reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 4. Administration and Regulation of Class Iii Gaming › 4-29.5-4-20. Bank Secrecy Act Compliance

Sec. 20. The Band shall comply with all applicable provisions of the Bank Secrecy Act, P.L.91-508, October 26, 1970, 31 U.S.C. 5311 et seq., as amended.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 4. Administration and Regulation of Class Iii Gaming › 4-29.5-4-21. Minimum Internal Control Standards; Compliance Oversight Process

Sec. 21. The Band shall conduct its Class III gaming authorized under this Compact pursuant to an internal control system that implements minimum internal control standards for Class III gaming that are no less stringent than the applicable Minimum Internal Control Standards set forth in this Compact and NIGC regulations. If the Band's Certificate of Self-Regulation is revoked, thereafter the Band shall be required to provide a copy of any amendment to its internal control standards to the Indiana Gaming Commission within thirty (30) days of the effective date of such amendment under Band law. If the Indiana Gaming Commission determines that such standards fail to meet the Minimum Internal Control Standards of this Compact or applicable NIGC regulations, the Indiana Gaming Commission shall within thirty (30) days of receiving such amendments, provide the Band with a written notice that specifically identifies the Band internal control standard at issue and the applicable standard under this Compact or NIGC regulations, and, as warranted, an explanation of the reasons underlying the State's determination. Within thirty (30) days of receiving such notice from the State, the Band shall provide a written response to the State that either: (i) refutes the State's determination; or (ii) identifies proposed amendments to the Band's internal control standards to correct the inconsistency, the timeframe for adopting such amendments, and any proposed interim compliance measures to ensure compliance with this compact and NIGC regulations. The State's right to such Compliance Oversight of the Band's internal control systems shall become effective immediately on the date the Certificate of Self-Regulation is revoked notwithstanding any appeal of such revocation the Band may pursue pursuant to 25 U.S.C. 2714. The State's right to such Compliance Oversight of the Band's internal control system shall cease to be effective immediately on the date that the NIGC re-issues a Certificate of Self-Regulation to the Band. The State retains the right, however, to ensure compliance with this subsection in accordance with section 16 of this chapter regardless of the status of the Band's Certificate of Self-Regulation.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 4. Administration and Regulation of Class Iii Gaming › 4-29.5-4-22. Band Notice Requirements

Sec. 22. In furtherance of this chapter, the Band shall notify the State immediately in writing if the Band's Certificate of Self-Regulation is revoked. The Band shall also notify the State: (i) within three (3) business days of any material changes in circumstances that create a duty to advise the NIGC under 25 C.F.R. 518.11, and (ii) within one (1) business day upon receipt of a notice from the NIGC advising the Band of the NIGC's intent to revoke the Band's Certificate of Self-Regulation.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 5. Employee Benefits › 4-29.5-5-1. Employee Benefits; Notice Requirements

Sec. 1. The Band shall provide to any employee whose job duties involve the conduct of Class III gaming at any Gaming Facility pursuant to this Compact, benefits that are substantially equivalent to the benefits to which the employee would be entitled by virtue of the Indiana Employment Security Act, (Indiana P.L.21-1995, Sec. 61, as amended, IC 22-4-1 et seq.), and the Indiana Worker's Compensation Act, (Indiana P.L.144-1986, Sec. 21, as amended, IC 22-3-1-1 et seq.) if his or her employment services were provided to an employer engaged in a business enterprise which is subject to, and covered by, the respective Public Acts. The Band shall, or shall require that its insurance carrier provide written notice to the Worker's Compensation Board of Indiana in accordance with the requirements of IC 22-3-4-13 regarding any employee described in this chapter, which notice shall include information that is substantially equivalent to the information requested on State Form 34401, First Report of Employee Injury, Illness. Nothing in this chapter shall be construed as subjecting the Band to the procedural and administrative processes of Indiana law or to the authority or jurisdiction of Indiana administrative bodies, tribunals, or judicial forums.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 6. Providers of Class Iii Gaming Equipment or Supplies › 4-29.5-6-1. Technical Equipment Standards

Sec. 1. No Class III games of chance, gaming equipment, or gaming supplies may be purchased, leased, or otherwise acquired by the Band unless the Class III games, equipment, or supplies meet the technical equipment standards of the State of Indiana, the State of Nevada, or the State of New Jersey.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 6. Providers of Class Iii Gaming Equipment or Supplies › 4-29.5-6-2. Leasing and Purchasing Equipment Conditions

