I
104TH CONGRESS
1ST SESSION
H. R. 1578
To amend the Indian Gaming Regulatory Act to provide adequate and certain
remedies for sovereign tribal governments.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 1995
Mr. TORRES introduced the following bill; which was referred to the Commit-
tee 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 gov-
ernments.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Indian Gaming Regulatory Act Amendments of 1995’’.
(b) REFERENCE.—Whenever in this Act a section or
other provision is amended or repealed, such amendment
or repeal shall be considered to be made to that section
or other provision of the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.).
SEC. 2. FINDINGS.
Section 2 of the Act (25 U.S.C. 2701) is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (4);
(2) by striking the period at the end of para-
graph (5) and inserting in lieu thereof a semicolon;
and
(3) by adding at the end the following:
‘‘(6) tribal systems for the regulation of gaming
activities should be structured to maintain and pre-
serve the integrity and fairness of tribal gaming op-
erations;
‘‘(7) the operation of gaming activities on In-
dian lands has had a significant impact on com-
merce with foreign nations, among the several
States, and with Indian tribes; and
‘‘(8) the United States Constitution vests the
Congress with the powers to regulate commerce with
foreign nations, and among the several States, and
with the Indian tribes, and this Act is enacted in the
exercise of those powers, and shall extend to and en-
compass all federally recognized Indian tribes.’’.
SEC. 3. DECLARATION OF POLICY.
Section 3 of the Act (25 U.S.C. 2702) is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (2);
(2) by striking the period at the end of para-
graph (3) and inserting in lieu thereof ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) to ensure the right of Indian tribes to con-
duct gaming activities on Indian lands in a manner
consistent with the decision of the Supreme Court in
California et al. v. Cabazon Band of Mission Indians
et al. (480 U.S.C. 202, 107 S.Ct. 1083(1987)), in-
volving the Cabazon and Morango Bands of Mission
Indians.’’.
SEC. 4. DEFINITIONS.
(a) CLASS I GAMING.—Section 4(6) of the Act (25
U.S.C. 2703(6)) is amended by inserting ‘‘played’’ after
‘‘social games’’.
(b) CLASS II GAMING.—(1) Section 4(7)(A) of the
Act (25 U.S.C. 2703(7)(A)) is amended—
(A) in clause (i), by amending the matter fol-
lowing subclause (III) to read as follows:
‘‘including pull tabs, lotto, punch boards, tip jars,
instant, and games similar to bingo (whether or not
electronic, computer, or other technologic aids are
used in connection therewith so long as the fun-
damental characteristics of the game remain the
same), and’’; and
(B) by amending clause (ii) to read as follows:
‘‘(ii) card games where the gaming oper-
ation does not have a stake in the outcome of
the game, and for the purposes of this clause,
a stake in the outcome of the game shall not in-
clude (I) receiving a fixed percentage of the wa-
gers made; (II) receiving a fixed fee per game
played; or (III) a rental fee for the player to
participate in the game.’’.
(2) Section 4(7)(C) of the Act (25 U.S.C.
2703(7)(C)) is amended by striking out ‘‘as determined
by the Chairman’’.
(3)(A) Section 4(7) of the Act (25 U.S.C. 2703(7))
is amended by striking out subparagraphs (D), (E), and
(F).
(B) Public Law 101–301 (25 U.S.C. 2703 note) is
amended by striking out section 6.
(c) COMPACT AND MANAGEMENT CONTRACT.—Sec-
tion 4(7) of the Act (25 U.S.C. 2703) is amended—
(1) by redesignating paragraphs (9) and (10)
as paragraphs (11) and (12), respectively; and
(2) by inserting after paragraph (8) the follow-
ing new paragraphs:
(B) by striking out ‘‘or’’ at the end there-
of;
(2) by striking out the period at the end of sub-
paragraph (C) and inserting in lieu thereof ‘‘; or’’;
and
(3) by adding at the end thereof the following:
‘‘(D) is unable to devote his entire time and at-
tention to the business of the Commission.’’.
