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S. 555 (100th): Indian Gaming Regulatory Act

The text of the bill below is as of Oct 17, 1988 (Passed Congress).

Summary of this bill

Source: Wikipedia

The Indian Gaming Regulatory Act (Pub.L. 100–497, 25 U.S.C. § 2701 et seq.) is a 1988 United States federal law that establishes the jurisdictional framework that governs Indian gaming. There was no federal gaming structure before this act. The stated purposes of the act include providing a legislative basis for the operation/regulation of Indian gaming, protecting gaming as a means of generating revenue for the tribes, encouraging economic development of these tribes, and protecting the enterprises from negative influences (such as organized crime). The law established the National Indian Gaming Commission and gave it a regulatory mandate. The law also delegated new authority to the U.S. Department of the …


PUBLIC LAW 100-497—OCT. 17, 1988                         102 STAT. 2467
Public Law 100-497
100th Congress
                               An Act
                                                                           Oct. 17, 1988
                   To r^ulate gaming on Indian lands.                        ro rre-i

 Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,                           Indian Gaming
That this Act may be cited as the "Indian Gaming Regulatory Act",         ^^s^l^^ory Ad.
                                                                          25 u s e 2701
                                                                          note.
                              FINDINGS

  SEC. 2. The Congress finds that—                                        25 use 2701.
       (1) numerous Indian tribes have become engaged in or have
    licensed gaming activities on Indian lands as a means of
    generating tribal governmental revenue;
       (2) Federal courts have held that section 2103 of the Revised
    Statutes (25 U.S.C. 81) requires Secretarial review of manage-
    ment contracts dealing with Indian gaming, but does not pro-
    vide standards for approval of such contracts;
       (3) existing Federal law does not provide clear standards or
    regulations for the conduct of gaming on Indian lands;
       (4) a principal goal of Federal Indian policy is to promote
    tribal economic development, tribal self-sufficiency, and strong
    tribal government; and
       (5) Indian tribes have the exclusive right to regulate gaming
    activity on Indian lands if the gaming activity is not specifically
    prohibited by Federal law and is conducted within a State
    which does not, as a matter of criminal law and public policy,
    prohibit such gaming activity.
                       DECLARATION OF POUCY

  SEC. 3. The purpose of this Act is—                                  25 use 2702.
      (1) to provide a statutory basis for the operation of gaming by
    Indian tribes as a means of promoting tribal economic develop-
    ment, self-sufficiency, and strong tribal governments;
      (2) to provide a statutory basis for the regulation of gaming by
    an Indian tribe adequate to shield it from organized crime and
    other corrupting influences, to ensure that the Indian tribe is
    the primary beneficiary of the gaming operation, and to assure
    that gaming is conducted fairly and honestly by both the opera-
    tor and players; and
      (3) to declare that the establishment of independent Federal
    regulatory authority for gaming on Indian lands, the establish-
    ment of Federal standards for gaming on Indian lands, and the
    establishment of a National Indian Gaming Commission are
    necessary to meet congressional concerns regarding gaming and
    to protect such gaming as a means of generating tribal revenue.
                             DEFINITIONS

  SEC. 4. For purposes of this Act—                                       25 use 2703.

102 STAT. 2468 PUBLIC LAW 100-497—OCT. 17, 1988 (1) The term "Attorney General" means the Attorney General of the United States. (2) The term "Chairman" means the Chairman of the Na- tional Indian Gaming Commission. (3) The term "Commission" means the National Indian Gaming Commission established pursuant to section 5 of this Act. (4) The term "Indian lands" means— (A) all lands within the limits of any Indian reservation; and (B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individ- ual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power. (5) The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians which— (A) is recognized as eligible by the Secretary for the special programs and services provided by the United States to Indians because of their status as Indians, and (B) is recognized as possessing powers of self-government. (6) The term "class I gaming" means social games solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as a part of, or in connection with, tribal ceremonies or celebrations. (7XA) The term "class II gaming" means— (i) the game of chance commonly known as bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith)— (I) which is played for prizes, including monetary prizes, with cards bearing numbers or other designa- tions, (II) in which the holder of the card covers such numbers or designations when objects, similarly num- bered or designated, are drawn or electronically deter- mined, and (III) in which the game is won by the first person covering a previously designated arrangement of num- bers or designations on such cards, including (if played in the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo, and (ii) card games that— (I) are explicitly authorized by the laws of the State, or (II) are not explicitly prohibited by the laws of the State and are played at any location in the State, but only if such card games are played in conformity with those laws and regulations (if any) of the State regarding hours or periods of operation of such card games or limita- tions on wagers or pot sizes in such card games. (B) The term "class II gaming" does not include— (i) any banking card games, including baccarat, chemin de fer, or blackjack (21), or
PUBLIC LAW 100-497—OCT. 17, 1988 102 STAT. 2469 (ii) electronic or electromechanical facsimiles of any game of chance or slot machines of any kind. (C) Notwithstanding any other provision of this paragraph, the term "class II gaming" includes those card games played in the State of Michigan, the State of North Dakota, the State of South Dakota, or the State of Washington, that were actually operated in such State by an Indian tribe on or before May 1, 1988, but only to the extent of the nature and scope of the card games that were actually operated by an Indian tribe in such State on or before such date, as determined by the Chairman. (D) Notwithstanding any other provision of this paragraph, the term "class II gaming" includes, during the 1-year period beginning on the date of enactment of this Act, any gaming described in subparagraph (BXii) that was legally operated on Indian lands on or before May 1,1988, if the Indian tribe having jurisdiction over the lands on which such gaming was operated requests the State, by no later than the date that is 30 days after the date of enactment of this Act, to negotiate a Tribal- State compact under section ll(dX3). (8) The term "class III gaming" means all forms of gaming that are not class I gaming or class II gaming. (9) The term "net revenues" means gross revenues of an Indian gaming activity less amounts paid out as, or paid for, prizes and total operating expenses, excluding management fees. (10) The term "Secretary" means the Secretary of the Interior. NATIONAL INDIAN GAMING COMMISSION SEC. 5. (a) There is established within the Department of the Establishment. Interior a Commission to be known as the National Indian Gaming 25 use 2704. Commission. 0)X1) The Commission shall be composed of three full-time mem- bers who shall be appointed as follows: (A) a Chairman, who shall be appointed by the President with President of U.S. the advice and consent of the Senate; and (B) two associate members who shall be appointed by the Secretary of the Interior. (2XA) The Attorney General shall conduct a background investiga- tion on any person considered for appointment to the Commission. (B) The Secretary shall publish in the Federal Register the name Federal and other information the Secretary deems pertinent regarding a Register, nominee for membership on the Commission and shall allow a Publication. period of not less than thirty days for receipt of public comment. (3) Not more than two members of the Commission shall be of the same political party. At least two members of the Commission shall be enrolled members of any Indian tribe. (4XA) Except £is provided in subparagraph (B), the term of office of the members of the Commission shall be three years. (B) Of the initial members of the Commission— (i) two members, including the Chairman, shall have a term of office of three years; and (ii) one member shall have a term of office of one year. (5) No individual shall be eligible for any appointment to, or to continue service on, the Commission, who— (A) has been convicted of a felony or gaming offense;
