideration by the Com-
mission or a Federal court.
‘‘(G) Any compact negotiated under this subsection
shall be effective upon its publication in the Federal Reg-
ister by the Secretary or shall be effective after the pas-
sage of 60 days from the date of the mediator’s rec-
ommendations to the Secretary, or from the date that a
compact agreed to by both tribe and State is submitted
to the Secretary, unless the Secretary, within 60 days, re-
jects the compact under subparagraph (E).’’.
(6) Paragraph (5) of section 11(d) (25 U.S.C.
2710(d)) is amended by striking ‘‘Tribal-State compact
entered into by the Indian tribe under paragraph (3)’’ and
inserting in lieu thereof ‘‘compact’’.
(7) Paragraph (6) of section 11(d) (25 U.S.C.
2710(d)) is amended to read as follows:
‘‘(6)(A) Nothing in this subsection shall compel a
State to assume any responsibility regarding tribal gaming
activities. A State’s consent shall be required for any State
responsibility for tribal gaming activities. If a State does
not consent to a responsibility set forth in a compact, such
compact shall continue to be in effect, except the subject
responsibilities shall be assumed by the Commission, or
in the discretion of the Commission, may be delegated to
a tribal regulatory body.
‘‘(B) The provisions of section 5 of the Act of Janu-
ary 2, 1951 (64 Stat. 1135; 15 U.S.C. 1175), shall not
apply to any gaming on any Indian lands, and shall not
apply to any commerce, intended for gaming on any In-
dian lands.’’.
(8) Paragraph (7) of section 11(d) (25 U.S.C.
2710(d)) is amended—
(A) by amending clause (i) of subparagraph (A)
to read as follows:
‘‘(i) any cause of action for a declaratory judg-
ment brought by an Indian tribe or State, which is
authorized by this clause to file an action for a de-
claratory judgment in district courts of the United
States for the purposes of seeking a determination
of what games are permitted to be played by any
person or entity for any purposes in the State in
which the proposed class III gaming activities are to
be conducted on Indian lands,’’;
(B) in clause (ii) of subparagraph (A)—
(i) by inserting ‘‘the United States,’’ before
‘‘a State’’; and
(ii) by striking ‘‘Tribal-State compact en-
tered into under paragraph (3)’’ and inserting
in lieu thereof ‘‘compact’’;
(C) by amending clause (iii) to read as follows:
‘‘(iii) any cause of action initiated by the Sec-
retary, a State or an Indian tribe to enforce provi-
sions of a compact.’’; and
(D) by amending subparagraph (B) to read as
follows:
‘‘(B) In any declaratory action brought under sub-
paragraph (A)(i) the court shall declare that the gaming
activity as a matter of Federal law shall be the subject
of negotiation and included in a compact if it finds that—
‘‘(i) the gaming activity is not prohibited as a
matter of State criminal law; or
‘‘(ii) even if the gaming activity is prohibited as
a matter of State criminal law, the gaming activity
meets one or more of the following criteria—
‘‘(I) its principal characteristics are sub-
stantially similar to principal characteristics of
gaming activities that are not prohibited as a
matter of State criminal law;
‘‘(II) State law permits the gaming activity
subject to regulation;
‘‘(III) as a matter of State law any person,
organization, or entity within the State may en-
gage in the gaming activity for any purpose; or
‘‘(IV) there is a pervasive pattern of non-
enforcement of the gaming prohibition.
‘‘(C) Nothing in this subsection shall be construed to
preclude or delay a tribe from seeking the mediation set
forth in paragraph (3) of this subsection.’’.
(9) Subsection (d) of section 11 (25 U.S.C. 2710)
is amended by striking paragraph (8) and redesignating
paragraph (9) as paragraph (8) and in that paragraph by
striking ‘‘subsections (b), (c), (d), (f), (g), and (h) of’’.
(c) APPROVAL OF TRIBAL GAMING ORDINANCE OR
RESOLUTION.—Subsection (e) of section 11 (25 U.S.C.
2710) is amended by striking ‘‘Chairman’’ each place it
appears and inserting in lieu thereof ‘‘Commission’’.
SEC. 10. MANAGEMENT CONTRACTS.
(a) ROLE OF COMMISSION.—(1) Section 12 of the
Act (25 U.S.C. 2711) is amended by striking ‘‘Chairman’’
each place it appears and inserting in lieu thereof ‘‘Com-
mission’’.
(2) Subsection (f) of such section is amended by
striking ‘‘he’’ and inserting in lieu thereof ‘‘the Commis-
sion’’.
(b) INFORMATION REQUIRED.—Section 12(a) (25
U.S.C. 2711(a)) is amended—
(1) in the matter preceding subparagraph (A)
of paragraph (1), by striking ‘‘class II gaming activ-
ity that the Indian tribe may engage in under sec-
tion 11(b)(1)’’ and inserting in lieu thereof ‘‘gaming
activity that the Indian tribe may engage in under
this Act’’;
(2) by striking ‘‘and’’ at the end of paragraph
(1)(B);
(3) by striking the period at the end of para-
graph (1)(C) and inserting in lieu thereof ‘‘; and’’;
(4) by adding at the end of paragraph (1) the
following new subparagraph:
‘‘(D) a complete disclosure of all collateral and ancil-
lary agreements that exist between the management com-
pany and the tribe, and between any and all persons listed
in subparagraph (A) and the tribe.’’; and
(5) by striking paragraph (3).
(c) APPROVAL.—Subsection (b) of section 12 (25
U.S.C. 2711) is amended—
(1) by inserting ‘‘and’’ at the end of paragraph
(4);
(2) by striking paragraph (5); and
(3) redesignating paragraph (6) as paragraph
(5).
(d) PERIOD FOR APPROVAL.—Subsection (d) of sec-
tion 12 (25 U.S.C. 2711) is amended—
(1) by striking ‘‘180’’ both places it appears
and inserting in lieu thereof ‘‘90’’; and
(2) by amending the second sentence to read as
follows: ‘‘In the event the time periods expire with-
out action taken by the Commission, the manage-
ment contract shall be deemed to be approved and
the tribe and management contractors may proceed
as if such contract is formally approved.’’.
SEC. 11. EXISTING ORDINANCES AND CONTRACTS.
Subsection (c) of section 13 (25 U.S.C. 2712) is
amended by striking ‘‘including all collateral agreements,’’
and inserting in lieu thereof ‘‘including all related agree-
ments involving the same parties, financing or leasing
agreements, or any agreement that pertains to significant
management functions or responsibilities,’’.