< Back to H.R. 1578 (104th Congress, 1995–1996)

Text of the Indian Gaming Regulatory Act Amendments of 1995

This bill was introduced on May 9, 1995, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 9, 1995 (Introduced).

Source: GPO

HR 1578 IH

104th CONGRESS

1st Session

H. R. 1578

To amend the Indian Gaming Regulatory Act to provide adequate and certain remedies for sovereign tribal governments.

IN THE HOUSE OF REPRESENTATIVES

May 9, 1995

Mr. TORRES introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on the Judiciary and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend the Indian Gaming Regulatory Act to provide adequate and certain remedies for sovereign tribal governments.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCE.

    (a) SHORT TITLE- This Act may be cited as the ‘Indian Gaming Regulatory Act Amendments of 1995’.

    (b) REFERENCE- Whenever in this Act a section or other provision is amended or repealed, such amendment or repeal shall be considered to be made to that section or other provision of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

SEC. 2. FINDINGS.

    Section 2 of the Act (25 U.S.C. 2701) is amended--

      (1) by striking out ‘and’ at the end of paragraph (4);

      (2) by striking the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and

      (3) by adding at the end the following:

      ‘(6) tribal systems for the regulation of gaming activities should be structured to maintain and preserve the integrity and fairness of tribal gaming operations;

      ‘(7) the operation of gaming activities on Indian lands has had a significant impact on commerce with foreign nations, among the several States, and with Indian tribes; and

      ‘(8) the United States Constitution vests the Congress with the powers to regulate commerce with foreign nations, and among the several States, and with the Indian tribes, and this Act is enacted in the exercise of those powers, and shall extend to and encompass all federally recognized Indian tribes.’.

SEC. 3. DECLARATION OF POLICY.

    Section 3 of the Act (25 U.S.C. 2702) is amended--

      (1) by striking out ‘and’ at the end of paragraph (2);

      (2) by striking the period at the end of paragraph (3) and inserting in lieu thereof ‘; and’; and

      (3) by adding at the end the following:

      ‘(4) to ensure the right of Indian tribes to conduct gaming activities on Indian lands in a manner consistent with the decision of the Supreme Court in California et al. v. Cabazon Band of Mission Indians et al. (480 U.S.C. 202, 107 S.Ct. 1083(1987)), involving the Cabazon and Morango Bands of Mission Indians.’.

SEC. 4. DEFINITIONS.

    (a) CLASS I GAMING- Section 4(6) of the Act (25 U.S.C. 2703(6)) is amended by inserting ‘played’ after ‘social games’.

    (b) CLASS II GAMING- (1) Section 4(7)(A) of the Act (25 U.S.C. 2703(7)(A)) is amended--

      (A) in clause (i), by amending the matter following subclause (III) to read as follows:

      ‘including pull tabs, lotto, punch boards, tip jars, instant, and games similar to bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith so long as the fundamental characteristics of the game remain the same), and’; and

      (B) by amending clause (ii) to read as follows:

        ‘(ii) card games where the gaming operation does not have a stake in the outcome of the game, and for the purposes of this clause, a stake in the outcome of the game shall not include (I) receiving a fixed percentage of the wagers made; (II) receiving a fixed fee per game played; or (III) a rental fee for the player to participate in the game.’.

    (2) Section 4(7)(C) of the Act (25 U.S.C. 2703(7)(C)) is amended by striking out ‘as determined by the Chairman’.

    (3)(A) Section 4(7) of the Act (25 U.S.C. 2703(7)) is amended by striking out subparagraphs (D), (E), and (F).

    (B) Public Law 101-301 (25 U.S.C. 2703 note) is amended by striking out section 6.

    (c) COMPACT AND MANAGEMENT CONTRACT- Section 4(7) of the Act (25 U.S.C. 2703) is amended--

      (1) by redesignating paragraphs (9) and (10) as paragraphs (11) and (12), respectively; and

      (2) by inserting after paragraph (8) the following new paragraphs:

      ‘(9) The term ‘compact’ means an agreement relating to the operation of class III games on Indian lands entered into by an Indian tribe and a State, which is approved by the Secretary, or the procedures in lieu of such an agreement, published by the Secretary.

