I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. INDIAN GAMING RESTRICTED.
(a) REGULATION
OF CLASS II GAMING.—Section
11(b) of the Act (25 U.S.C. 2710(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) by inserting ‘‘(i)’’ after ‘‘(A)’’;
(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 the following:
‘‘(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;
(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 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 for any purpose by any person, organization, or
entity which conducts the authorized gaming activity
as part of a commercial, for-profit business enter-
prise; except that a Tribal-State compact may per-
mit any other class III gaming authorized by a State
if conducted in accordance with State law;’’; and
(2) by redesignating subparagraph (C) as sub-
paragraph (D) and inserting after subparagraph (B)
the following new subparagraph:
‘‘(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. 2. DEFINITION OF CLASS III GAMING.
Section 4 of the 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, slot machines (as such term is defined in
subsection (a)(1) 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 games or devices, such as video bingo, video
pull-tabs, video keno, and video blackjack’’.
SEC. 3. COMPACT NEGOTIATION.
(a) BURDEN OF PROOF.—Section 11(d)(7)(B)(ii) of
the 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’’ and inserting ‘‘burden of proof shall be
upon the Indian tribe to prove that the State’’.
(b) CERTAIN EVIDENCE.—Section 11(d)(7)(B)(iii) of
the Act (25 U.S.C. 2710(d)(7)(B)(iii)) is amended—
(1) in subclause (I), by striking ‘‘, and’’ and in-
serting a semicolon;
(2) in subclause (II), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(III) except as provided in clause
(ii), shall not consider as evidence that the
State has not negotiated in good faith a
demand by the State that the gaming ac-
tivities contemplated by the compact be
conducted on the same basis as gaming ac-
tivities which may be conducted by any
other person or entity under the terms of
relevant State law.’’.
SEC. 4. NATIONAL INDIAN GAMING COMMISSION.
(a) ADDITIONAL MEMBERS.—Section 5(b)(1) of the
Act (25 U.S.C. 2704(b)(1)) is amended—
(1) in the material preceding subparagraph (A),
by striking ‘‘three’’ and inserting ‘‘five’’;
(2) in subparagraph (A), by striking ‘‘and’’;
(3) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(C) two associate members who shall be
appointed by the President, with the advice and
consent of the Senate, from among State offi-
cials.’’.
(b) COMPOSITION.—Section 5(b)(3) of the Act (25
U.S.C. 2704(b)(3)) is amended in the first sentence by
striking ‘‘two’’ and inserting ‘‘three’’.
(c) QUORUM.—Section 5(d) of the Act (25 U.S.C.
2704(d)) is amended by striking ‘‘two’’ and inserting
‘‘three’’.
(d) EFFECTIVE DATE; TRANSITION RULES.—(1) Ex-
cept as required for paragraph (2), the amendments made
by this section shall take effect at the end of the 90-day
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. 5. GAMING ON AFTER ACQUIRED LANDS.
Section 
20(b)(1)(A) 
of 
the 
Act 
(25 
U.S.C.
2719(b)(1)(A)) is amended—
(1) by striking ‘‘and appropriate State and local
officials, including officials of other nearby Indian
tribes,’’ and inserting the following: ‘‘, appropriate
State and local officials (including officials of other
nearby Indian tribes), and officials of other nearby
communities (including communities across State
borders that would be directly affected by gaming
conducted on such lands),’’; and
(2) by striking ‘‘community’’ and inserting
‘‘communities (including communities across State
borders that would be directly affected by gaming
conducted on such lands)’’.
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