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Sec. 2701. - Findings
The Congress finds that -
(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 81 of this title requires Secretarial
review of management contracts dealing with Indian gaming, but does
not provide 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
Sec. 2702. - Declaration of policy
The purpose of this chapter is -
(1)
to provide a statutory basis for the operation of gaming by Indian tribes
as a means of promoting tribal economic development, 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 operator and players; and
(3)
to declare that the establishment of independent Federal regulatory
authority for gaming on Indian lands, the establishment 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
Sec. 2703. - Definitions
For purposes of this chapter -
(1)
The term ''Attorney General'' means the Attorney General of the United
States.
(2)
The term ''Chairman'' means the Chairman of the National Indian Gaming
Commission.
(3)
The term ''Commission'' means the National Indian Gaming Commission
established pursuant to section 2704 of this title.
(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 individual 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.
(7)
(A)
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 designations,
(II)
in which the holder of the card covers such numbers or designations
when objects, similarly numbered or designated, are drawn or electronically
determined, and
(III)
in which the game is won by the first person covering a previously designated
arrangement of numbers 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 limitations 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
(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 October
17, 1988, any gaming described in subparagraph (B)(ii) 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
October 17, 1988, to negotiate a Tribal-State compact under section
2710(d)(3) of this title.
(E)
Notwithstanding any other provision of this paragraph, the term ''class
II gaming'' includes, during the 1-year period beginning on December
17, 1991, any gaming described in subparagraph (B)(ii) that was legally
operated on Indian lands in the State of Wisconsin on or before May
1, 1988, if the Indian tribe having jurisdiction over the lands on which
such gaming was operated requested the State, by no later than November
16, 1988, to negotiate a Tribal-State compact under section 2710(d)(3)
of this title.
(F)
If, during the 1-year period described in subparagraph (E), there is
a final judicial determination that the gaming described in subparagraph
(E) is not legal as a matter of State law, then such gaming on such
Indian land shall cease to operate on the date next following the date
of such judicial decision.
(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
Sec. 2704. - National Indian Gaming Commission
(a) Establishment
There is established within the Department of the Interior a Commission
to be known as the National Indian Gaming Commission.
(b) Composition; investigation; term of office; removal
(1)
The Commission shall be composed of three full-time members who shall
be appointed as follows:
(A)
a Chairman, who shall be appointed by the President with the advice
and consent of the Senate; and
(B)
two associate members who shall be appointed by the Secretary of the
Interior.
(2)
(A)
The Attorney General shall conduct a background investigation on any
person considered for appointment to the Commission.
(B)
The Secretary shall publish in the Federal Register the name and other
information the Secretary deems pertinent regarding a nominee for membership
on the Commission and shall allow a 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.
(4)
(A)
Except as 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;
(B)
has any financial interest in, or management responsibility for, any
gaming activity; or
(C)
has a financial interest in, or management responsibility for, any management
contract approved pursuant to section 2711 of this title.
(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
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) of this
section.
(d) Quorum
Two members of the Commission, at least one of which is the Chairman
or Vice Chairman, shall constitute a quorum.
(e) Vice Chairman
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 Commission in the absence of the
Chairman.
(f) Meetings
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) Compensation
(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.
(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.
(3)
All members of the Commission shall be reimbursed in accordance with
title 5 for travel, subsistence, and other necessary expenses incurred
by them in the performance of their duties
Sec. 2705. - Powers of Chairman
(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 2713(b) of this title;
(2)
levy and collect civil fines as provided in section 2713(a) of this
title;
(3)
approve tribal ordinances or resolutions regulating class II gaming
and class III gaming as provided in section 2710 of this title; and
(4)
approve management contracts for class II gaming and class III gaming
as provided in sections 2710(d)(9) and 2711 of this title.
(b)
The Chairman shall have such other powers as may be delegated by the
Commission
Sec. 2706. - Powers of Commission
(a) Budget approval; civil fines; fees; subpoenas; permanent orders
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 2717 of this title;
(2)
to adopt regulations for the assessment and collection of civil fines
as provided in section 2713(a) of this title;
(3)
by an affirmative vote of not less than 2 members, to establish the
rate of fees as provided in section 2717 of this title;
(4)
by an affirmative vote of not less than 2 members, to authorize the
Chairman to issue subpoenas as provided in section 2715 of this title;
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 2713(b)(2) of this title.
(b) Monitoring; inspection of premises; investigations; access to records;
mail; contracts; hearings; oaths; regulations
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 revenues of class II gaming
conducted on Indian lands and any other matters necessary to carry out
the duties of the Commission under this chapter;
(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 appearing before the
Commission; and
(10)
shall promulgate such regulations and guidelines as it deems appropriate
to implement the provisions of this chapter
Sec. 2707. - Commission staffing
(a) General Counsel
The Chairman shall appoint a General Counsel to the 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.
(b) Staff
The Chairman shall appoint and supervise other staff of the Commission
without regard to the provisions of title 5 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 and General Schedule pay rates, except
that no individual so appointed 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) Temporary services
The Chairman may procure temporary and intermittent services under section
3109(b) of title 5, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-18
of the General Schedule.
(d) Federal agency personnel
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 carrying out its duties under this chapter,
unless otherwise prohibited by law.
(e) Administrative support services
The Secretary or Administrator of General Services shall provide to
the Commission on a reimbursable basis such administrative support services
as the Commission may request
Sec. 2708. - Commission; access to information
The Commission may secure from any department or agency of the United
States information necessary to enable it to carry out this chapter.
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
Sec. 2709. - Interim authority to regulate gaming
Notwithstanding any other provision of this chapter, the Secretary shall
continue to exercise those authorities vested in the Secretary on the
day before October 17, 1988, 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
Sec. 2710. - Tribal gaming ordinances
(a) Jurisdiction over class I and class II gaming activity
(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
chapter.