      ‘(10) The term ‘management contract’ means any contract, other than employment contract, that empowers any entity, which is not totally owned and controlled by the tribe, with decision-making authority over any gaming-related aspect of the gaming operation. Decision-making authority means the exercise of authority or supervision or the power to make or cause to be made any discretionary decision with regard to matters which have a substantial effect on the management aspects of a gaming operation.’.

SEC. 5. NATIONAL INDIAN GAMING COMMISSION.

    (a) MEMBERS- Paragraph (5) of section 5(b) (25 U.S.C. 2704(b)) is amended--

      (1) in subparagraph (B)--

        (A) by inserting ‘(other than any interest that is derived from the individual’s status as an enrolled member of an Indian tribe)’ after ‘financial interest’; and

        (B) by striking out ‘or’ at the end thereof;

      (2) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof ‘; or’; and

      (3) by adding at the end thereof the following:

      ‘(D) is unable to devote his entire time and attention to the business of the Commission.’.

    (b) COMPENSATION- Subsection (g) of section 5 (25 U.S.C. 2704) is amended--

      (1) by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and

      (2) in paragraph (1), as redesignated by paragraph (1) of this subsection--

        (A) by striking out ‘The associate members’ and inserting in lieu thereof ‘Members’; and

        (B) by striking out ‘level V of the Executive Schedule under section 5316’ and inserting in lieu thereof ‘level IV of the Executive Schedule under section 5315’.

    (c) SUPPORT SERVICES- Section 5 of the Act (25 U.S.C. 2704) is amended by adding at the end thereof the following:

    ‘(h) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.’.

SEC. 6. POWERS OF THE CHAIRMAN.

    Section 6 of the Act (25 U.S.C. 2705) is amended to read as follows:

‘SEC. 6. POWERS OF THE CHAIRMAN.

    ‘(a) The Chairman shall serve as the chief executive officer of the Commission.

    ‘(b) Subject to the provisions of subsection (c), the Chairman:

      ‘(1) Shall, employ, appoint, and supervise, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, such personnel as are deemed necessary to carry out the functions of the Commission and assign work among such personnel. Such staff shall be paid without regard to the provisions of chapter 51 and subchapters III and VIII of chapter 53 of such title relating to classification and General and Senior Executive Service Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for ES-5 of the Senior Executive Service Schedule under section 5382 of that title.

      ‘(2) May procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for ES-6 of the Senior Executive Service Schedule (established under section 5382 of such title).

      ‘(3) May request the head of any Federal agency to detail any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act, unless otherwise prohibited by law.

      ‘(4) May use and expend Federal funds and funds collected pursuant to section 17 of this Act.

      ‘(5) May contract for the services of other professional, technical, and operational personnel and consultants as may be necessary to the performance of the Commission’s responsibilities under this Act.

    ‘(c) In carrying out any of the functions pursuant to this section, the Chairman shall be governed by the general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.’.

SEC. 7. POWERS OF THE COMMISSION.

    (a) BUDGET- Paragraph (1) of section 7(a) (25 U.S.C. 2706(a)) is amended by striking out ‘upon the recommendation of the chairman,’.

    (b) FORMER POWERS OF CHAIRMAN- Subsection (a) of section 7 (25 U.S.C. 2706) is amended--

      (1) by striking out ‘and’ at the end of paragraph (4);

      (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and

      (3) by adding at the end thereof the following new paragraphs:

      ‘(5) by a unanimous vote of not less than 3 members, after a mandatory effort to mediate any controversy, issue orders of temporary closure as provided in section 14(b);

      ‘(6) by an affirmative vote of not less than 2 members, and after a full hearing, levy and collect civil fines as provided in section 14(a), which fines shall only run from date of notice of violation or later;

      ‘(7) by an affirmative vote of not less than 2 members, approve tribal ordinances or resolutions regulating class II gaming and class III gaming as provided in section 11; and

      ‘(8) by an affirmative vote of not less than 2 members, approve management contracts for class II gaming and class III gaming as provided in sections 11(d)(9) and 12.