102 STAT. 2470 PUBLIC LAW 100-497—OCT. 17, 1988 (B) has any financial interest in, or management responsibil- ity for, any gaming activity; or (C) has a financial interest in, or management responsibility for, any management contract approved pursuant to section 12 of this Act. President of U.S. (6) A Commissioner may only be removed from office before the expiration of the term of office of the member by the President (or, in the case of associate member, by the Secretary) for neglect of duty, or malfeasance in office, or for other good cause shown. (c) Vacancies occurring on the Commission shall be filled in the same manner as the original appointment. A member may serve after the expiration of his term of office until his successor has been appointed, unless the member has been removed for cause under subsection (b)(6). (d) Two members of the Commission, at least one of which is the Chairman or Vice Chairman, shall constitute a quorum. (e) The Commission shall select, by majority vote, one of the members of the Commission to serve as Vice Chairman. The Vice Chairman shall serve as Chairman during meetings of the Commis- sion in the absence of the Chairman. (f) The Commission shall meet at the call of the Chairman or a majority of its members, but shall meet at least once every 4 months. (g)(1) The Chairman of the Commission shall be paid at a rate equal to that of level IV of the Executive Schedule under section 5315 of title 5, United States Code. (2) The associate members of the Commission shall each be paid at a rate equal to that of level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) All members of the Commission shall be reimbursed in accord- ance with title 5, United States Code, for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. POWERS OF THE CHAIRMAN 25 use 2705. SEC. 6. (a) The Chairman, on behalf of the Commission, shall have power, subject to an appeal to the Commission, to— (1) issue orders of temporary closure of gaming activities as provided in section 14(b); (2) levy and collect civil fines as provided in section 14(a); (3) approve tribal ordinances or resolutions regulating class II gaming and class III gaming as provided in section 11; and (4) approve management contracts for class II gaming and class III gaming as provided in sections 11(d)(9) and 12. (b) The Chairman shall have such other powers as may be dele- gated by the Commission. POWERS OF THE COMMISSION 25 use 2706. SEC. 7. (a) The Commission shall have the power, not subject to delegation— (1) upon the recommendation of the Chairman, to approve the annual budget of the Commission as provided in section 18; (2) to adopt regulations for the assessment and collection of civil fines as provided in section 14(a); (3) by an affirmative vote of not less than 2 members, to establish the rate of fees as provided in section 18;
PUBLIC LAW 100-497—OCT. 17, 1988 102 STAT. 2471 (4) by an affirmative vote of not less than 2 members, to authorize the Chairman to issue subpoenas as provided in sec- tion 16; and (5) by an affirmative vote of not less than 2 members and after a full hearing, to make permanent a temporary order of the Chairman closing a gaming activity as provided in section 14(b)(2). (b) The Commission— (1) shall monitor class II gaming conducted on Indian lands on a continuing basis; (2) shall inspect and examine all premises located on Indian lands on which class II gaming is conducted; (3) shall conduct or cause to be conducted such background investigations as may be necessary; (4) may demand access to and inspect, examine, photocopy, and audit all papers, books, and records respecting gross reve- nues of class II gaming conducted on Indian lands and any other matters necessary to carry out the duties of the Commission under this Act; (5) may use the United States mail in the same manner and under the same conditions as any department or agency of the United States; (6) may procure supplies, services, and property by contract in accordance with applicable Federal laws and regulations; (7) may enter into contracts with Federal, State, tribal and private entities for activities necessary to the discharge of the duties of the Commission and, to the extent feasible, contract the enforcement of the Commission's regulations with the Indian tribes; (8) may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission deems appropriate; (9) may administer oaths or affirmations to witnesses appear- ing before the Commission; and (10) shall promulgate such regulations and guidelines as it Regulations. deems appropriate to implement the provisions of this Act. (c) The Commission shall submit a report with minority views, if Reports. any, to the Congress on December 31, 1989, and every two years thereafter. The report shall include information on— (1) whether the associate commissioners should continue as full or part-time officials; (2) funding, including income and expenses, of the Commis- sion; (3) recommendations for amendments to the Act; and (4) any other matter considered appropriate by the Com- mission. COMMISSION STAFFING SEC. 8. (a) The Chairman shall appoint a General Counsel to the 25 use 2707. Commission who shall be paid at the annual rate of basic pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (b) The Chairman shall appoint and supervise other staff of the Commission without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Such staff shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification
102 STAT. 2472 PUBLIC LAW 100-497—OCT. 17, 1988 and General Schedule pay rates, except that no individual so ap- pointed may receive pay in excess of the annual rate of basic pay payable for GS-17 of the General Schedule under section 5332 of that title. (c) The Chairman may procure temporary and intermittent serv- ices under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of bsisic pay payable for GS-18 of the General Schedule. (d) Upon the request of the Chairman, the head of any Federal agency is authorized to detail any of the personnel of such agency to the Commission to assist the Commission in carr)dng out its duties under this Act, unless otherwise prohibited by law. (e) The Secretary or Administrator of General Services shall provide to the Commission on a reimbursable basis such administra- tive support services as the Commission may request. COMMISSION—ACCESS TO INFORMATION 25 use 2708. SEC. 9. The Commission may secure from any department or agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chairman, the head of such department or agency shall furnish such information to the Commission, unless otherwise prohibited by law. INTERIM AUTHORITY TO REGULATE GAMING 25 use 2709. SEC. 10. Notwithstanding any other provision of this Act, the Secretary shall continue to exercise those authorities vested in the Secretary on the day before the date of enactment of this Act relating to supervision of Indian gaming until such time as the Commission is organized and prescribes regulations. The Secretary shall provide staff and support assistance to facilitate an orderly transition to regulation of Indian gaming by the Commission. TRIBAL GAMING ORDINANCES 25 use 2710. SEC. 11. (a)(1) Class I gaming on Indian lands is within the exclusive jurisdiction of the Indian tribes and shall not be subject to the provisions of this Act. (2) Any class II gaming on Indian lands shall continue to be within the jurisdiction of the Indian tribes, but shall be subject to the provisions of this Act. (b)(1) An Indian tribe may engage in, or license and regulate, class II gaming on Indian lands within such tribe's jurisdiction, if— (A) such Indian gaming is located within a State that permits such gaming for any purpose by any person, organization or entity (and such gaming is not otherwise specifically prohibited on Indian lands by Federal law), and (B) the governing body of the Indian tribe adopts an ordinance or resolution which is approved by the Chairman. A separate license issued by the Indian tribe shall be required for each place, facility, or location on Indian lands at which class II gaming is conducted. (2) The Chairman shall approve any tribal ordinance or resolution concerning the conduct, or regulation of class II gaming on the Indian lands within the tribe's jurisdiction if such ordinance or resolution provides that—
