I
105TH CONGRESS
1ST SESSION
H. R. 334
To amend the Indian Gaming Regulatory Act to bring more balance into
the negotiation of Tribal-State compacts, to require an individual partici-
pating in class II or class III Indian gaming to be physically present
at the authorized gaming activity, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. SOLOMON (for himself, Mr. ROEMER, Mr. BARR of Georgia, Mrs.
CHENOWETH, Mr. GOODLATTE, and Mr. HERGER) introduced the follow-
ing bill; which was referred to the Committee on Resources, and in addi-
tion to the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Indian Gaming Regulatory Act to bring more
balance into the negotiation of Tribal-State compacts,
to require an individual participating in class II or class
III Indian gaming to be physically present at the author-
ized gaming activity, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Fair Indian Gaming Act’’.
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(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Compact negotiation and approval.
Sec. 3. Gaming on after-acquired lands.
Sec. 4. Physical presence required to participate in class II and class III gam-
ing on Indian lands.
Sec. 5. Indian gaming restricted.
Sec. 6. Definitions of class III gaming and commercial.
Sec. 7. Moratorium on new class III gaming.
Sec. 8. Regulation of Indian gaming pursuant to a State Constitution.
Sec. 9. National Indian Gaming Commission.
Sec. 10. Reporting and bookkeeping.
Sec. 11. Background investigations.
Sec. 12. Criminal laws.
Sec. 13. Appropriations and fees.
Sec. 14. Reports.
SEC. 2. COMPACT NEGOTIATION AND APPROVAL.
(a) BURDEN OF PROOF.—Section 11(d)(7)(B)(ii) of
the 
Indian 
Gaming 
Regulatory 
Act 
(25 
U.S.C.
2710(d)(7)(B)(ii)) is amended by striking ‘‘burden of
proof shall be upon the State to prove that the State has
negotiated’’ and inserting ‘‘burden of proof shall be upon
the Indian tribe to prove that the State has failed to nego-
tiate’’.
(b) 
EVIDENCE
OF
GOOD
FAITH.—Section
11(d)(7)(B)(iii) of the Indian Gaming Regulatory Act (25
U.S.C. 2710(d)(7)(B)(iii)) is amended—
(1) in subclause (I), by striking ‘‘, and’’ at the
end and inserting a semicolon;
(2) in subclause (II), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
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‘‘(III) except as provided in clause (ii), shall not
consider as evidence that the State has not nego-
tiated in good faith a demand by the State that the
gaming activities contemplated by the compact be
conducted on the same basis as gaming activities
which may be conducted by any other person or en-
tity under the terms of relevant State law.’’.
(c) APPROVAL BY STATE LEGISLATURE AND GOV-
ERNOR.—Section 11(d)(3)(B) of the Indian Gaming Reg-
ulatory Act (25 U.S.C. 2710(d)(3)(B)) is amended by
striking ‘‘only when’’ and inserting ‘‘only after such com-
pact is approved by the legislature and the Governor of
the State and’’.
SEC. 3. GAMING ON AFTER-ACQUIRED LANDS.
(a) CONSULTATION; APPROVAL BY STATE LEGISLA-
TURE.—Subparagraph (A) of section 20(b)(1) of the In-
dian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)) is
amended to read as follows:
‘‘(A) the Governor and the legislature of the
State in which the gaming is to be conducted (after
consultation with appropriate State and local offi-
cials and officials of the Indian tribe, other nearby
Indian tribes, and communities across State borders
that would be directly affected by gaming conducted
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on such lands) determines that a gaming establish-
ment 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 commu-
nities (including communities across State borders
that would be directly affected by gaming conducted
on such lands), but only if the Secretary concurs
with the determination of the Governor and the leg-
islature;’’.