Sec. 2. Prior to entering into any lease or purchase agreement for Class III games of chance, gaming equipment, or gaming supplies, the Band shall obtain sufficient information and identification from the proposed seller or lessor and all persons holding any direct or indirect financial interest in the lessor or the lease/purchase agreement to permit the Pokagon Band Gaming Commission to conduct a background check on those persons. The Band shall not enter into any lease or purchase agreement for Class III games of chance, gaming equipment, or gaming supplies with any person or entity if the lessor or seller, or any manager or person holding direct or indirect financial interest in the lessor or seller or the proposed lease/purchase agreement, is determined to have participated in or have involvement with organized crime or has been convicted of or entered a plea of guilty or no contest to a gambling-related offense, or Fraud or Misrepresentation, or has been convicted of or entered a plea of guilty or no contest to any other felony offense within the immediately preceding five years, unless that person has been pardoned. The Band shall also not enter into any lease or purchase agreement for Class III games of chance, gaming equipment, or gaming supplies unless the seller or lessor is licensed by the Pokagon Band Gaming Commission.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 6. Providers of Class Iii Gaming Equipment or Supplies › 4-29.5-6-3. Licensing Conditions for Class Iii Games Installation

Sec. 3. The seller, lessor, manufacturer, or distributor shall provide, assemble, and install all Class III games of chance, gaming equipment, and gaming supplies in a manner approved and licensed by the Pokagon Band Gaming Commission. The Band shall not enter into any lease or purchase agreement for Class III games of chance, gaming equipment, or supplies unless the seller, lessor, manufacturer, or distributor is licensed by the Pokagon Band Gaming Commission.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 6. Providers of Class Iii Gaming Equipment or Supplies › 4-29.5-6-4. Class Iii Testing Standards

Sec. 4. Any testing of Class III games of chance, gaming equipment, and gaming supplies shall be conducted by an independent testing laboratory that has been certified for compliance with applicable International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) standards for technical competence by an ISO/IEC accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA), or the substantially equivalent successor arrangement. The approval of such Class III games of chance, gaming equipment, and gaming supplies in accordance with applicable standards shall be subject to the exclusive regulatory authority of the Pokagon Band Gaming Commission.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 7. Dispute Resolution › 4-29.5-7-1. Dispute Resolution Authority

Sec. 1. In the event that either party to this Compact believes that the other party has failed to comply with the requirements of this Compact or has otherwise breached any provision of this Compact, or in the event of any dispute hereunder, including but not limited to a dispute over the proper interpretation of the terms and conditions of this Compact, such party may invoke the dispute resolution procedures set forth in this chapter.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 7. Dispute Resolution › 4-29.5-7-2. Informal Dispute Resolution

Sec. 2. Informal Dispute Resolution. The party asserting noncompliance or seeking an interpretation of any provision of this Compact shall serve written notice on the other party. The notice shall identify the specific Compact provision alleged to have been violated or in dispute and shall specify in detail the asserting party's contention and any factual and legal basis for the claim or dispute. Representatives of the State and the Band shall meet within thirty (30) calendar days of receipt of the notice in an effort to resolve the claim or dispute, unless the parties mutually agree to extend this period.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 7. Dispute Resolution › 4-29.5-7-3. Federal Court Jurisdiction

Sec. 3. Federal Court Jurisdiction. In the event that the Band and the State are unable to resolve a claim or dispute through the process specified in section 2 of this chapter within ninety (90) days after service of the required notice in section 2 of this chapter, the party asserting noncompliance or seeking an interpretation of any provision of this Compact may pursue resolution through an action brought in a United States District Court ("federal court"). In order to effectuate this section, and in the exercise of its sovereignty, the Band expressly and irrevocably waives its sovereign immunity in connection with any action brought in a federal court to resolve any claim or dispute under this Compact. In order to effectuate this section, and in the exercise of its sovereignty, the State expressly and irrevocably waives its sovereign immunity in connection with any action brought in a federal court to resolve any claim or dispute under this Compact, provided that the State's waiver of its sovereign immunity under this section shall not extend to any claim or dispute related to the State's consideration of a renewal term or negotiation of a successor compact under IC 4-29.5-12 or to its consideration of a proposed amendment to this Compact under IC 4-29.5-16.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 7. Dispute Resolution › 4-29.5-7-4. Binding Arbitration