PUBLIC LAW 100-497—OCT. 17, 1988 102 STAT. 2473 (A) except as provided in paragraph (4), the Indian tribe will have the sole proprietary interest and responsibility for the conduct of any gaming activity; (B) net revenues from any tribal gaming are not to be used for purposes other than— (i) to fund tribal government operations or programs; (ii) to provide for the general welfare of the Indian tribe and its members; (iii) to promote tribal economic development; (iv) to donate to charitable organizations; or (v) to help fund operations of local government agencies; (C) annual outside audits of the gaming, which may be encom- passed within existing independent tribal audit systems, will be provided by the Indian tribe to the Commission; (D) all contracts for supplies, services, or concessions for a Contracts. contract amount in excess of $25,000 annually (except contracts for professional legal or accounting services) relating to such gaming shall be subject to such independent audits; (E) the construction and maintenance of the gaming facility, Environmental and the operation of that gaming is conducted in a manner protection. which adequately protects the environment and the public Safety. health and safety; and (F) there is an adequate system which— (i) ensures that background investigations are conducted on the primary management officials and key employees of the gaming enterprise and that oversight of such officials and their management is conducted on an ongoing basis; and (ii) includes— (I) tribal licenses for primary management officials and key employees of the gaming enterprise with prompt notification to the Commission of the issuance of such licenses; (II) a standard whereby any person whose prior Law activities, criminal record, if any, or reputation, habits enforcement and and Eissociations pose a threat to the public interest or to the effective regulation of gaming, or create or en- hance the dangers of unsuitable, unfair, or illegal prac- tices and methods and activities in the conduct of gaming shall not be eligible for emplojrment; and (III) notification by the Indian tribie to the Commis- sion of the results of such background check before the issuance of any of such licenses. (3) Net revenues from any class II gaming activities conducted or licensed by any Indian tribe may be used to make per capita payments to members of the Indian tribe only if— (A) the Indian tribe has prepared a plan to allocate revenues to uses authorized by paragraph (2XB); (B) the plan is approved by the Secretary as adequate, particu- larly with respect to uses described in clause (i) or (iii) of paragraph (2XB); (C) the interests of minors and other legally incompetent Children and persons who are entitled to receive any of the per capita pay- youth. ments are protected and preserved and the per capita pa3mients are disbursed to the parents or legal guardian of such minors or legal incompetents in such amounts as may be necessary for the health, education, or welfare, of the minor or other legally
102 STAT. 2474 PUBLIC LAW 100-497—OCT. 17, 1988 incompetent person under a plan approved by the Secretary and the governing body of the Indian tribe; and Taxes. (D) the per capita payments are subject to Federal taxation and tribes notify members of such tax liability when payments are made. (4)(A) A tribal ordinance or resolution may provide for the licens- ing or regulation of class II gaming activities owned by any person or entity other than the Indian tribe and conducted on Indian lands, only if the tribal licensing requirements include the requirements described in the subclauses of subparagraph (B)(i) and are at least as restrictive as those established by State law governing similar gaming within the jurisdiction of the State within which such Indian lands are located. No person or entity, other than the Indian tribe, shall be eligible to receive a tribal license to own a class II gaming activity conducted on Indian lands within the jurisdiction of the Indian tribe if such person or entity would not be eligible to receive a State license to conduct the same activity within the jurisdiction of the State. (B)(i) The provisions of subparagraph (A) of this paragraph and the provisions of subparagraphs (A) and (B) of paragraph (2) shall not bar the continued operation of an individually owned class II gaming operation that was operating on September 1, 1986, if— (I) such gaming operation is licensed and regulated by an Indian tribe pursuant to an ordinance reviewed and approved by the Commission in accordance with section 13 of the Act, (II) income to the Indian tribe from such gaming is used only for the purposes described in paragraph (2)(B) of this subsection, (III) not less than 60 percent of the net revenues is income to the Indian tribe, and (IV) the owner of such gaming operation pays an appropriate assessment to the National Indian Gaming Commission under section 18(a)(1) for regulation of such gaming. (ii) The exemption from the application of this subsection provided under this subparagraph may not be transferred to any person or entity and shall remain in effect only so long as the gaming activity remains within the same nature and scope as operated on the date of enactment of this Act. Federal (iii) Within sixty days of the date of enactment of this Act, the ^^hl^*T' Secretary shall prepare a list of each individually owned gaming pubiica ion. operation to which clause (i) applies and shall publish such list in the Federal Register. (c)(1) The Commission may consult with appropriate law enforce- ment officials concerning gaming licenses issued by an Indian tribe and shall have thirty days to notify the Indian tribe of any objec- tions to issuance of such license. (2) If, after the issuance of a gaming license by an Indian tribe, reliable information is received from the Commission indicating that a primary management official or key employee does not meet the standard established under subsection (b)(2)(F)(iiXn), the Indian tribe shall suspend such license and, after notice and hearing, may revoke such license. (3) Any Indian tribe which operates a class II gaming activity and which— (A) has continuously conducted such activity for a period of not less than three years, including at least one year after the date of the enactment of this Act; and (B) has otherwise complied with the provisions of this section