(b) 
NEWLY
ACKNOWLEDGED
OR
RESTORED
TRIBES.—Section 20(b)(1) of the Indian Gaming Regu-
latory Act (25 U.S.C. 2719(b)(1)) is amended—
(1) in subparagraph (B)—
(A) by inserting ‘‘after the date of the en-
actment of the Fair Indian Gaming Act’’ after
‘‘trust’’ in the matter preceding clause (i); and
(B) by striking out the period at the end
thereof and inserting ‘‘; or’’; and
(2) by adding at the end the following:
‘‘(C) an Act of Congress enacted after the date
of the enactment of this subparagraph, concurred in
by the Governor and the legislature of the State in
which the gaming activity is to be conducted, au-
thorizes such gaming to be conducted on lands—
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‘‘(i) taken into trust as part of the initial
reservation of an Indian tribe acknowledged by
the Secretary under the Federal acknowledg-
ment process, or
‘‘(ii) restored for an Indian tribe that is re-
stored to Federal recognition.’’.
SEC. 4. PHYSICAL PRESENCE REQUIRED TO PARTICIPATE
IN CLASS II AND CLASS III GAMING ON IN-
DIAN LANDS.
Section 11 of the Indian Gaming Regulatory Act (25
U.S.C. 2710) is amended by adding at the end the follow-
ing new subsection:
‘‘(f) An individual may only participate in class II
gaming on Indian lands authorized pursuant to subsection
(b) and class III gaming on Indian lands authorized pur-
suant to subsection (d) by being physically present at the
gaming activity on the lands with respect to which the
gaming is authorized.’’.
SEC. 5. INDIAN GAMING RESTRICTED.
(a) REGULATION
OF CLASS II GAMING.—Section
11(b) of the Indian Gaming Regulatory Act (25 U.S.C.
2710(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) by inserting ‘‘(i)’’ after ‘‘(A)’’;
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(ii) in clause (i), as designated by
clause (i) of this subparagraph, by striking
‘‘any purpose’’ and all that follows through
‘‘law), and’’ and inserting ‘‘a commercial
purpose by any person, organization or en-
tity, or’’; and
(iii) by inserting after clause (i), as
designated by clause (i) of this subpara-
graph, the following:
‘‘(ii) such Indian gaming is for charitable pur-
poses and is located within a State that permits
such gaming for charitable purposes by a person,
organization or entity,’’;
(B) by redesignating subparagraph (B) as
subparagraph (D) and inserting after subpara-
graph (A) the following new subparagraphs:
‘‘(B) such gaming is not otherwise specifically
prohibited on Indian lands by Federal law,
‘‘(C) permissible gaming is limited to the spe-
cific forms of, and methods of play for, gaming ac-
tivities expressly authorized by the law of the State,
and’’; and
(2) in paragraph (2)—
(A) in subparagraph (E), by striking
‘‘and’’ at the end;
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(B) in subparagraph (F), by striking the
period and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(G) all gaming activities shall be conducted in
conformity with those laws and regulations (if any)
of the State regarding specific games allowed and
methods of play, including, but not limited to, peri-
ods of operation, limitation on wagers, pot sizes, and
losses.’’.
(b) REGULATION OF CLASS III GAMING.—Section
11(d)(1) of the Indian Gaming Regulatory Act (25 U.S.C.
2710(d)(1)) is amended—
(1) by amending subparagraph (B) to read as
follows:
‘‘(B) located in a State that permits such gam-
ing by any person, organization, or entity which con-
ducts the authorized gaming activity as part of a
commercial enterprise; except that a Tribal-State
compact may permit any other class III gaming ex-
pressly authorized by a State;’’; and
(2) by redesignating subparagraph (C) as sub-
paragraph (D) and inserting after subparagraph (B)
the following new subparagraph:
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‘‘(C) limited to the specific forms of, and meth-
ods of play for, gaming activities expressly author-
ized by the law of the State; and’’.
SEC. 6. DEFINITIONS OF CLASS III GAMING AND COMMER-
CIAL.
(a) CLASS III GAMING.—Section 4 of the Indian
Gaming Regulatory Act (25 U.S.C. 2703) is amended—
(1) in paragraph (7)(A)(i), by inserting after
‘‘therewith)’’ the following: ‘‘except video bingo’’;
and
(2) in paragraph (8), by inserting before the pe-
riod at the end the following: ‘‘, including, but not
limited to, gambling devices (as such term is defined
in subsection (a) of the first section of the Act of
January 2, 1951 (Chapter 1194; 64 Stat. 1134)),
electronic or electromechanical facsimiles of any
game of chance, and any and all forms of electronic
video gaming or devices, such as video bingo, video
pull-tabs, video keno, and video blackjack’’.