(b) COMPENSATION.—Subsection (g) of section 5 (25
U.S.C. 2704) is amended—
(1) by striking out paragraph (1) and redesig-
nating paragraphs (2) and (3) as paragraphs (1)
and (2), respectively; and
(2) in paragraph (1), as redesignated by para-
graph (1) of this subsection—
(A) by striking out ‘‘The associate mem-
bers’’ and inserting in lieu thereof ‘‘Members’’;
and
(B) by striking out ‘‘level V of the Execu-
tive Schedule under section 5316’’ and inserting
in lieu thereof ‘‘level IV of the Executive Sched-
ule under section 5315’’.
(c) SUPPORT SERVICES.—Section 5 of the Act (25
U.S.C. 2704) is amended by adding at the end thereof
the following:
‘‘(h) The Administrator of General Services shall pro-
vide to the Commission on a reimbursable basis such ad-
ministrative support services as the Commission may re-
quest.’’.
SEC. 6. POWERS OF THE CHAIRMAN.
Section 6 of the Act (25 U.S.C. 2705) is amended
to read as follows:
‘‘SEC. 6. POWERS OF THE CHAIRMAN.
‘‘(a) The Chairman shall serve as the chief executive
officer of the Commission.
‘‘(b) Subject to the provisions of subsection (c), the
Chairman:
‘‘(1) Shall, employ, appoint, and supervise,
without regard to the provisions of title 5, United
States Code, governing appointments in the competi-
tive service, such personnel as are deemed necessary
to carry out the functions of the Commission and as-
sign work among such personnel. Such staff shall be
paid without regard to the provisions of chapter 51
and subchapters III and VIII of chapter 53 of such
title relating to classification and General and Senior
Executive Service Schedule pay rates, except that no
individual so appointed may receive pay in excess of
the annual rate of basic pay payable for ES–5 of the
Senior Executive Service Schedule under section
5382 of that title.
‘‘(2) May procure temporary and intermittent
services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to ex-
ceed the daily equivalent of the maximum annual
rate of basic pay payable for ES–6 of the Senior Ex-
ecutive Service Schedule (established under section
5382 of such title).
‘‘(3) May request the head of any Federal agen-
cy to detail any of the personnel of such agency to
the Commission to assist the Commission in carry-
ing out its duties under this Act, unless otherwise
prohibited by law.
‘‘(4) May use and expend Federal funds and
funds collected pursuant to section 17 of this Act.
‘‘(5) May contract for the services of other pro-
fessional, technical, and operational personnel and
consultants as may be necessary to the performance
of the Commission’s responsibilities under this Act.
‘‘(c) In carrying out any of the functions pursuant
to this section, the Chairman shall be governed by the gen-
eral policies of the Commission and by such regulatory de-
cisions, findings, and determinations as the Commission
may by law be authorized to make.’’.
SEC. 7. POWERS OF THE COMMISSION.
(a) BUDGET.—Paragraph (1) of section 7(a) (25
U.S.C. 2706(a)) is amended by striking out ‘‘upon the rec-
ommendation of the chairman,’’.
(b) FORMER POWERS
OF CHAIRMAN.—Subsection
(a) of section 7 (25 U.S.C. 2706) is amended—
(1) by striking out ‘‘and’’ at the end of para-
graph (4);
(2) by striking out the period at the end of
paragraph (5) and inserting in lieu thereof a semi-
colon; and
(3) by adding at the end thereof the following
new paragraphs:
‘‘(5) by a unanimous vote of not less than 3
members, after a mandatory effort to mediate any
controversy, issue orders of temporary closure as
provided in section 14(b);
‘‘(6) by an affirmative vote of not less than 2
members, and after a full hearing, levy and collect
civil fines as provided in section 14(a), which fines
shall only run from date of notice of violation or
later;
‘‘(7) by an affirmative vote of not less than 2
members, approve tribal ordinances or resolutions
regulating class II gaming and class III gaming as
provided in section 11; and
‘‘(8) by an affirmative vote of not less than 2
members, approve management contracts for class II
gaming and class III gaming as provided in sections
11(d)(9) and 12.