Sec. 4. Binding Arbitration. In the event that the Band and the State are unable to resolve a claim or dispute through the process specified in section 2 of this chapter within ninety (90) days after service of the required notice in section 2 of this chapter, the Band and the State may by mutual written consent as to such claim or dispute, agree to pursue resolution of the claim or dispute through binding arbitration. The party asserting noncompliance or seeking an interpretation of any provision of this Compact may, upon first obtaining such mutual written consent, pursue resolution through binding arbitration. Any arbitration under this authority shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("Rules") except that the arbitrators shall be attorneys who are licensed members of the Indiana State Bar, the State Bar of Michigan, or the bar of another state, in good standing, and shall be selected by the State appointing one arbitrator, the Band appointing a second arbitrator, and the two so appointed shall select a third arbitrator who shall serve as the chair. If the third arbitrator is not chosen in this manner within ten (10) days after the second arbitrator is appointed, the third arbitrator shall be selected in accordance with the Rules. The Band and the State shall each bear their own costs of arbitration and attorney fees and shall equally share the administrative cost and fees for the arbitration services. In order to effectuate this section, and in the exercise of its sovereignty, the Band expressly and irrevocably waives its sovereign immunity in connection with the arbitrator's jurisdiction and in any action brought in a federal court to: (1) enforce the Band's obligation to arbitrate, (2) enforce or confirm any arbitral award rendered in the arbitration, or (3) enforce or execute a judgment based upon the award. In order to effectuate this section, and in the exercise of its sovereignty, the State expressly and irrevocably waives its sovereign immunity in connection with the arbitrator's jurisdiction and in any action brought in a federal court to: (1) enforce the State's obligation to arbitrate, (2) enforce or confirm any arbitral award rendered in the arbitration, or (3) enforce or execute a judgment based upon the award.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 7. Dispute Resolution › 4-29.5-7-5. Construction of Dispute Resolution Provisions

Sec. 5. Nothing in this chapter shall be construed to waive, limit, or restrict any remedy which is otherwise available to either party to enforce or resolve disputes concerning the provisions of this Compact. The Band and the State agree that neither party shall be entitled to assert as part of a defense or response to any dispute resolution procedure under this chapter that there was a failure to first exhaust all administrative remedies or to first exhaust all Band remedies. Except as expressly stated otherwise, nothing in this Compact shall be deemed a waiver of the Band's sovereign immunity. Except as expressly stated otherwise, nothing in this Compact shall be deemed a waiver of the State's sovereign immunity.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 8. Notice to Patrons › 4-29.5-8-1. Notice to Patrons

Sec. 1. In each of its Class III gaming facilities on the South Bend Site, the Band shall post in a prominent location a notice to patrons at least two (2) feet by three (3) feet in dimension with the following language:
NOTICE
THIS FACILITY IS REGULATED BY ONE OR MORE OF THE FOLLOWING: THE NATIONAL INDIAN GAMING COMMISSION, BUREAU OF INDIAN AFFAIRS OF THE U.S. DEPARTMENT OF THE INTERIOR, AND THE GOVERNMENT OF THE POKAGON BAND OF POTAWATOMI INDIANS
THIS FACILITY IS NOT REGULATED BY THE STATE OF INDIANA
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 9. Infrastructure and Site Improvements › 4-29.5-9-1. Infrastructure and Serving Class Iii Gaming on South Bend Site

Sec. 1. Infrastructure and Serving Class III Gaming on the South Bend Site. To the extent that the Band determines that it is not feasible and desirable to extend existing Band infrastructure or develop new Band infrastructure to provide water, sewer, or other essential utility services to the South Bend Site in order to provide for the safe and sanitary operation of a Gaming Facility on such site, the Band shall arrange for such services to the site through public or private providers on such terms and at such costs as would apply to other similar customers under applicable law.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 9. Infrastructure and Site Improvements › 4-29.5-9-2. Site Improvements; Compliance With Federal and State Law; Coordination With Indiana Department of Environmental Management