(b) COMMERCIAL.—Section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703) is amended by adding
at the end the following:
‘‘(11) The term ‘commercial’ means a private,
for-profit business and, in the case of class III gam-
ing, includes a State-run lottery.’’.
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SEC. 7. MORATORIUM ON NEW CLASS III GAMING.
(a) IN GENERAL.—All class III gaming enterprises
on Indian lands that are not specifically authorized pursu-
ant to a Tribal-State compact, or procedures in lieu of
a compact, under the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.) as of the date of enactment of this
Act are prohibited for the two-year period beginning on
the date of enactment of this Act unless specifically ap-
proved by a State during the period.
(b) DEFINITIONS.—For the purposes of this sec-
tion—
(1) the term ‘‘class III gaming’’ has the mean-
ing given such term by the Indian Gaming Regu-
latory Act (25 U.S.C. 2701 et seq.), as amended by
this Act; and
(2) the term ‘‘United States’’ includes the Dis-
trict of Columbia and the territories and possessions
of the United States.
SEC. 8. REGULATION OF INDIAN GAMING PURSUANT TO A
STATE CONSTITUTION.
(a) IN GENERAL.—Section 11 of the Act (25 U.S.C.
2710), as amended by section 4 of this Act, is further
amended by adding at the end the following:
‘‘(g) Notwithstanding any other provision of this Act,
in the case of class II gaming or class III gaming on In-
dian lands located within a State in which the Constitution
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of that State specifically authorizes gambling, such class
II or III gaming, as the case may be, on such Indian lands
may only be conducted in the manner, to the extent, and
subject to the same terms and conditions, as authorized
by the Constitution and laws of that State, and the Indian
tribe desiring to conduct such class II or III gaming shall
be subject to all laws of the State relating to such gam-
ing.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to any class II or
III gaming (as defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)) on Indian lands con-
ducted after the date of the enactment of this Act.
SEC. 9. NATIONAL INDIAN GAMING COMMISSION.
(a) ADDITIONAL MEMBERS.—Paragraph (1) of sec-
tion 5(b) of the Indian Gaming Regulatory Act (25 U.S.C.
2704(b)) is amended to read as follows:
‘‘(1) The Commission shall be composed of five full-
time members who shall be appointed by the President,
with the advice and consent of the Senate, as follows:
‘‘(A) a Chairman;
‘‘(B) two associate members from among indi-
viduals nominated by Indian tribes; and
‘‘(C) two associate members from among indi-
viduals nominated by the Governors of the States.’’.
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(b) COMPOSITION.—Section 5(b)(3) of the Indian
Gaming Regulatory Act (25 U.S.C. 2704(b)(3)) is amend-
ed in the first sentence by striking ‘‘two’’ and inserting
‘‘three’’.
(c) QUORUM.—Section 5(d) of the Indian Gaming
Regulatory Act (25 U.S.C. 2704(d)) is amended by strik-
ing ‘‘Two’’ and inserting ‘‘Three’’.
(d) POWERS.—Section 7(a) of the Indian Gaming
Regulatory Act (25 U.S.C. 2706(a)) is amended by strik-
ing ‘‘2 members’’ each place it appears and inserting ‘‘3
members’’.
(e) CIVIL PENALTIES.—Section 14(b)(2) of the In-
dian Gaming Regulatory Act (25 U.S.C. 2713(b)(2)) is
amended by striking out ‘‘two of its members’’ and insert-
ing in lieu thereof ‘‘three of its members’’.
(f) SUBPOENA.—Section 16(a) of the Indian Gaming
Regulatory Act (25 U.S.C. 2715(a)) is amended by strik-
ing ‘‘two members’’.
(g) COMMISSION FUNDING.—Section 18(a)(3) of the
Indian Gaming Regulatory Act (25 U.S.C. 2717(a)(3)) is
amended by striking ‘‘two of its members’’ and inserting
‘‘three of its members’’.
(h) EFFECTIVE DATE; TRANSITION RULES.—(1) Ex-
cept as required by paragraph (2), the amendments made
by this section shall take effect at the end of the 90-day
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period beginning on the date of enactment of this Act and
shall apply with respect to any action taken by the Na-
tional Indian Gaming Commission after the end of such
period.