(c) POWERS.—Subsection (c) of section 7 (25 U.S.C.
2706) is amended—
(1) in paragraphs (1) and (2), by inserting
‘‘and class III gaming, where a compact so pro-
vides,’’ after ‘‘class II gaming’’ both places it ap-
pears;
(2) by striking out ‘‘and’’ at the end of para-
graph (9);
(3) by redesignating paragraph (10) as para-
graph (13); and
(4) by inserting after paragraph (9) the follow-
ing:
‘‘(10) may invoke, in the case of contumacy by
or refusal to obey any subpoena issued to any per-
son, the jurisdiction of any court of the United
States within the jurisdiction of which an investiga-
tion or proceeding is carried on, or where such per-
son resides or carries on business, in requiring the
attendance and testimony of witnesses and the pro-
duction of books, papers, correspondence, memo-
randa, and other records;
‘‘(11) may in its discretion, whenever it shall
appear to the Commission that any person is en-
gaged or about to engage in acts or practices con-
stituting a violation of any provision of this Act or
rules or regulations thereunder, bring an action in
the proper district court of the United States to en-
join such acts or practices, or transmit such evidence
as may be available concerning such acts or prac-
tices as may constitute a violation of any criminal
law of the United States to the Attorney General,
who may institute the necessary criminal proceed-
ings;
‘‘(12) may provide training and technical assist-
ance to Indian tribal governments in all aspects of
the conduct and regulation of gaming activities;
and’’.
(d) REPORT.—Section 7 of the Act (25 U.S.C. 2406)
is amended by striking out subsection (c).
SEC. 8. INTERIM AUTHORITY TO REGULATE GAMING.
Section 10 of the Act (35 U.S.C. 2709) is repealed.
SEC. 9. TRIBAL GAMING ORDINANCES.
(a) CLASS II GAMING.—(1) Subsection (b) of section
11 (25 U.S.C. 2710) is amended—
(A) by striking out ‘‘Chairman’’ each place it
appears and inserting in lieu thereof ‘‘Commission’’;
(B) in paragraph (2)(F), by striking out ‘‘and’’
at the end of clause (i), by redesignating clause (ii)
as clause (iii) and inserting after clause (i) the fol-
lowing:
‘‘(ii) ensures the integrity and fairness of the
games and which is appropriate for the size and
complexity of the gaming operations authorized by
the ordinance.’’;
(C) in paragraph (3)(D), by inserting ‘‘shall
make appropriate withholdings and’’ after ‘‘tribes’’;
(D) in paragraph (4)(A), by striking out ‘‘No
person or entity’’ and all that follows through
‘‘State.’’;
(E) in paragraph 4(B)—
(i) in clause (ii), by striking out ‘‘entity’’
and all that follows through ‘‘Act’’ and insert-
ing in lieu thereof ‘‘entity; except, however, the
exemption may transfer to those heirs of the in-
dividual licensee who are otherwise enrolled as
members of the tribe which granted such li-
cense’’; and
(ii) by striking out clause (iii); and
(2) Subsection (c) of section 11 (25 U.S.C. 2710) is
amended by striking out 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 out ‘‘Chair-
man’’ each place it appears and inserting in lieu thereof
‘‘Commission’’.
(2) Paragraph (1) of such subsection is amended by
amending subparagraphs (B) and (C) 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 out ‘‘Tribal-State
compact 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 out ‘‘Tribal-State com-
pact 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 out ‘‘Tribal-State compact
and inserting in lieu thereof ‘‘compact entered
into’’;
(ii) in clause (i)—
(I) by striking out ‘‘the application
of’’ and inserting in lieu thereof ‘‘the adop-
tion of’’; and
(II) by inserting ‘‘, with tribal con-
sent, of’’ after ‘‘tribe or’’;
(iii) by striking out clauses (ii) and (iv)
and redesignating 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 out ‘‘di-
rectly’’ and inserting in lieu thereof ‘‘reason-
ably’’; and
(B) by striking out 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 30
days after the State’s response to the Indian tribe, and
shall be completed within 120 days of the initiation of
compact negotiations, unless the State and the Indian
tribe agree to a different period of time for the completion
of 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 negotiations, 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
‘‘(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 out ‘‘Tribal-State com-
pact 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 out ‘‘Tribal-State compact
entered into under paragraph (3)’’ and insert-
ing 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 out paragraph (8) and redesignat-
ing paragraph (9) as paragraph (8) and in that paragraph
by striking out ‘‘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 out ‘‘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. 2712) is amended by striking out ‘‘Chair-
man’’ each place it appears and inserting in lieu thereof
‘‘Commission’’.