Sec. 2. Site Improvements. In the development and operation of any Gaming Facility, the Band shall maintain compliance with IGRA 2710(b)(2)(E) to ensure that the construction and maintenance of such Gaming Facility and its operation is conducted in a manner that adequately protects public health and safety and the environment. With respect to all improvements on the South Bend Site, the Band shall maintain legal standards that are at least as rigorous as corresponding Indiana laws pertaining to such site improvements, including but not limited to construction and safety standards for Class 1 structures in applicable model codes of the International Code Council or the National Fire Protection Association, as adopted and amended by the State. With respect to infrastructure and improvements to the South Bend Site, in addition to the Band's obligation to comply with the Band's Health And Safety Act and other Band law, the Band shall comply with the following laws: (i) applicable federal environmental laws and their implementing regulations, including without limitation the Endangered Species Act, the Clean Water Act, the Clean Air Act, and the National Indian Forest Resources Management Act; and (ii) with regard to any State regulated wetlands, the compensatory mitigation standards and requirements under IC 13-18-22. Prior to undertaking improvements to the South Bend Site that may implicate the foregoing federal and Indiana environmental laws, the Band agrees to coordinate with the Indiana Department of Environmental Management to ensure Band compliance with such laws.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 10. Parity › 4-29.5-10-1. Taxation

Sec. 1. Tax Parity. Nothing in this Compact shall be deemed to authorize the State to impose any tax, fee, charge, or assessment upon the Band or any Band gaming operation or Gaming Facility except for the reimbursement of expenses expressly authorized pursuant to this Compact. To the extent that the Band is required under federal law, however, to withhold federal income tax from the gaming winnings of non-tribal patrons, the Band agrees to withhold State individual income tax from gaming winnings of non-tribal patrons in the amounts set forth in applicable Indiana law. The Band shall maintain as enacted Band law Band taxes on retail sales, food and beverage service, and hotel occupancy, which taxes shall be in an amount that is equal to or greater than any corresponding State and local taxes which would be applicable to the Band's Class III gaming operation if it were not located on the South Bend Site. The Band shall remit amounts withheld for State individual income tax together with Indiana Department of Revenue Form WH-1 to the Indiana Department of Revenue. The Band shall also annually submit in accordance with due date under Indiana law Indiana Department of Revenue Form WH-3 to the Indiana Department of Revenue in order to reconcile the total amounts remitted and submitted on Form WH-1 and the details of the amounts withheld per individual.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 10. Parity › 4-29.5-10-2. Minority and Women-Owned Businesses

Sec. 2. Minority and Women-Owned Businesses. The Band agrees that it shall make a good faith effort to utilize certified minority and women-owned businesses in an amount that is consistent with the most recent disparity study conducted by the Indiana Gaming Commission under IC 4-33-14-5(b) and IC 4-35-11-6(b).
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 10. Parity › 4-29.5-10-3. Child Support Withholdings

Sec. 3. Child Support Withholdings. If the Band is required to file Form W-2G or a substantially equivalent form with the United States Internal Revenue Service for a person who is a resident of the State and has been identified through information supplied to the Band by the Child Support Bureau of the Department of Child Services established by IC 31-25-3-1 (the "Bureau") as delinquent in child support, before payment of cash winnings to the person, the Band:
(1) May deduct and retain an administrative fee in the amount of the lesser of: (a) three percent (3%) of the amount of delinquent child support withheld under subdivision 2(a); or (b) one hundred dollars ($100); and
(2) Shall (a) withhold the amount of delinquent child support owed from the cash winnings; (b) transmit to the Bureau: (i) the amount withheld for delinquent child support; and (ii) identifying information, including the full name, address, and Social Security Number of the obligor and the child support case identifier, the date and amount of the payment, and the name and location of the Band and the South Bend Site; and (c) issue the obligor a receipt in a form prescribed by the Bureau with the total amount withheld for delinquent child support and the administrative fee.
The Bureau shall as soon as practicable provide information to the Band concerning persons who are delinquent in child support.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 10. Parity › 4-29.5-10-4. Emergency Plan

Sec. 4. Emergency Plan. The Band shall within thirty (30) days of the Effective Date submit to the State an emergency operation plan as defined in Section 2.05 of the Pokagon Band Health and Safety Act (an emergency response plan as defined in 68 IAC 8-2). The Band shall within sixty (60) days of the end of each Payment Period notify the State whether there have been any amendments to its emergency operation plan and, if so, provide a copy of the amended plan to the State. This requirement is intended to facilitate cooperation between the State and the Band regarding their mutual interest and responsibility to ensure public safety and coordinate their efforts in the event of a public emergency response at a Gaming Facility. The Band's emergency operation plan shall comply with the minimum standards and requirements set forth in 68 IAC 8-2. This provision shall not be construed as requiring compliance with the procedural requirements of 68 IAC 8-2 and shall not be construed as subjecting the Band to State jurisdiction.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 10. Parity › 4-29.5-10-5. Political Donations