    (c) POWERS- Subsection (c) of section 7 (25 U.S.C. 2706) is amended--

      (1) in paragraphs (1) and (2), by inserting ‘and class III gaming, where a compact so provides,’ after ‘class II gaming’ both places it appears;

      (2) by striking out ‘and’ at the end of paragraph (9);

      (3) by redesignating paragraph (10) as paragraph (13); and

      (4) by inserting after paragraph (9) the following:

      ‘(10) may invoke, in the case of contumacy by or refusal to obey any subpoena issued to any person, the jurisdiction of any court of the United States within the jurisdiction of which an investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, and other records;

      ‘(11) may in its discretion, whenever it shall appear to the Commission that any person is engaged or about to engage in acts or practices constituting a violation of any provision of this Act or rules or regulations thereunder, bring an action in the proper district court of the United States to enjoin such acts or practices, or transmit such evidence as may be available concerning such acts or practices as may constitute a violation of any criminal law of the United States to the Attorney General, who may institute the necessary criminal proceedings;

      ‘(12) may provide training and technical assistance to Indian tribal governments in all aspects of the conduct and regulation of gaming activities; and’.

    (d) REPORT- Section 7 of the Act (25 U.S.C. 2406) is amended by striking out subsection (c).

SEC. 8. INTERIM AUTHORITY TO REGULATE GAMING.

    Section 10 of the Act (35 U.S.C. 2709) is repealed.

SEC. 9. TRIBAL GAMING ORDINANCES.

    (a) CLASS II GAMING- (1) Subsection (b) of section 11 (25 U.S.C. 2710) is amended--

      (A) by striking out ‘Chairman’ each place it appears and inserting in lieu thereof ‘Commission’;

      (B) in paragraph (2)(F), by striking out ‘and’ at the end of clause (i), by redesignating clause (ii) as clause (iii) and inserting after clause (i) the following:

      ‘(ii) ensures the integrity and fairness of the games and which is appropriate for the size and complexity of the gaming operations authorized by the ordinance.’;

      (C) in paragraph (3)(D), by inserting ‘shall make appropriate withholdings and’ after ‘tribes’;

      (D) in paragraph (4)(A), by striking out ‘No person or entity’ and all that follows through ‘State.’;

      (E) in paragraph 4(B)--

        (i) in clause (ii), by striking out ‘entity’ and all that follows through ‘Act’ and inserting in lieu thereof ‘entity; except, however, the exemption may transfer to those heirs of the individual licensee who are otherwise enrolled as members of the tribe which granted such license’; and

        (ii) by striking out clause (iii); and

    (2) Subsection (c) of section 11 (25 U.S.C. 2710) is amended by striking out paragraphs (3), (4), (5), and (6).

    (b) CLASS III GAMING- (1) Subsection (d) of section 11 (25 U.S.C. 2710) is amended by striking out ‘Chairman’ each place it appears and inserting in lieu thereof ‘Commission’.

    (2) Paragraph (1) of such subsection is amended by amending subparagraphs (B) and (C) to read as follows:

      ‘(B) located in a State where the requirements of clauses (i) through (iii) of paragraph (3)(C) are satisfied and the gaming activity is eligible for inclusion in a compact, and

      ‘(C) conducted in conformance with a compact that is in effect.’.

    (3) Subparagraph (C) of section 11(d)(2) (25 U.S.C. 22710(d)(2)) is amended by striking out ‘Tribal-State compact entered into under paragraph (3) by the Indian tribe’ and inserting in lieu thereof ‘compact’.

    (4) Clause (iii) of section 11(d)(2)(D) (25 U.S.C. (d)(2)(D)) is amended by striking out ‘Tribal-State compact entered into under paragraph (3)’ and inserting in lieu thereof ‘compact’.