PUBLIC LAW 100-497—OCT. 17, 1988 102 STAT. 2475 may petition the Commission for a certificate of self-regulation. (4) The Commission shall issue a certificate of self-regulation if it determines from available information, and after a hearing if re- quested by the tribe, that the tribe has— (A) conducted its gaming activity in a manner which— (i) has resulted in an effective and honest accounting of all revenues; (ii) has resulted in a reputation for safe, fair, and honest operation of the activity; and (iii) has been generally free of evidence of criminal or dishonest activity; (B) adopted and is implementing adequate systems for— (i) accounting for all revenues from the activity; (ii) investigation, licensing, and monitoring of all employ- ees of the gaming activity; and (iii) investigation, enforcement and prosecution of viola- Law tions of its gaming ordinance and regulations; and f^f^^^^^^^ ^^^ (C) conducted the operation on a fiscally and economically crime. sound basis. (5) During any year in which a tribe has a certificate for self- regulation— (A) the tribe shall not be subject to the provisions of para- graphs (1), (2), (3), and (4) of section 7(b); (B) the tribe shall continue to submit an annual independent audit as required by section 11(b)(2)(C) and shall submit to the Commission a complete resume on all employees hired and licensed by the tribe subsequent to the issuance of a certificate of self-regulation; and (C) the Commission may not assess a fee on such activity pursuant to section 18 in excess of one quarter of 1 per centum of the gross revenue. (6) The Commission may, for just cause and after an opportunity for a hearing, remove a certificate of self-regulation by majority vote of its members. (dXD Class III gaming activities shall be lawful on Indian lands only if such activities are— (A) authorized by an ordinance or resolution that— (i) is adopted by the governing body of the Indian tribe having jurisdiction over such lands, (ii) meets the requirements of subsection (b), and (iii) is approved by the Chairman, (B) located in a State that permits such gaming for any purpose by any person, organization, or entity, and (C) conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the State under paragraph (3) that is in effect. (2XA) If any Indian tribe proposes to engage in, or to authorize any person or entity to engage in, a class III gaming activity on Indian lands of the Indian tribe, the governing body of the Indian tribe shall adopt and submit to the Chairman an ordinance or resolution that meets the requirements of subsection (b). (B) The Chairman shall approve any ordinance or resolution described in subparagraph (A), unless the Chairman specifically determines that— (i) the ordinance or resolution w£is not adopted in compliance with the governing documents of the Indian tribe, or
102 STAT. 2476 PUBLIC LAW 100-497—OCT. 17, 1988 (ii) the tribal governing body was significantly and unduly influenced in the adoption of such ordinance or resolution by any person identified in section 12(e)(1)(D). Federal Upon the approval of such an ordinance or resolution, the Chairman Register, shall publish in the Federal Register such ordinance or resolution publication. and the order of approval. Effective date. (C) Effective with the publication under subparagraph (B) of an ordinance or resolution adopted by the governing body of an Indian tribe that has been approved by the Chairman under subparagraph (B), class III gaming activity on the Indian lands of the Indian tribe shall be fully subject to the terms and conditions of the Tribal-State compact entered into under paragraph (3) by the Indian tribe that is in effect. (D)(i) The governing body of an Indian tribe, in its sole discretion and without the approval of the Chairman, may adopt an ordinance or resolution revoking any prior ordinance or resolution that au- thorized class III gaming on the Indian lands of the Indian tribe. Such revocation shall render class III gaming illegal on the Indian lands of such Indian tribe. (ii) The Indian tribe shall submit any revocation ordinance or Federal resolution described in clause (i) to the Chairman. The Chairman Register, shall publish such ordinance or resolution in the Federal Register publication. and the revocation provided by such ordinance or resolution shall take effect on the date of such publication. (iii) Notwithstanding any other provision of this subsection— (I) any person or entity operating a class III gaming activity pursuant to this paragraph on the date on which an ordinance or resolution described in clause (i) that revokes authorization for such class III gaming activity is published in the Federal Register may, during the 1-year period beginning on the date on which such revocation ordinance or resolution is published under clause (ii), continue to operate such activity in conform- ance with the Tribal-State compact entered into under para- graph (3) that is in effect, and Law (II) any civil action that arises before, and any crime that is enforcement and committed before, the close of such 1-year period shall not be crime. affected by such revocation ordinance or resolution. (3)(A) Any Indian tribe having jurisdiction over the Indian lands upon which a class III gaming activity is being conducted, or is to be conducted, shall request the State in which such lands are located to enter into negotiations for the purpose of entering into a Tribal- State compact governing the conduct of gaming activities. Upon receiving such a request, the State shall negotiate with the Indian tribe in good faith to enter into such a compact. Federal (B) Any State and any Indian tribe may enter into a Tribal-State Register, compact governing gaming activities on the Indian lands of the publication. Indian tribe, but such compact shall take effect only when notice of approval by the Secretary of such compact has been published by the Secretary in the Federal Register. (C) Any Tribal-State compact negotiated under subparagraph (A) may include provisions relating to— Law (i) the application of the criminal and civil laws and regula- enforcement and tions of the Indian tribe or the State that are directly related to, crime. and necessary for, the licensing and regulation of such activity; (ii) the allocation of criminal and civil jurisdiction between the State and the Indian tribe necessary for the enforcement of such laws and regulations;
PUBLIC LAW 100-497—OCT. 17, 1988 102 STAT. 2477 (iii) the assessment by the State of such activities in such amounts £is are necessary to defray the costs of regulating such activity; (iv) taxation by the Indian tribe of such activity in amounts Taxes. comparable to amounts assessed by the State for comparable activities; (v) remedies for breach of contract; Contracts. (vi) standards for the operation of such activity and mainte- nance of the gaming facility, including licensing; and (vii) any other subjects that are directly related to the oper- ation of gaming activities. (4) Except for any assessments that may be agreed to under State and local paragraph (3)(C)(iii) of this subsection, nothing in this section shall governments. be interpreted as conferring upon a State or any of its political subdivisions authority to impose any tax, fee, charge, or other assessment upon an Indian tribe or upon any other person or entity authorized by an Indian tribe to engage in a class III activity. No State may refuse to enter into the negotiations described in para- graph (3)(A) beised upon the lack of authority in such State, or its political subdivisions, to impose such a tax, fee, charge, or other assessment. (5) Nothing in this subsection shall impair the right of an Indian tribe to regulate class III gaming on its Indian lands concurrently with the State, except to the extent that such regulation is inconsist- ent with, or less stringent than, the State laws and regulations made applicable by any Tribal-State compact entered into by the Indian tribe under paragraph (3) that is in effect. (6) The provisions of section 5 of the Act of January 2, 1951 (64 Stat. 1135) shall not apply to any gaming conducted under a Tribal- State compact that— (A) is entered into under paragraph (3) by a State in which gambling devices are legal, and (B) is in effect. (7)(A) The United States district courts shall have jurisdiction Courts, U.S. over— (i) any cause of action initiated by an Indian tribe arising from the failure of a State to enter into negotiations with the Indian tribe for the purpose of entering into a Tribal-State compact under paragraph (3) or to conduct such negotiations in good faith, (ii) any cause of action initiated by a State or Indian tribe to enjoin a class III gaming activity located on Indian lands and conducted in violation of any Tribal-State compact entered into under paragraph (3) that is in effect, and (iii) any cause of action initiated by the Secretary to enforce the procedures prescribed under subparagraph (BXvii). (B)(i) An Indian tribe may initiate a cause of action described in subparagraph (A)(i) only after the close of the 180-day period begin- ning on the date on which the Indian tribe requested the State to enter into negotiations under paragraph (3XA). (ii) In any action described in subparagraph (A)(i), upon the introduction of evidence by an Indian tribe that— (I) a Tribal-State compact has not been entered into under paragraph (3), and (II) the State did not respond to the request of the Indian tribe to negotiate such a compact or did not respond to such request in good faith.