(2) Subsection (f) of such section is amended by
striking out ‘‘he’’ and inserting in lieu thereof ‘‘the Com-
mission’’.
(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 out ‘‘class II gaming
activity that the Indian tribe may engage in under
section 11(b)(1)’’ and inserting in lieu thereof ‘‘gam-
ing activity that the Indian tribe may engage in
under this Act’’;
(2) by striking out ‘‘and’’ at the end of para-
graph (1)(B); by striking out the period at the end
of paragraph (1)(C) and inserting in lieu thereof ‘‘;
and’’; and by adding at the end of paragraph (1) the
following:
‘‘(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
(3) by striking out paragraph (3).
(c) APPROVAL.—Subsection (b) of section 12 (25
U.S.C. 2711) is amended by inserting ‘‘and’’ at the end
of paragraph (4), striking out paragraph (5), and redesig-
nating 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 out ‘‘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 out ‘‘including all collateral agree-
ments,’’ and inserting in lieu thereof ‘‘including all related
agreements involving the same parties, financing or leas-
ing agreements, or any agreement that pertains to signifi-
cant management functions or responsibilities,’’.
SEC. 12. CIVIL PENALTIES.
Paragraph (2) of section 14(a) (25 U.S.C. 2713(a))
is amended by inserting ‘‘a mechanism for informal dis-
pute resolution and’’.
SEC. 13. COMMISSION FUNDING.
Section 18 of the Act (25 U.S.C. 2717) is amended
by adding at the end the following:
‘‘(c) The Commission may assess applicable gaming
operations for an amount necessary to defray reasonable
costs related to the performance of regulatory responsibil-
ities set forth in compacts relating to class III gaming ac-
tivities.
‘‘(d) All amounts collected pursuant to the assess-
ment of fees under this section shall be retained by the
Commission and, subject to subsection(a)(5), shall be
available without further appropriation—
‘‘(1) first for the performance of the regulatory
responsibilities relating to the class of gaming with
respect to which such fees were collected; and
‘‘(2) then, to the extent any amount remains,
for the performance of other responsibilities of the
Commission.’’.
SEC. 14. GAMING ON AFTER-ACQUIRED LANDS.
(a) ELIMINATION OF GOVERNOR’S CONCURRENCE.—
Subparagraph (A) of section 20(b)(1) of the Act (25
U.S.C. 2719(b)(1)) is amended by striking out ‘‘, but only
if the Governor of the State in which the gaming activity
is to be conducted concurs in the Secretary’s determina-
tion’’.
(b) REPORTING AND WITHHOLDING OF TAXES.—
Paragraph (1) of section 20(d) (25 U.S.C. 2719(d)) is
amended—
(1) by inserting ‘‘, the exemption from Federal
taxes provided to the States with respect to any
gaming activity, and the reporting of cash trans-
actions’’ after ‘‘wagering operations’’; and
(2) by striking out ‘‘under a Tribal-State com-
pact entered into under section 11(d)(3) that is in
effect,’’.
SEC. 15. CRIMINAL PROVISIONS.
Section 1166 of title 18, United States Code, is
amended by striking out ‘‘Tribal-State compact’’ both
places it appears and inserting in lieu thereof ‘‘compact’’.
SEC. 16. TAX EXEMPT STATUS.
The Act is amended by inserting after section 20 the
following new section:
‘‘TAX EXEMPT STATUS
‘‘SEC. 20A. Notwithstanding any other provision of
Federal law, tribally owned or chartered gaming oper-
ations shall not be subject to any Federal tax, including
(but not limited to) excise and corporations taxes, except
for the fees and assessments expressly provided for in this
Act.’’.