    (5) Paragraph (3) of section 11(d) (25 U.S.C. 2710(d)) is amended--

      (A) by redesignating subparagraph (C) as subparagraph (H) and in that subparagraph--

        (i) by striking out ‘Tribal-State compact and inserting in lieu thereof ‘compact entered into’;

        (ii) in clause (i)--

          (I) by striking out ‘the application of’ and inserting in lieu thereof ‘the adoption of’; and

          (II) by inserting ‘, with tribal consent, of’ after ‘tribe or’;

        (iii) by striking out clauses (ii) and (iv) and redesignating clauses (iii) through (vii) as clauses (ii) through (v), respectively;

        (iv) in clause (ii) (as redesignated by clause (iii) of this subparagraph), by inserting ‘or Secretary’ after ‘State’; and

        (v) in clause (v) (as redesignated by clause (iii) of this subparagraph), by striking out ‘directly’ and inserting in lieu thereof ‘reasonably’; and

      (B) by striking out subparagraphs (A) and (B) and inserting in lieu thereof the following:

    ‘(A)(i) Any Indian tribe having jurisdiction over the lands upon which a class III gaming activity is to be conducted may request the State in which such lands are located to enter into negotiations for the purpose of entering into a compact governing the conduct of class III gaming activities;

    ‘(ii) Such request shall be in writing and shall specify the gaming activity or activities the Indian tribe proposes for inclusion in the compact and within 30 days after such request, the State shall respond to the Indian tribe.

    ‘(iii) Compact negotiations shall commence within 30 days after the State’s response to the Indian tribe, and shall be completed within 120 days of the initiation of compact negotiations, unless the State and the Indian tribe agree to a different period of time for the completion of compact negotiations.

    ‘(iv) Should the State or the Indian tribe find that they are unable to complete compact negotiations because they cannot reach agreement on the terms of a compact or should a State fail to respond to the tribe’s written request for a compact or should a State fail to participate in negotiations, the State or the Indian tribe may notify the Secretary.

    ‘(B) The Secretary, in consultation with the Indian tribes and, if possible, the States, shall develop a panel of independent mediators, which shall be periodically updated.

    ‘(C) If after the 120 days authorized for the completion of compact negotiations, the State and the Indian tribe have not agreed to recommend a compact to the Secretary, the State and the Indian tribe shall enter into mediation, pursuant to the following procedures:

      ‘(i) The Secretary shall provide the State and Indian tribe with a list of names of three mediators randomly selected from the panel of independent mediators. The State and the Indian tribe each may remove a different mediator from the list of three mediators, and if both the State and Tribe remove the same mediator, the Secretary shall choose from the remaining mediators to conduct the mediation.

      ‘(ii) The mediator shall attempt to achieve a compact within a 60-day period, which period may be extended by mutual agreement of the State and the Indian tribe.

      ‘(iii) If mediation fails, the State and Indian tribe may submit their last best offer to the mediator, who shall evaluate the offers under the terms of this Act and recommend a compact to the Secretary, except that by mutual agreement the parties may substitute either compulsory arbitration, or a decision by the Secretary instead of a mediator’s recommendation. If the State fails to submit a last best offer, the mediator shall recommend the Indian tribe’s last best offer to the Secretary.

      ‘(iv) The recommended compact shall also include such provisions which in the opinion of the mediator or arbitrator best meet the objectives of this Act, provides for adequate standards to ensure the integrity and fairness of the games, and are consistent with any declaratory judgment issued pursuant to paragraph (7) of this subsection.

    ‘(D) If the parties or the mediator or arbitrator pursuant to this paragraph recommend a compact to the Secretary, the Secretary shall approve such compact and shall publish it in the Federal Register.

    ‘(E) The compact also shall not be approved by the Secretary if it violates--

      ‘(i) any provision of this Act or the regulations promulgated by the Commission;

      ‘(ii) any other provision of Federal law that does not relate to jurisdiction over gaming on Indian reservations; or

      ‘(iii) the trust obligations of the United States to Indians.