(2) Not later than 90 days after the date of enact-
ment of this Act, the President shall make the initial ap-
pointments of the associate members of the National In-
dian Gaming Commission, as required by the amendments
made by subsection (a) of this section, in accordance with
the Indian Gaming Regulatory Act, as amended by this
Act.
SEC. 10. REPORTING AND BOOKKEEPING.
The Indian Gaming Regulatory Act (25 U.S.C. 2701
et seq.) is amended by inserting after section 21 the fol-
lowing new section:
‘‘REPORTING AND BOOKKEEPING
‘‘SEC. 21A. (a) Within 90 days after the date of the
enactment of this section, the Secretary of the Treasury
shall issue such regulations as may be necessary to require
gaming establishments authorized pursuant to this Act to
be subject to such reporting and recordkeeping require-
ments as those which are applicable to a casino or gam-
bling casino referred to in section 103.11(i)(7)(i) of part
103 of title 31 of the Code of Federal Regulations in order
to ensure a high degree of usefulness in criminal, tax, and
regulatory matters.
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‘‘(b) In the administration of this Act, an authoriza-
tion provided by a State for one form of class III gaming
shall not be construed as an authorization for any other
form of class III gaming for purposes of negotiations be-
tween a State and a tribe.
‘‘(c) In the administration of this Act, the United
States district courts shall have sole jurisdiction over con-
tract disputes between tribes and contract operators of In-
dian gaming establishments.’’.
SEC. 11. BACKGROUND INVESTIGATIONS.
(a) ROLE
OF ATTORNEY GENERAL.—The Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.), as
amended by section 9 of this Act, is amended by inserting
after section 21A the following new section:
‘‘BACKGROUND INVESTIGATIONS
‘‘SEC. 21B. (a) The Attorney General shall conduct
such background investigations as may be necessary—
‘‘(1) to determine the suitability of each individ-
ual, person or entity (including individuals compris-
ing such entity, serving on the board of directors of
a corporation, and stockholders of a corporation) de-
scribed in section 12(a)(1)(A) to be involved in class
III gaming activities under this Act;
‘‘(2) to determine the suitability of any finan-
cial backer, investor, mortgagee, lender, security
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holder, or other such person or entity to be involved
in class III gaming activities under this Act;
‘‘(3) to determine the suitability of any primary
management official, or key employee of a class III
gaming activity under this Act, or any other person
or entity engaged in class III gaming activities, or
the accounting of class III gaming assets, under this
Act, to continue to engage in such activities;
‘‘(4) to assist the Commission in carrying out
sections 7(b) and 12; and
‘‘(5) with respect to implementing class III
gaming activities pursuant to this Act.
‘‘(b) For the purposes of this Act, a background in-
vestigation shall include (but not be limited to)—
‘‘(1) criminal history, especially criminal history
with respect to organized crime;
‘‘(2) taxpayer return and return information;
‘‘(3) immigration information;
‘‘(4) records, held by any entity of the Federal
Government, which are not described in paragraph
(1), (2), or (3); and
‘‘(5) records held by State entities.
‘‘(c) For the purposes of subsection (b)—
‘‘(1) the Attorney General is authorized to uti-
lize the system devised under section 242(a)(3)(A)(i)
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of the Immigration and Nationality Act to determine
if an individual is an alien; and
‘‘(2) returns and return information (as such
terms are defined in section 6103(b) of the Internal
Revenue Code of 1986) shall be open to inspection
by, or disclosure to, the Attorney General and other
officers and employees of the Department of Justice
and the Commission, subject to the procedures and
recordkeeping required under subsection (p) of such
section 6103(b).
‘‘(d) Upon application by any State to the Attorney
General that such State is willing and able to conduct any
or all background investigations required by this section
regarding class III gaming, the Attorney General is au-
thorized, if the Attorney General determines that such
State is willing and able to conduct such investigations,
to permit that State to conduct such investigations as are
authorized by the Attorney General.
‘‘(e) This section applies to all gaming under this Act,
whether approved before or after the date of enactment
of this section.’’.