SEC. 17. EFFECTIVE DATES AND TRANSITION PROVISIONS.
(a) PRIOR COMPACTS AND GOVERNANCE.—Notwith-
standing any other provision of the Indian Gaming Regu-
latory Act Amendments of 1995, all compacts approved
by the Secretary, and procedures for governance in lieu
of compacts promulgated by the Secretary of the Interior,
under the Indian Gaming Regulatory Act (25 U.S.C. 2701
et seq.) as in effect before the date of the enactment of
this Act, shall continue to be fully operative and binding
on the parties and shall not be subject to revision unless
agreed to by the parties.
(b) NEGOTIATIONS.—Any tribe that requested a
State to negotiate a Tribal-State compact before the en-
actment of the Indian Gaming Regulatory Act Amend-
ments of 1995 and has not completed that process may
request the State to enter into a compact as specified
under section 11(d)(3)(A) of the Indian Gaming Regu-
latory Act (25 U.S.C. 2701 et seq.) as amended by this
Act.
(c) LAWFULNESS OF CERTAIN CLASS III GAMING
ACTIVITIES.—(1) Class III gaming activities that are as
a matter of Federal law lawful in any jurisdiction on the
date of the enactment of this Act, shall, notwithstanding
any provision of this Act or the amendments made by this
Act, remain lawful for purposes of section 11(d)(7)(C) of
the 
Indian 
Gaming 
Regulatory 
Act 
(25 
U.S.C.
2710(d)(7)(C)), as amended by this Act.
(2) For purposes of Federal law, the laws in effect
on the date that an Indian tribe notifies the Secretary (or
before 1993, notified the State) that it wishes to negotiate
a compact, shall be the basis for determining the scope
of gaming in section 11(d) of the Indian Gaming Regu-
latory Act (25 U.S.C. 2710(d)), as amended by this Act,
for any compact or for procedures in lieu of a compact.
For 1993 and later, laws in effect may be considered so
long as these laws increase the gaming options available
to tribes.
(3) Notwithstanding any provision of this Act or the
amendments made by this Act—
(A) tribes operating Class III gaming pursuant
to regulations promulgated by the Department of
the Interior and in effect on or before the date of
the enactment of this Act shall be entitled to con-
duct Class III gaming activities without the approval
of a compact, consistent with such regulations;
(B) tribes with Indian lands in Wisconsin shall
be entitled to conduct Class III gaming activities
consistent with the decision of Federal district court
in Lac du Flambeau Band of Lake Superior Chip-
pewa Indians v. State of Wisconsin, 770 F. Supp.
480 (W.D. Wis. 1991);
(C) tribes with Indian lands in the State of
Washington shall be entitled to conduct or continue
such class III gaming activities that were actually
operated in such State by any Indian tribe on or be-
fore November 1, 1994, without a compact, but only
to the extent of the nature and scope of such class
III gaming activities that were in operation by any
Indian tribe in such State on or before such date,
so long as such class III gaming activities are other-
wise in compliance with this Act or court order;
(D) tribes with Indian lands in the State of
California shall be entitled to conduct class III gam-
ing activities without a compact so long as such
games are limited to the nature and scope of gaming
activities conducted by an Indian tribe in the State
of California in effect on or prior to January 1,
1995, and such activities are otherwise in compli-
ance with this Act.
(d) CATAWBA INDIAN TRIBE
OF SOUTH CARO-
LINA.—Nothing in this Act or the amendments made by
this Act shall be construed as a repeal of section 14(a)
of the Catawba Indian Tribe of South Carolina Land
Claims Settlement Act of 1993 (25 U.S.C. 941l(a)).
(e) DEFINITIONS.—For the purposes of this section,
the terms ‘‘class III gaming’’ and ‘‘Indian tribe’’ have the
meaning given such terms by the Indian Gaming Regu-
latory Act (25 U.S.C. 2701 et seq.).
Æ
HR 1578 IH——2