    ‘(F) Except for an appeal under subchapter II of chapter 5 of title 5, United States Code, by an Indian tribe or a State associated with the publication of the compact, the publication of a compact pursuant to paragraph (3)(D) which permits a form of class III gaming shall, for the purposes of this Act, be conclusive evidence that such class III gaming is an activity subject to negotiations under the laws of the State where the gaming is to be conducted, in any matter under consideration by the Commission or a Federal court.

    ‘(G) Any compact negotiated under this subsection shall be effective upon its publication in the Federal Register by the Secretary or shall be effective after the passage of 60 days from the date of the mediator’s recommendations to the Secretary, or from the date that a compact agreed to by both tribe and State is submitted to the Secretary, unless the Secretary, within 60 days, rejects the compact under subparagraph (E).’.

    (6) Paragraph (5) of section 11(d) (25 U.S.C. 2710(d)) is amended by striking out ‘Tribal-State compact entered into by the Indian tribe under paragraph (3)’ and inserting in lieu thereof ‘compact’.

    (7) Paragraph (6) of section 11(d) (25 U.S.C. 2710(d)) is amended to read as follows:

    ‘(6)(A) Nothing in this subsection shall compel a State to assume any responsibility regarding tribal gaming activities. A State’s consent shall be required for any State responsibility for tribal gaming activities. If a State does not consent to a responsibility set forth in a compact, such compact shall continue to be in effect, except the subject responsibilities shall be assumed by the Commission, or in the discretion of the Commission, may be delegated to a tribal regulatory body.

    ‘(B) The provisions of section 5 of the Act of January 2, 1951 (64 Stat. 1135; 15 U.S.C. 1175) shall not apply to any gaming on any Indian lands, and shall not apply to any commerce, intended for gaming on any Indian lands.’.

    (8) Paragraph (7) of section 11(d) (25 U.S.C. 2710(d)) is amended--

      (A) by amending clause (i) of subparagraph (A) to read as follows:

      ‘(i) any cause of action for a declaratory judgment brought by an Indian tribe or State, which is authorized by this clause to file an action for a declaratory judgment in district courts of the United States for the purposes of seeking a determination of what games are permitted to be played by any person or entity for any purposes in the State in which the proposed class III gaming activities are to be conducted on Indian lands,’;

      (B) in clause (ii) of subparagraph (A)--

        (i) by inserting ‘the United States,’ before ‘a State’; and

        (ii) by striking out ‘Tribal-State compact entered into under paragraph (3)’ and inserting in lieu thereof ‘compact’;

      (C) by amending clause (iii) to read as follows:

      ‘(iii) any cause of action initiated by the Secretary, a State or an Indian tribe to enforce provisions of a compact.’; and

      (D) by amending subparagraph (B) to read as follows:

    ‘(B) In any declaratory action brought under subparagraph (A)(i) the court shall declare that the gaming activity as a matter of Federal law shall be the subject of negotiation and included in a compact if it finds that--

      ‘(i) the gaming activity is not prohibited as a matter of State criminal law; or

      ‘(ii) even if the gaming activity is prohibited as a matter of State criminal law, the gaming activity meets one or more of the following criteria--

        ‘(I) its principal characteristics are substantially similar to principal characteristics of gaming activities that are not prohibited as a matter of State criminal law;

        ‘(II) State law permits the gaming activity subject to regulation;

        ‘(III) as a matter of State law any person, organization, or entity within the State may engage in the gaming activity for any purpose; or

        ‘(IV) there is a pervasive pattern of nonenforcement of the gaming prohibition.

    ‘(C) Nothing in this subsection shall be construed to preclude or delay a tribe from seeking the mediation set forth in paragraph (3) of this subsection.’.

    (9) Subsection (d) of section 11 (25 U.S.C. 2710) is amended by striking out paragraph (8) and redesignating paragraph (9) as paragraph (8) and in that paragraph by striking out ‘subsections (b), (c), (d), (f), (g), and (h) of’.