Sec. 5. Political donations. Any Band elected official, any entity controlled or owned by the Band that operates a Gaming Facility, or any officer of such entity may not make a contribution (as defined in IC 3-5-2-15) to a candidate or a committee during the following periods: (1) the duration of this Compact; and (2) the three (3) years following the final expiration or termination of this Compact. The following definitions apply for purposes of this subsection. A "candidate" means a candidate for a state office, a candidate for a legislative office, or a candidate for a local office. A "committee" means a candidate's committee, a regular party committee, a committee organized by a legislative caucus of the house of the general assembly, or a committee organized by a legislative caucus of the senate of the general assembly.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 10. Parity › 4-29.5-10-6. Voluntary Exclusion Program

Sec. 6. Voluntary Exclusion Program. The Band shall make all reasonable attempts to cease all direct marketing efforts to a person participating in the voluntary exclusion program established under IC 4-33-4-3 and to eject such person found within the Gaming Facility. The Band also shall make all reasonable efforts to avoid cashing the check or extending credit of any person at the Gaming Facility who is participating in the voluntary exclusion program. The Indiana Gaming Commission shall provide the Band with information necessary to ensure compliance with this subsection. The Band agrees to strictly maintain the confidentiality of participants in the program consistent with the standards under applicable Indiana law.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 10. Parity › 4-29.5-10-7. Indiana Gaming Commission Exclusion List

Sec. 7. IGC Exclusion List. The Band shall eject or exclude a person from its Gaming Facility authorized under this Compact if that person is placed on the Indiana Gaming Commission's Exclusion List pursuant to IC 4-33-4-7. The Indiana Gaming Commission shall as soon as practicable provide the Band with information necessary to ensure compliance with this subsection. The Band shall as soon as practicable provide to the State a list of any persons ejected or excluded from any Band facility where Class III gaming is authorized pursuant to Band law.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 10. Parity › 4-29.5-10-8. Alcohol

Sec. 8. Notwithstanding IC 7.1-5-5-7, the Band, upon approval by the Indiana Alcohol and Tobacco Commission, may provide alcohol to its guests at less than cost or without charge at an event at its Gaming Facility in conformity with IC 7.1-3-17.5-6.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 11. Effective Date › 4-29.5-11-1. Effective Date

Sec. 1. This Compact shall be effective immediately upon:
(1) Endorsement by the Tribal Chairperson and Tribal Secretary and concurrence in that endorsement by resolution of the Tribal Council;
(2) Endorsement by the Governor of the State and ratification by the State General Assembly as required by Indiana law;
(3) Approval by the Secretary of the Interior of the United States; and
(4) Publication in the Federal Register.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 12. Binding Effect, Duration, and Severability › 4-29.5-12-1. Binding Effect

Sec. 1. This Compact shall be binding upon the State and the Band for an initial term of twenty (20) years (the "Initial Term") from the Effective Date unless amended in accordance with IC 4-29.5-16 or terminated by written agreement of both parties.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 12. Binding Effect, Duration, and Severability › 4-29.5-12-2. Renewal Process

Sec. 2. Upon completion of the Initial Term, this Compact shall renew for an additional ten (10) year term (a "Renewal Term") if, at least three hundred sixty-five (365) days prior to the expiration of the Initial Term, the Band serves written notice on the State requesting that the Compact be renewed for a Renewal Term, unless at least three hundred sixty-five (365) days prior to the expiration of the Initial Term, the General Assembly of the State, by concurrent resolution, rejects the renewal of this Compact for the Renewal Term.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 12. Binding Effect, Duration, and Severability › 4-29.5-12-3. Additional Renewal Term

Sec. 3. Upon completion of a Renewal Term, as applicable, this Compact shall renew for an additional Renewal Term if, at least three hundred sixty-five (365) days prior to the expiration of the Renewal Term then in effect, the Band serves written notice on the State requesting that the Compact be renewed for an additional Renewal Term, unless at least three hundred sixty-five (365) days prior to the expiration of the Renewal Term then in effect, the General Assembly of the State, by concurrent resolution, rejects the renewal of this Compact for the additional Renewal Term.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 12. Binding Effect, Duration, and Severability › 4-29.5-12-4. Successor Compact; Negotiation Procedure