(b) CONFORMING AMENDMENTS.—(1) Paragraph (3)
of section 7(b) of such Act (25 U.S.C. 2706(b)) is amend-
ed to read as follows:
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‘‘(3) in consultation with the Attorney General,
shall conduct or cause to be conducted such back-
ground investigations as may be necessary to carry
out the duties of the Commission under this Act
with respect to class II gaming;’’.
(2) Section 12 of such Act (25 U.S.C. 2711) is
amended—
(A) in subsection (a)(1), by striking ‘‘the Chair-
man shall’’ and inserting ‘‘the Chairman, in con-
sultation with the Attorney General pursuant to sec-
tion 21B, shall’’; and
(B) in subsection (e), by striking ‘‘the Chair-
man determines’’ and inserting ‘‘the Chairman, in
consultation with the Attorney General pursuant to
section 21B, determines’’.
SEC. 12. CRIMINAL LAWS.
Section 1166 of title 18, United States Code, is
amended to read as follows:
‘‘§ 1166. Gambling in Indian country
‘‘(a) Subject to subsection (c), for purposes of Fed-
eral law, all State laws pertaining to the licensing, regula-
tion, or prohibition of gambling, including (but not limited
to) criminal sanctions applicable thereto, shall apply in In-
dian country in the State in the same manner and to the
same extent as such laws apply elsewhere in the State.
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‘‘(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 ‘gam-
bling’ does not include—
‘‘(1) class I gaming or class II gaming regu-
lated by the Indian Gaming Regulatory Act, or
‘‘(2) class III gaming conducted under a Tribal-
State compact approved or considered to be ap-
proved by the Secretary of the Interior under section
11(d)(8) of the Indian Gaming Regulatory Act that
is in effect.
‘‘(d) The United States shall have exclusive jurisdic-
tion over criminal prosecutions of violations of State gam-
bling laws that are made applicable under this section to
Indian country, unless—
‘‘(1) an Indian tribe pursuant to a Tribal-State
compact approved or considered to be approved by
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the Secretary of the Interior under section 11(d)(8)
of the Indian Gaming Regulatory Act, or under any
other provision of Federal law, has consented to the
transfer to the State of criminal jurisdiction with re-
spect to gambling on the lands of the Indian tribe,
or
‘‘(2) authority has been granted to a State to
enforce the criminal laws of the State on Indian
lands within the State pursuant to section 1162 of
this title, or any other provision of Federal law
which authorizes exercise of such criminal jurisdic-
tion by a State, which authority shall be concurrent
with the United States with respect to violations also
made violations of Federal law under subsection (a)
of this section.’’.
SEC. 13. APPROPRIATIONS AND FEES.
(a) REPEAL
OF AUTHORIZATION
OF APPROPRIA-
TIONS.—Section 19 of the Indian Gaming Regulatory Act
(25 U.S.C. 2718) is amended to read as follows:
‘‘PROHIBITION ON USE OF APPROPRIATED FUNDS
‘‘SEC. 19. Beginning with the first fiscal year begin-
ning after the date of the enactment of this section, appro-
priated funds may not be used for the operation of the
Commission to carry out its functions under this Act.’’.
(b) INCREASE
IN
ALLOWABLE
FEES.—Section
18(a)(2)(B) of such Act (25 U.S.C. 2717(a)(2)(B)) is
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amended 
by 
striking 
‘‘$1,500,000’’ 
and 
inserting
‘‘$3,750,000’’.
SEC. 14. REPORTS.
(a) CRIMINAL ACTIVITY RELATING TO INDIAN-SPON-
SORED GAMING ESTABLISHMENTS.—Not later than six
months after the date of the enactment of this Act, the
Attorney General of the United States, the Secretary of
the Treasury, and the Secretary of the Interior, jointly,
shall conduct a study and submit a report to the Congress
on criminal activity, including the pressure of organized
crime, on Indian-sponsored gaming establishments.
(b) MOST EFFECTIVE GAMING REGULATIONS.—Not
later than one year after the date of enactment of this
Act, the Attorney General shall conduct a study of the
most effective gaming regulations both on and off Indian
reservations and prepare and disseminate to the public a
report to serve as a guide for States and Indian tribes
seeking to regulate Indian gaming. The report shall in-
clude model regulations to serve as a guide for regulations
under a Tribal-State compact under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).
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