102 STAT. 2478 PUBLIC LAW 100-497—OCT. 17, 1988 the burden of proof shall be upon the State to prove that the State has negotiated with the Indian tribe in good faith to conclude a Tribal-State compact governing the conduct of gaming activities, (iii) If, in any action described in subparagraph (A)(i), the court finds that the State has failed to negotiate in good faith with the Indian tribe to conclude a Tribal-State compact governing the con- duct of gaming activities, the court shall order the State and the Indian Tribe to conclude such a compact within a 60-day period. In determining in such an action whether a State has negotiated in good faith, the court— (I) may take into account the public interest, public safety, criminality, financial integrity, and adverse economic impacts on existing gaming activities, and (II) shall consider any demand by the State for direct taxation of the Indian tribe or of any Indian lands as evidence that the State has not negotiated in good faith. (iv) If a State and an Indian tribe fail to conclude a Tribal-State compact governing the conduct of gaming activities on the Indian lands subject to the jurisdiction of such Indian tribe within the 60- day period provided in the order of a court issued under clause (iii), the Indian tribe and the State shall each submit to a mediator appointed by the court a proposed compact that represents their last best offer for a compact. The mediator shall select from the two proposed compacts the one which best comports with the terms of this Act and any other applicable Federal law and with the findings and order of the court. (v) The mediator appointed by the court under clause (iv) shall submit to the State and the Indian tribe the compact selected by the mediator under clause (iv). (vi) If a State consents to a proposed compact during the 60-day period beginning on the date on which the proposed compact is submitted by the mediator to the State under clause (v), the pro- posed compact shall be treated as a Tribal-State compact entered into under paragraph (3). (vii) If the State does not consent during the 60-day period de- scribed in clause (vi) to a proposed compact submitted by a mediator under clause (v), the mediator shall notify the Secretary and the Secretary shall prescribe, in consultation with the Indian tribe, procedures— (I) which are consistent with the proposed compact selected by the mediator under clause (iv), the provisions of this Act, and the relevant provisions of the laws of the State, and (II) under which class III gaming may be conducted on the Indian lands over which the Indian tribe has jurisdiction. (8XA) The Secretary is authorized to approve any Tribal-State compact entered into between an Indian tribe and a State governing gaming on Indian lands of such Indian tribe. (B) The Secretary may disapprove a compact described in subpara- graph (A) only if such compact violates— (i) any provision of this Act, (ii) any other provision of Federal law that does not relate to jurisdiction over gaming on Indian lands, or (iii) the trust obligations of the United States to Indians. (C) If the Secretary does not approve or disapprove a compact described in subparagraph (A) before the date that is 45 days after the date on which the compact is submitted to the Secretary for approval, the compact shall be considered to have been approved by
PUBLIC LAW 100-497—OCT. 17, 1988 102 STAT. 2479 the Secretary, but only to the extent the compact is consistent with the provisions of this Act. (D) The Secretary shall publish in the Federal Register notice of Federal any Tribal-State compact that is approved, or considered to have Register, been approved, under this paragraph. publication. (9) An Indian tribe may enter into a management contract for the Contracts operation of a class III geiming activity if such contract has been submitted to, and approved by, the Chairman. The Chairman's review and approval of such contract shall be governed by the provisions of subsections (b), (c), (d), (f), (g), and (h) of section 12. (e) For purposes of this section, by not later than the date that is 90 days after the date on which any tribal gaming ordinance or resolution is submitted to the Chairman, the Chairman shall ap- prove such ordinance or resolution if it meets the requirements of this section. Any such ordinance or resolution not acted upon at the end of that 90-day period shall be considered to have been approved by the Chairman, but only to the extent such ordinance or resolu- tion is consistent with the provisions of this Act. MANAGEMENT CONTRACTS SEC. 12. (aXD Subject to the approval of the Chairman, an Indian 25 u s e 2711. tribe may enter into a management contract for the operation and management of a class II gaming activity that the Indian tribe may engage in under section llO^Xl), but, before approving such contract, the Chairman shall require and obtain the following information: (A) the name, address, and other additional pertinent back- ground information on each person or entity (including individ- uals comprising such entity) having a direct financial interest in, or management responsibility for, such contract, and, in the case of a corporation, those individuals who serve on the board of directors of such corporation and each of its stockholders who hold (directly or indirectly) 10 percent or more of its issued and outstanding stock; (B) a description of any previous experience that each person listed pursuant to subparagraph (A) has had with other gaming contracts with Indian tribes or with the gaming industry gen- erally, including specifically the name and address of any licensing or regulatory agency with which such person has had a contract relating to gaming; and (C) a complete financial statement of each person listed pursu- ant to subparagraph (A). (2) Any person listed pursuant to paragraph (IXA) shall be re- quired to respond to such written or oral questions that the Chair- man may propound in accordance with his responsibilities under this section. (3) For purposes of this Act, any reference to the management contract described in paragraph (1) shall be considered to include all collateral agreements to such contract that relate to the gaming activity. 0)) The Chairman may approve any management contract entered into pursuant to this section only if he determines that it provides at least— (1) for adequate accounting procedures that are maintained, and for verifiable financial reports that are prepared, by or for the tribal governing body on a monthly basis;