Sec. 4. If the General Assembly of the State rejects the renewal of this Compact for a Renewal Term under section 2 of this chapter or section 3 of this chapter, the Band may request to negotiate a successor compact by serving written notice on the State prior to the expiration of the Initial Term or the Renewal Term then in effect. In the event that the Band serves written notice on the State under this subsection and the parties are unable to conclude a successor compact prior to the expiration of the Initial Term or Renewal Term then in effect, then this Compact shall remain in effect pending exhaustion of the administrative and judicial remedies set forth in IGRA, provided that in the event that the State raises the defense of sovereign immunity in the administrative or judicial proceedings, this Compact shall remain in effect pending the negotiation and approval of any successor compact.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 12. Binding Effect, Duration, and Severability › 4-29.5-12-5. Class Iii Gaming Limitation While Compact in Effect

Sec. 5. The Band may operate Class III gaming only while this Compact is in effect during the Initial Term, a Renewal Term, while any successor or amended Compact is in effect, and for the duration of any period that this Compact remains in effect pursuant to section 4 of this chapter.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 12. Binding Effect, Duration, and Severability › 4-29.5-12-6. Duration to Resolve Disputes

Sec. 6. Notwithstanding anything to the contrary in this chapter, following the expiration of the Initial Term or the last Renewal Term, any successor or amended Compact, or any extension of the Compact pursuant to section 4 of this chapter, this Compact shall remain in effect for a period of two years (the "Limited Dispute Period") only for the specific and limited purposes of resolving any claims or disputes pursuant to IC 4-29.5-7, including any obligations arising under IC 4-29.5-17.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 12. Binding Effect, Duration, and Severability › 4-29.5-12-7. Severability

Sec. 7. In the event that any chapter of this article or provision of this Compact is disapproved by the Secretary of the Interior of the United States or is held invalid by any court of competent jurisdiction, it is the intent of the parties that the remaining chapters of this article or provisions of this Compact, and any amendments thereto, shall continue in full force and effect. This severability provision does not apply to IC 4-29.5-17.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 13. Notice to Parties › 4-29.5-13-1. Notice to Parties

Sec. 1. Unless otherwise indicated, all notices, payments, requests, reports, information or demands which any party hereto may desire or may be required to give to the other party hereto, shall be in writing and shall be personally delivered or sent by first-class, certified or registered United States Mail, postage prepaid, return receipt requested, and sent to the other party at its address appearing below or such other address as any party shall hereinafter inform the other party hereto by written notice given as aforesaid:
Notice to the Band shall be sent to:
Tribal Chairperson
Pokagon Band of Potawatomi Indians
58620 Sink Road
Dowagiac, MI 49047
Notice to the State shall be sent to:
Office of the Governor
Indiana Statehouse
200 W. Washington St.
Indianapolis, IN 46204-2797
Every notice, payment, request, report, information or demand so given shall be deemed effective upon receipt, or if mailed, upon receipt or the expiration of the third day following the day of mailing, whichever occurs first, except that any notice of change of address shall be effective only upon receipt by the party to whom said notice is addressed.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 14. Entire Agreement › 4-29.5-14-1. Entire Agreement Construction

Sec. 1. This Compact is the entire agreement between the parties and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. Neither this Compact nor any provision herein may be changed, waived, discharged, or terminated orally, but only by an amendment that meets the requirements of IC 4-29.5-16.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 15. Filing of Compact With the Indiana Secretary of State › 4-29.5-15-1. Filing Requirements

Sec. 1. Following publication of this Compact in the Federal Register, the Governor shall file a certified copy of the Compact with the Indiana Secretary of State and shall transmit a copy to the State General Assembly and the Indiana Attorney General.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 16. Amendments › 4-29.5-16-1. Amendment Procedures