    (c) APPROVAL OF TRIBAL GAMING ORDINANCE OR RESOLUTION- Subsection (e) of section 11 (25 U.S.C. 2710) is amended by striking out ‘Chairman’ each place it appears and inserting in lieu thereof ‘Commission’.

SEC. 10. MANAGEMENT CONTRACTS.

    (a) ROLE OF COMMISSION- (1) Section 12 of the Act (25 U.S.C. 2712) is amended by striking out ‘Chairman’ each place it appears and inserting in lieu thereof ‘Commission’.

    (2) Subsection (f) of such section is amended by striking out ‘he’ and inserting in lieu thereof ‘the Commission’.

    (b) INFORMATION REQUIRED- Section 12(a) (25 U.S.C. 2711(a)) is amended--

      (1) in the matter preceding subparagraph (A) of paragraph (1), by striking out ‘class II gaming activity that the Indian tribe may engage in under section 11(b)(1)’ and inserting in lieu thereof ‘gaming activity that the Indian tribe may engage in under this Act’;

      (2) by striking out ‘and’ at the end of paragraph (1)(B); by striking out the period at the end of paragraph (1)(C) and inserting in lieu thereof ‘; and’; and by adding at the end of paragraph (1) the following:

    ‘(D) a complete disclosure of all collateral and ancillary agreements that exist between the management company and the tribe, and between any and all persons listed in subparagraph (A) and the tribe.’; and

      (3) by striking out paragraph (3).

    (c) APPROVAL- Subsection (b) of section 12 (25 U.S.C. 2711) is amended by inserting ‘and’ at the end of paragraph (4), striking out paragraph (5), and redesignating paragraph (6) as paragraph (5).

    (d) PERIOD FOR APPROVAL- Subsection (d) of section 12 (25 U.S.C. 2711) is amended--

      (1) by striking out ‘180’ both places it appears and inserting in lieu thereof ‘90’; and

      (2) by amending the second sentence to read as follows: ‘In the event the time periods expire without action taken by the Commission, the management contract shall be deemed to be approved and the tribe and management contractors may proceed as if such contract is formally approved.’.

SEC. 11. EXISTING ORDINANCES AND CONTRACTS.

    Subsection (c) of section 13 (25 U.S.C. 2712) is amended by striking out ‘including all collateral agreements,’ and inserting in lieu thereof ‘including all related agreements involving the same parties, financing or leasing agreements, or any agreement that pertains to significant management functions or responsibilities,’.

SEC. 12. CIVIL PENALTIES.

    Paragraph (2) of section 14(a) (25 U.S.C. 2713(a)) is amended by inserting ‘a mechanism for informal dispute resolution and’.

SEC. 13. COMMISSION FUNDING.

    Section 18 of the Act (25 U.S.C. 2717) is amended by adding at the end the following:

    ‘(c) The Commission may assess applicable gaming operations for an amount necessary to defray reasonable costs related to the performance of regulatory responsibilities set forth in compacts relating to class III gaming activities.

    ‘(d) All amounts collected pursuant to the assessment of fees under this section shall be retained by the Commission and, subject to subsection(a)(5), shall be available without further appropriation--

      ‘(1) first for the performance of the regulatory responsibilities relating to the class of gaming with respect to which such fees were collected; and

      ‘(2) then, to the extent any amount remains, for the performance of other responsibilities of the Commission.’.

SEC. 14. GAMING ON AFTER-ACQUIRED LANDS.

    (a) ELIMINATION OF GOVERNOR’S CONCURRENCE- Subparagraph (A) of section 20(b)(1) of the Act (25 U.S.C. 2719(b)(1)) is amended by striking out ‘, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary’s determination’.

    (b) REPORTING AND WITHHOLDING OF TAXES- Paragraph (1) of section 20(d) (25 U.S.C. 2719(d)) is amended--

      (1) by inserting ‘, the exemption from Federal taxes provided to the States with respect to any

gaming activity, and the reporting of cash transactions’ after ‘wagering operations’; and

      (2) by striking out ‘under a Tribal-State compact entered into under section 11(d)(3) that is in effect,’.