102 STAT. 2480 PUBLIC LAW 100-497—OCT. 17, 1988 (2) for access to the daily operations of the gaming to appro- priate tribal officials who shall also have a right to verify the daily gross revenues and income made from any such tribal gaming activity; (3) for a minimum guaranteed payment to the Indian tribe that h£is preference over the retirement of development and construction costs; (4) for an agreed ceiling for the repayment of development and construction costs; (5) for a contract term not to exceed five years, except that, upon the request of an Indian tribe, the Chairman may au- thorize a contract term that exceeds five years but does not exceed seven years if the Chairman is satisfied that the capital investment required, and the income projections, for the particular gaming activity require the additional time; and (6) for grounds and mechanisms for terminating such con- tract, but actual contract termination shall not require the approval of the Commission. (c)(1) The Chairman may approve a management contract provid- ing for a fee based upon a percentage of the net revenues of a tribal gaming activity if the Chairman determines that such percentage - fee is reasonable in light of surrounding circumstances. Except as otherwise provided in this subsection, such fee shall not exceed 30 percent of the net revenues. (2) Upon the request of an Indian tribe, the Chairman may approve a management contract providing for a fee based upon a percentage of the net revenues of a tribal gaming activity that exceeds 30 percent but not 40 percent of the net revenues if the Chairman is satisfied that the capital investment required, and income projections, for such tribal gaming activity require the additional fee requested by the Indian tribe. (d) By no later than the date that is 180 days after the date on which a management contract is submitted to the Chairman for approval, the Chairman shall approve or disapprove such contract on its merits. The Chairman may extend the 180-day period by not more than 90 days if the Chairman notifies the Indian tribe in writing of the reason for the extension. The Indian tribe may bring an action in a United States district court to compel action by the Chairman if a contract has not been approved or disapproved within the period required by this subsection. (e) The Chairman shall not approve any contract if the Chairman determines that— (1) any person listed pursuant to subsection (aXlXA) of this section— (A) is an elected member of the governing body of the Indian tribe which is the party to the management con- tract; (B) h£is been or subsequently is convicted of any felony or gaming offense; (C) has knowingly and willfully provided materially important false statements or information to the Commis- sion or the Indian tribe pursuant to this Act or has refused to respond to questions propounded pursuant to subsection (a)(2); or (D) has been determined to be a person whose prior activities, criminal record if any, or reputation, habits, and associations pose a threat to the public interest or to the
PUBLIC LAW 100-497—OCT. 17, 1988 102 STAT. 2481 effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal prac- tices, methods, and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental thereto; (2) the management contractor has, or has attempted to, unduly interfere or influence for its gain or advantage any decision or process of tribal government relating to the gaming activity; (3) the management contractor has deliberately or substan- tially failed to comply with the terms of the management contract or the tribal gaming ordinance or resolution adopted and approved pursuant to this Act; or (4) a trustee, exercising the skill and diligence that a trustee is commonly held to, would not approve the contract. (f) The Chairman, after notice and hearing, shall have the author- ity to require appropriate contract modifications or may void any contract if he subsequently determines that any of the provisions of this section have been violated. (g) No management contract for the operation and management of Real property. a gaming activity regulated by this Act shall transfer or, in any other manner, convey any interest in land or other real property, unless specific statutory authority exists and unless clearly specified in writing in said contract. (h) The authority of the Secretary under section 2103 of the Revised Statutes (25 U.S.C. 81), relating to management contracts regulated pursuant to this Act, is hereby transferred to the Com- mission. (i) The Commission shall require a potential contractor to pay a fee to cover the cost of the investigation necessary to reach a determination required in subsection (e) of this section. REVIEW OF EXISTING ORDINANCES AND CONTRACTS SEC. 13. (a) As soon as practicable after the organization of the 25 use 2712. Commission, the Chairman shall notify each Indian tribe or management contractor who, prior to the enactment of this Act, adopted an ordinance or resolution authorizing class II gaming or class III gaming or entered into a management contract, that such ordinance, resolution, or contract, including all collateral agree- ments relating to the gaming activity, must be submitted for his review within 60 days of such notification. Any activity conducted under such ordinance, resolution, contract, or agreement shall be valid under this Act, or any amendment made by this Act, unless disapproved under this section. (b)(1) By no later than the date that is 90 days after the date on which an ordinance or resolution authorizing class II gaming or class III gaming is submitted to the Chairman pursuant to subsec- tion (a), the Chairman shall review such ordinance or resolution to determine if it conforms to the requirements of section 11(b) of this Act. (2) If the Chairman determines that an ordinance or resolution submitted under subsection (a) conforms to the requirements of section 11(b), the Chairman shall approve it. (3) If the Chairman determines that an ordinance or resolution submitted under subsection (a) does not conform to the requirements of section 11(b), the Chairman shall provide written notification of
102 STAT. 2482 PUBLIC LAW 100-497—OCT. 17, 1988 necessary modifications to the Indian tribe which shall have not more than 120 days to bring such ordinance or resolution into compliance. (c)(1) Within 180 days after the submission of a management contract, including all collateral agreements, pursuant to subsection (a), the Chairman shall subject such contract to the requirements and process of section 12. (2) If the Chairman determines that a management contract submitted under subsection (a), and the management contractor under such contract, meet the requirements of section 12, the Chairman shall approve the management contract. (3) If the Chairman determines that a contract submitted under subsection (a), or the management contractor under a contract submitted under subsection (a), does not meet the requirements of section 12, the Chairman shall provide written notification to the parties to such contract of necessary modifications and the parties shall have not more than 120 days to come into compliance. If a management contract has been approved by the Secretary prior to the date of enactment of this Act, the parties shall have not more than 180 days after notification of necessary modifications to come into compliance. CIVIL PENALTIES 25 use 2713. SEC. 14. (a)(1) Subject to such regulations £is may be prescribed by the Commission, the Chairman shall have authority to levy and collect appropriate civil fines, not to exceed $25,000 per violation, against the tribal operator of an Indian game or a management contractor engaged in gaming for any violation of any provision of ^ this Act, any regulation prescribed by the Commission pursuant to this Act, or tribal regulations, ordinances, or resolutions approved under section 11 or 13. Regulations. (2) The Commission shall, by regulation, provide an opportunity for an appeal and hearing before the Commission on fines levied and collected by the Chairman. (3) Whenever the Commission has reason