Sec. 1. This Compact may be amended by mutual agreement between the Band and the State as follows:
(1) The Band or the State may propose amendments to the Compact by providing the other party with notice of the proposed amendment as follows:
(A) The Band shall propose amendments pursuant to the notice provisions of this Compact by submitting the proposed amendments to the Governor who shall act for the State pursuant to the authority delegated under IC 4-29.
(B) The State, acting through the Governor, shall propose amendments by submitting the proposed amendments to the Band pursuant to the notice provisions of this Compact.
(2) The party receiving the proposed amendment shall advise the requesting party within forty-five (45) days as follows:
(A) That the receiving party agrees to the proposed amendment; or
(B) That the receiving party rejects the proposed amendment as submitted and agrees to meeting concerning the subject of the proposed amendment.
(3) The Governor shall submit any amendment agreed to between the parties to the State General Assembly for ratification as required by Indiana law.
(4) Upon ratification by the State General Assembly, the Band shall submit the amendment to the Secretary of the Interior for approval pursuant to the provisions of IGRA.
(5) Upon the effective date of the amendment, the Governor shall file a certified copy with the Indiana Secretary of State and transmit a copy to the State General Assembly and the Indiana Attorney General.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 17. Payments to the State in Exchange for Market Exclusivity › 4-29.5-17-1. Band's Exclusive Right for Class Iii Gaming

Sec. 1. Notwithstanding IGRA's express prohibition against state taxation of tribal gaming activities, revenue-sharing payments from tribal gaming to a state may be considered lawful under IGRA when such payments are bargained for in exchange for meaningful concessions from the state, i.e., quantifiable economic benefits over which the state is not required to negotiate under IGRA, such as substantial exclusive rights to engage in Class III gaming activities. Accordingly, and as consideration for the revenue sharing payments required under section 2 of this chapter, the State agrees that the Band's right to conduct Class III gaming on the South Bend Site under IC 4-29.5-3 shall be exclusive of any "Expanded Gaming" within the "Exclusivity Area", which is comprised of the Indiana counties of Elkhart, Fulton, Jasper, Kosciusko, LaGrange, Lake, LaPorte, Marshall, Miami, Noble, Porter, Pulaski, St. Joseph, Starke, Wabash, and Whitley. For purposes of this paragraph, Expanded Gaming means, within the Exclusivity Area and as of the Endorsement Date, (i) the licensure of any Gambling Operation as defined in IC 4-29.5-2-12(1) if that licensure would result in a greater number of Gambling Operations within the Exclusivity Area, would permit a Gambling Operation that holds a license as of the Endorsement Date to relocate to a new licensed location within the Exclusivity Area (other than the relocation from a dock site to property adjacent to the dock site, as permitted by Indiana Code 4-33-6-24), or would permit a Gambling Operation that does not hold a license for a location within the Exclusivity Area as of the Endorsement Date to locate to a new licensed location within the Exclusivity Area; or (ii) the licensure of any Gambling Operation as defined in IC 4-29.5-2-12(2) for a location within the Exclusivity Area. Subject to the foregoing limitations regarding Gambling Operations within the Exclusivity Area, the term Expanded Gaming shall not include (i) any new gaming facility or any expansion of an existing gaming facility in which the Band has the "sole proprietary interest", as that term is defined at IGRA 2710(b)(2)(A) and 25 C.F.R. 522.4(b)(l); (ii) any new game operated by the Band at such facilities under this Compact or under any successor compact; (iii) any new game operated at a Gambling Operation that holds a license as of the Endorsement Date; (iv) any new game operated by the Indiana State Lottery pursuant to IC 4-30; or (v) any new game operated by a "qualified organization" as defined in IC 4-32.3-2-31, (vi) any new game operated by a satellite facility licensed under IC 4-31-5, or (vii) any new game operated by a retailer endorsement or license under IC 4-36-4.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 17. Payments to the State in Exchange for Market Exclusivity › 4-29.5-17-2. Revenue Sharing Payments in Exchange for Exclusivity

Sec. 2. As consideration for the meaningful concessions from the State described in section 1 of this chapter and provided that the State is not in breach of its obligations regarding Expanded Gaming in the Exclusivity Area, the Band shall make annual payments to the State of eight percent (8%) of the Net Win at its South Bend Site Class III Gaming Facility. In the event that the State breaches its obligations regarding Expanded Gaming in the Exclusivity Area, the Band's obligation to make the annual payment to the State described in this section shall immediately cease as of the date of the breach.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 17. Payments to the State in Exchange for Market Exclusivity › 4-29.5-17-3. Class Ii Gaming Payments