SEC. 15. CRIMINAL PROVISIONS.

    Section 1166 of title 18, United States Code, is amended by striking out ‘Tribal-State compact’ both places it appears and inserting in lieu thereof ‘compact’.

SEC. 16. TAX EXEMPT STATUS.

    The Act is amended by inserting after section 20 the following new section:

‘TAX EXEMPT STATUS

    ‘SEC. 20A. Notwithstanding any other provision of Federal law, tribally owned or chartered gaming operations shall not be subject to any Federal tax, including (but not limited to) excise and corporations taxes, except for the fees and assessments expressly provided for in this Act.’.

SEC. 17. EFFECTIVE DATES AND TRANSITION PROVISIONS.

    (a) PRIOR COMPACTS AND GOVERNANCE- Notwithstanding any other provision of the Indian Gaming Regulatory Act Amendments of 1995, all compacts approved by the Secretary, and procedures for governance in lieu of compacts promulgated by the Secretary of the Interior, under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) as in effect before the date of the enactment of this Act, shall continue to be fully operative and binding on the parties and shall not be subject to revision unless agreed to by the parties.

    (b) NEGOTIATIONS- Any tribe that requested a State to negotiate a Tribal-State compact before the enactment of the Indian Gaming Regulatory Act Amendments of 1995 and has not completed that process may request the State to enter into a compact as specified under section 11(d)(3)(A) of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) as amended by this Act.

    (c) LAWFULNESS OF CERTAIN CLASS III GAMING ACTIVITIES- (1) Class III gaming activities that are as a matter of Federal law lawful in any jurisdiction on the date of the enactment of this Act, shall, notwithstanding any provision of this Act or the amendments made by this Act, remain lawful for purposes of section 11(d)(7)(C) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(7)(C)), as amended by this Act.

    (2) For purposes of Federal law, the laws in effect on the date that an Indian tribe notifies the Secretary (or before 1993, notified the State) that it wishes to negotiate a compact, shall be the basis for determining the scope of gaming in section 11(d) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)), as amended by this Act, for any compact or for procedures in lieu of a compact. For 1993 and later, laws in effect may be considered so long as these laws increase the gaming options available to tribes.

    (3) Notwithstanding any provision of this Act or the amendments made by this Act--

      (A) tribes operating Class III gaming pursuant to regulations promulgated by the Department of the Interior and in effect on or before the date of the enactment of this Act shall be entitled to conduct Class III gaming activities without the approval of a compact, consistent with such regulations;

      (B) tribes with Indian lands in Wisconsin shall be entitled to conduct Class III gaming activities consistent with the decision of Federal district court in Lac du Flambeau Band of Lake Superior Chippewa Indians v. State of Wisconsin, 770 F. Supp. 480 (W.D. Wis. 1991);

      (C) tribes with Indian lands in the State of Washington shall be entitled to conduct or continue such class III gaming activities that were actually operated in such State by any Indian tribe on or before November 1, 1994, without a compact, but only to the extent of the nature and scope of such class III gaming activities that were in operation by any Indian tribe in such State on or before such date, so long as such class III gaming activities are otherwise in compliance with this Act or court order;

      (D) tribes with Indian lands in the State of California shall be entitled to conduct class III gaming activities without a compact so long as such games are limited to the nature and scope of gaming activities conducted by an Indian tribe in the State of California in effect on or prior to January 1, 1995, and such activities are otherwise in compliance with this Act.

    (d) CATAWBA INDIAN TRIBE OF SOUTH CAROLINA- Nothing in this Act or the amendments made by this Act shall be construed as a repeal of section 14(a) of the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993 (25 U.S.C. 941l(a)).

    (e) DEFINITIONS- For the purposes of this section, the terms ‘class III gaming’ and ‘Indian tribe’ have the meaning given such terms by the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).