to believe that the tribal operator of an Indian game or a management contractor is engaged in activities regulated by this Act, by regulations prescribed under this Act, or by tribal regulations, ordinances, or resolutions, ap- proved under section 11 or 13, that may result in the imposition of a fine under subsection (aXD, the permanent closure of such game, or the modification or termination of any management contract, the Commission shall provide such tribal operator or management con- tractor with a written complaint stating the acts or omissions which form the bsisis for such belief and the action or choice of action being considered by the Commission. The allegation shall be set forth in common and concise language and must specify the statutory or regulatory provisions alleged to have been violated, but may not consist merely of allegations stated in statutory or regulatory language. Oo)(l) The Chairman shall have power to order temporary closure of an Indian game for substantial violation of the provisions of this Act, of regulations prescribed by the Commission pursuant to this Act, or of tribal regulations, ordinances, or resolutions approved under section 11 or 13 of this Act. (2) Not later than thirty days after the issuance by the Chairman of an order of temporary closure, the Indian tribe or management contractor involved shall have a right to a hearing before the
PUBLIC LAW 100-497—OCT. 17, 1988 102 STAT. 2483 Commission to determine whether such order should be made permanent or dissolved. Not later than sixty days following such hearing, the Commission shall, by a vote of not less than two of its members, decide whether to order a permanent closure of the gaming operation. (c) A decision of the Commission to give final approval of a fine levied by the Chairman or to order a permanent closure pursuant to this section shall be appealable to the appropriate Federal district court pursuant to chapter 7 of title 5, United States Code. (d) Nothing in this Act precludes an Indian tribe from exercising regulatory authority provided under tribal law over a gaming establishment within the Indian tribe's jurisdiction if such regula- tion is not inconsistent with this Act or with any rules or regula- tions adopted by the Commission. JUDICIAL REVIEW SEC. 15. Decisions made by the Commission pursuant to sections 25 use 2714. 11, 12, 13, and 14 shall be final agency decisions for purposes of appeal to the appropriate Federal district court pursuant to chapter 7 of title 5, United States Code. SUBPOENA AND DEPOSITION AUTHORITY SEC. 16. (a) By a vote of not less than two members, the Commis- 25 use 2715. sion shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers, and ^ documents relating to any matter under consideration or investiga- tion. Witnesses so summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (b) The attendance of witnesses and the production of books, papers, and documents, may be required from any place in the United States at any designated place of hearing. The Commission may request the Secretary to request the Attorney General to bring an action to enforce any subpoena under this section. (c) Any court of the United States within the jurisdiction of which an inquiry is carried on may, in case of contumacy or refusal to obey a subpoena for any reason, issue an order requiring such person to appear before the Commission (and produce books, papers, or docu- ments as so ordered) and give evidence concerning the matter in question and any failure to obey such order of the court may be punished by such court as a contempt thereof. (d) A Commissioner may order testimony to be taken by deposition in any proceeding or investigation pending before the Commission at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Commission and having power to administer oaths. Reasonable notice must first be given to the Commission in writing by the party or his attorney proposing to take such deposition, and, in cases in which a Commis- sioner proposes to take a deposition, reasonable notice must be given. The notice shall state the name of the witness and the time and place of the taking of his deposition. Any person may be compelled to appear and depose, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Commission, as hereinbefore provided.
102 STAT. 2484 PUBLIC LAW 100-497—OCT. 17, 1988 (e) Every person deposing as herein provided shall be cautioned and shall be required to swear (or affirm, if he so requests) to testify to the whole truth, and shall be carefully examined. His testimony shall be reduced to writing by the person taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the deponent. All depositions shall be promptly filed with the Commission. (f) Witnesses whose depositions are taken as authorized in this section, and the persons taking the same, shall severally be entitled to the same fees as are paid for like services in the courts of the United States. Law INVESTIGATIVE POWERS enforcement and crime. SEC. 17. (a) Except as provided in subsection (b), the Commission Classified information. shall preserve any and all information received pursuant to this Act 25 u s e 2716. as confidential pursuant to the provisions of paragraphs (4) and (7) of section 552(b) of title 5, United States Code. (b) The Commission shall, when such information indicates a violation of Federal, State, or tribal statutes, ordinances, or resolu- tions, provide such information to the appropriate law enforcement officials. (c) The Attorney General shall investigate activities associated with gaming authorized by this Act which may be a violation of Federal law. COMMISSION FUNDING 25 u s e 2717. SEC. 18. (a)(1) The Commission shall establish a schedule of fees to be paid to the Commission annually by each class II gaming activity that is regulated by this Act. (2)(A) The rate of the fees imposed under the schedule established under paragraph (1) shall be— (i) no less than 0.5 percent nor more than 2.5 percent of the first $1,500,000, and (ii) no more than 5 percent of amounts in excess of the first $1,500,000, of the gross revenues from each activity regulated by this Act. (B) The total amount of all fees imposed during any fiscal year under the schedule established under paragraph (1) shall not exceed $1,500,000. (3) The Commission, by a vote of not less than two of its members, shall annually adopt the rate of the fees authorized by this section which shall be payable to the Commission on a quarterly basis. (4) Failure to pay the fees imposed under the schedule established under paragraph (1) shall, subject to the regulations of the Commis- sion, be grounds for revocation of the approval of the Chairman of any license, ordinance, or resolution required under this Act for the operation of gaming. (5) To the extent that revenue derived from fees imposed under the schedule established under paragraph (1) are not expended or committed at the close of any fiscal year, such surplus funds shall be credited to each gaming activity on a pro rata basis against such fees imposed for the succeeding year. (6) For purposes of this section, gross revenues shall constitute the annual total amount of money wagered, less any amounts paid out as prizes or paid for prizes awarded and less allowance for amortiza- tion of capital expenditures for structures.