Sec. 3. In the event that the Band continues to conduct Class II gaming at its South Bend Site Gaming Facility after the Effective Date of this Compact, beginning with the second full Payment Period the total amount of the Band's payment of Net Win to the State due under section 2 of this chapter shall be in an amount that is not less than:
(1) the total Net Win from all Class III Electronic Games of Chance;
(2) divided by the total number of such Class III Electronic Games of Chance;
(3) multiplied by eighty-five percent (85%) of the total number of all electronic Class II gaming devices and all Class III Electronic Games of Chance in operation on the last day of the Payment Period; and
(4) multiplied by the applicable percentage of Net Win due under section 2 of this chapter.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 17. Payments to the State in Exchange for Market Exclusivity › 4-29.5-17-4. Payment Period

Sec. 4. All annual payments made by the Band to the State under section 2 of this chapter shall be based on a full Payment Period, provided that the first payment under this provision may be for a period of less than a full Payment Period beginning on the day that Class III gaming commences on the South Bend Site and through July 31 immediately subsequent thereto. Payments for each Payment Period shall be made within sixty (60) days of the end of that Payment Period.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 17. Payments to the State in Exchange for Market Exclusivity › 4-29.5-17-5. Revenue Allocation Requirements

Sec. 5. Funds received by the State under this chapter shall be expended at the direction of the Indiana State Budget Director, subject to appropriation by the Indiana General Assembly. It is the intent of the State and the Band that the funds be used in the following program areas: (i) education, (ii) economic and workforce development, (iii) tourism promotion, and (iv) public health.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 17. Payments to the State in Exchange for Market Exclusivity › 4-29.5-17-6. Annual Payment Reduction

Sec. 6. In addition, from the total amount of each annual payment due to the State under section 2 of this chapter, the Band shall reduce such amount by up to one million dollars ($1,000,000) as provided in IC 4-29.5-18.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 17. Payments to the State in Exchange for Market Exclusivity › 4-29.5-17-7. Revenue Sharing Annual Reporting

Sec. 7. The Band shall file an annual report with the State, coinciding with the remittance of the payment due under section 2 of this chapter, that includes the following information:
(1) calculations and supporting data for the Band's determination of the Net Win payment under section 2 of this chapter, and specifically denoting the revenues from all Electronic Games of Chance;
(2) calculations and supporting data for the Band's determination of the amount of any additional payment that may be owed under section 3 of this chapter; and
(3) the amount and use of the scholarship funds set aside under section 5 of this chapter.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 18. Pokagon Indiana Education Fund › 4-29.5-18-1. Revenue for Band Citizens' Education

Sec. 1. For so long as the Band makes payments in accordance with IC 4-29.5-17, the Band shall allocate a portion of the annual payment to provide funding for public postsecondary and vocational education for Band citizens (the "Pokagon Indiana Education Fund").
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 18. Pokagon Indiana Education Fund › 4-29.5-18-2. Pokagon Indiana Education Fund; Band Citizen Eligibility

Sec. 2. The Pokagon Indiana Education Fund shall be used solely to make payments directly to Indiana public institutions of higher learning or workforce development and training programs approved by the Indiana Department of Workforce Development for eligible Band citizens for direct costs and expenses, such as tuition, on-campus room and board, and other direct education expenses. To be eligible, a Band citizen must (i) be enrolled in the Band prior to benefitting from any payment, and (ii) meet the education or workforce provider admission requirements. Priority shall be given to Band citizens who are legal residents of the State of Indiana as of the date of their application for benefits.
As added by P.L.171-2021, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 29.5. Tribal-State Compact With the Pokagon Band of Potawatomi Indians › Chapter 18. Pokagon Indiana Education Fund › 4-29.5-18-3. Pokagon Indiana Education Fund Administration; Audit Procedures

Sec. 3. The Pokagon Indiana Education Fund shall be administered as follows:
(1) The Pokagon Indiana Education Fund shall be established by the Band solely for the purposes set forth in this chapter and shall be maintained separate from all other Band (sovereign) funds. The Pokagon Indiana Education Fund shall be held in an interest-bearing account at a financial institution that is subject to Indiana law and located within the State of Indiana.
(2) The Band shall arrange for an annual independent audit of the Pokagon Indiana Education Fund that includes a schedule of all payments and payees for the audit period with an attestation that the funds were used in compliance with this chapter. The audit shall be delivered to the Indiana Department of Workforce Development, with courtesy copies to the Indiana Gaming Commission and the Indiana Native American Affairs Commission. The cost of the audit may be paid from the fund.
As added by P.L.171-2021, SEC.1.