PUBLIC LAW 100-497—OCT. 17, 1988 102 STAT. 2485 (b)(1) The Commission, in coordination with the Secretary and in conjunction with the fiscal year of the United States, shall adopt an annual budget for the expenses and operation of the Commission. (2) The budget of the Commission may include a request for appropriations, as authorized by section 19, in an amount equal the amount of funds derived from assessments authorized by subsection (a) for the fiscal year preceding the fiscal year for which the appropriation request is made. (3) The request for appropriations pursuant to paragraph (2) shall be subject to the approval of the Secretary and shall be included as a part of the budget request of the Department of the Interior. AUTHORIZATION OF APPROPRIATIONS SEC. 19. (a) Subject to the provisions of section 18, there are hereby 25 u s e 2718. authorized to be appropriated such sums as may be necessary for the operation of the Commission. (b) Notwithstanding the provisions of section 18, there are hereby authorized to be appropriated not to exceed $2,0()0,000 to fund the operation of the Commission for each of the fiscal years beginning October 1,1988, and October 1,1989. GAMING ON LANDS ACQUIRED AFTER ENACTMENT OF THIS ACT SEC. 20. (a) Except as provided in subsection (b), gaming regulated 25 USC 2719. by this Act shall not be conducted on lands acquired by the Sec- retary in trust for the benefit of an Indian tribe after the date of enactment of this Act unless— (1) such lands are located within or contiguous to the bound- aries of the reservation of the Indian tribe on the date of enactment of this Act; or (2) the Indian tribe has no reservation on the date of enact- ment of this Act and— (A) such lands are located in Oklahoma and— Oklahoma. (i) are within the boundaries of the Indian tribe's former reservation, as defined by the Secretary, or (ii) are contiguous to other land held in trust or restricted status by the United States for the Indian tribe in Oklahoma; or (B) such lands are located in a State other than Okla- homa and are within the Indian tribe's last recognized reservation within the State or States within which such Indian tribe is presently located. (b)(1) Subsection (a) will not apply when— (A) the Secretary, after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian tribes, determines that a gaming establishment 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 community, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary's determination; or (B) lands are taken into trust as part of— (i) a settlement of a land claim, Claims. (ii) the initial reservation of an Indian tribe acknowl- edged by the Secretary under the Federal acknowledgment process, or
102 STAT. 2486 PUBLIC LAW 100-497—OCT. 17, 1988 (iii) the restoration of lands for an Indian tribe that is restored to Federal recognition. (2) Subsection (a) shall not apply to— (A) any lands involved in the trust petition of the St. Croix Chippewa Indians of Wisconsin that is the subject of the action filed in the United States District Court for the District of Columbia entitled St. Croix Chippewa Indians of Wisconsin v. United States, Civ. No. 86-2278, or (B) the interests of the Miccosukee Tribe of Indians of Florida in approximately 25 contiguous acres of land, more or less, in Dade County, Florida, located within one mile of the intersec- tion of State Road Numbered 27 (also known as Krome Avenue) and the Tamiami Trail. (3) Upon request of the governing body of the Miccosukee Tribe of Indians of Florida, the Secretary shall, notwithstanding any other provision of law, accept the transfer by such Tribe to the Secretary of the interests of such Tribe in the lands described in paragraph (2)(B) and the Secretary shall declare that such interests are held in trust by the Secretary for the benefit of such Tribe and that such interests are part of the reservation of such Tribe under sections 5 and 7 of the Act of June 18, 1934 (48 Stat. 985; 25 U.S.C. 465, 467), subject to any encumbrances and rights that are held at the time of Federal such transfer by any person or entity other than such Tribe. The Register, Secretary shall publish in the Federal Register the legal description publication. of any lands that are declared held in trust by the Secretary under this paragraph. (c) Nothing in this section shall affect or diminish the authority and responsibility of the Secretary to take land into trust. (d)(1) The provisions of the Internal Revenue Code of 1986 (includ- ing sections 1441, 3402(q), 6041, and 60501, and chapter 35 of such Code) concerning the reporting and withholding of taxes with re- spect to the winnings from gaming or wagering operations shall apply to Indian gaming operations conducted pursuant to this Act, or under a Tribal-State compact entered into under section ll(dX3) that is in effect, in the same manner as such provisions apply to State gaming and wagering operations. (2) The provisions of this subsection shall apply notwithstanding any other provision of law enacted before, on, or after the date of enactment of this Act unless such other provision of law specifically cites this subsection. DISSEMINATION OF INFORMATION 25 use 2720. SEC. 21. Consistent with the requirements of this Act, sections 1301, 1302, 1303 and 1304 of title 18, United States Code, shall not apply to any gaming conducted by an Indian tribe pursuant to this Act. SEVERABILITY 25 use 2721. SEC. 22. In the event that any section or provision of this Act, or amendment made by this Act, is held invalid, it is the intent of Congress that the remaining sections or provisions of this Act, and amendments made by this Act, shall continue in full force and effect.
'#!.*—- PUBLIC LAW 100-497—OCT. 17, 1988 102 STAT. 2487 CRIMINAL PENALTIES SEC. 23. Chapter 53 of title 18, United States Code, is amended by adding at the end thereof the following new sections: "§ 1166. Gambling in Indian country "(a) Subject to subsection (c), for purposes of Federal law, all State laws pertaining to the licensing, regulation, or prohibition of gam- bling, including but not limited to criminal sanctions applicable thereto, shall apply in Indian country in the same manner and to the same extent as such laws apply elsewhere in the State. "(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 enact- ment 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 'gambling' does not include— "(1) class I gaming or class II gaming regulated by the Indian Gaming Regulatory Act, or "(2) class III gaming conducted under a Tribal-State compact approved 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 jurisdiction over Law criminal prosecutions of violations of State gambling laws that are enforcement and made applicable under this section to Indian country, unless an Indian tribe pursuant to a Tribal-State compact approved by 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 respect to gambling on the lands of the Indian tribe. "§ 1167. Theft from gaming establishments on Indian lands Fraud. "(a) Whoever abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any money, funds, or other property of a value of $1,000 or less belonging to an establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission shall be fined not more than $100,000 or be imprisoned for not more than one year, or both. "(b) Whoever abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any money, funds, or other property of a value in excess of $1,000 belonging to a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the National Indian Gaming Commission shall be fined not more than $250,000, or imprisoned for not more than ten years, or both. **§1168. Theft by officers or employees of gaming establishments Fraud. on Indian lands ' "(a) Whoever, being an officer, employee, or individual licensee of a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the Na- tional Indian Gaming Commission, embezzles, abstracts, purloins.
102 STAT. 2488 PUBLIC LAW 100-497—OCT. 17, 1988 willfully misapplies, or takes and carries away with intent to steal, any moneys, funds, assets, or other property of such establishment of a value of $1,000 or less shall be fined not more than $250,000 and be imprisoned for not more than five years, or both; "(b) Whoever, being an officer, employee, or individual licensee of a gaming establishment operated by or for or licensed by an Indian tribe pursuant to an ordinance or resolution approved by the Na- tional Indian Gaming Commission, embezzles, abstracts, purloins, willfully misapplies, or takes and carries away with intent to steal, any moneys, funds, Eissets, or other property of such establishment of a value in excess of $1,000 shall be fined not more than $1,000,000 or imprisoned for not more than twenty years, or both.". CONFORMING AMENDMENT SEC. 24. The table of contents for chapter 53 of title 18, United States Code, is amended by adding at the end thereof the following: "1166. Gambling in Indian country. "1167. Theft from gaming establishments on Indian lands. "1168. Theft by officers or employees of gaming establishments on Indian lands.". Approved October 17, 1988. LEGISLATIVE HISTORY—S. 555: SENATE REPORTS: No. 100-446 (Select Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 134 (1988): Sept. 15, considered and passed Senate. Sept. 26, 27, considered and passed House. o