(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 chapter.
(b) Regulation of class II gaming activity; net revenue allocation;
audits; contracts
(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
-
(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 encompassed 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 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, and the operation
of that gaming is conducted in a manner which adequately protects the
environment and the public 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 activities, criminal record,
if any, or reputation, habits and associations pose a threat to the
public interest or to the effective regulation of gaming, or create
or enhance the dangers of unsuitable, unfair, or illegal practices and
methods and activities in the conduct of gaming shall not be eligible
for employment; and
(III)
notification by the Indian tribe to the Commission 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 (2)(B);
(B)
the plan is approved by the Secretary as adequate, particularly with
respect to uses described in clause (i) or (iii) of paragraph (2)(B);
(C)
the interests of minors and other legally incompetent persons who are
entitled to receive any of the per capita payments are protected and
preserved and the per capita payments 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 incompetent person under a plan approved by the Secretary
and the governing body of the Indian tribe; and
(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 licensing 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 2712 of this title,
(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 2717(a)(1) of this
title 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 October 17, 1988.
(iii)
Within sixty days of October 17, 1988, the Secretary shall prepare a
list of each individually owned gaming operation to which clause (i)
applies and shall publish such list in the Federal Register.
(c) Issuance of gaming license; certificate of self-regulation
(1)
The Commission may consult with appropriate law enforcement officials
concerning gaming licenses issued by an Indian tribe and shall have
thirty days to notify the Indian tribe of any objections 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)(ii)(II) of this section, 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 October 17, 1988; and
(B)
has otherwise complied with the provisions of this section [1] So in
original. Probably should be followed by a comma. 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 requested 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 employees of the gaming
activity; and
(iii)
investigation, enforcement and prosecution of violations of its gaming
ordinance and regulations; and
(C)
conducted the operation on a fiscally and economically 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 paragraphs (1),
(2), (3), and (4) of section 2706(b) of this title;
(B)
the tribe shall continue to submit an annual independent audit as required
by subsection (b)(2)(C) of this section 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
2717 of this title 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.
(d) Class III gaming activities; authorization; revocation; Tribal-State
compact
(1)
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) of this section, 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.
(2)
(A)
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) of this section.
(B)
The Chairman shall approve any ordinance or resolution described in
subparagraph (A), unless the Chairman specifically determines that -
(i)
the ordinance or resolution was not adopted in compliance with the governing
documents of the Indian tribe, or
(ii)
the tribal governing body was significantly and unduly influenced in
the adoption of such ordinance or resolution by any person identified
in section 2711(e)(1)(D) of this title.
Upon the approval of such an ordinance or resolution, the Chairman shall
publish in the Federal Register such ordinance or resolution and the
order of approval.
(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 authorized 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 resolution
described in clause (i) to the Chairman. The Chairman shall publish
such ordinance or resolution in the Federal Register 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 conformance
with the Tribal-State compact entered into under paragraph (3) that
is in effect, and
(II)
any civil action that arises before, and any crime that is committed
before, the close of such 1-year period shall not be 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.
(B)
Any State and any Indian tribe may enter into a Tribal-State compact
governing gaming activities on the Indian lands of the 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 -
(i)
the application of the criminal and civil laws and regulations of the
Indian tribe or the State that are directly related to, 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;
(iii)
the assessment by the State of such activities in such amounts as are
necessary to defray the costs of regulating such activity;
(iv)
taxation by the Indian tribe of such activity in amounts comparable
to amounts assessed by the State for comparable activities;
(v)
remedies for breach of contract;
(vi)
standards for the operation of such activity and maintenance of the
gaming facility, including licensing; and
(vii)
any other subjects that are directly related to the operation of gaming
activities.
(4)
Except for any assessments that may be agreed to under paragraph (3)(C)(iii)
of this subsection, nothing in this section shall 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 paragraph (3)(A) based 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 inconsistent 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 1175 of title 15 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 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 (B)(vii).
(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 beginning on the date
on which the Indian tribe requested the State to enter into negotiations
under paragraph (3)(A).
(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,
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 conduct of gaming
activities, the court shall order the State and the Indian Tribe [2]
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 chapter 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 proposed 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 described 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 chapter, 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.
(8)
(A)
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 subparagraph (A)
only if such compact violates -
(i)
any provision of this chapter,
(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 the Secretary, but only
to the extent the compact is consistent with the provisions of this
chapter.
(D)
The Secretary shall publish in the Federal Register notice of any Tribal-State
compact that is approved, or considered to have been approved, under
this paragraph.
(9)
An Indian tribe may enter into a management contract for the operation
of a class III gaming 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 2711 of this title.
(e) Approval of ordinances
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 approve 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 resolution is consistent with the provisions
of this chapter
Sec. 2711. - Management contracts
(a) Class II gaming activity; information on operators
(1)
Subject to the approval of the Chairman, an Indian 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 2710(b)(1)
of this title, but, before approving such contract, the Chairman shall
require and obtain the following information:
(A)
the name, address, and other additional pertinent background information
on each person or entity (including individuals 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 generally, 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 pursuant to subparagraph
(A).
(2)
Any person listed pursuant to paragraph (1)(A) shall be required to
respond to such written or oral questions that the Chairman may propound
in accordance with his responsibilities under this section.
(3)
For purposes of this chapter, 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.
(b) Approval
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;
(2)
for access to the daily operations of the gaming to appropriate 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 has 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 authorize 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 contract, but actual
contract termination shall not require the approval of the Commission.
(c) Fee based on percentage of net revenues
(1)
The Chairman may approve a management contract providing 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) Period for approval; extension
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) Disapproval
The Chairman shall not approve any contract if the Chairman determines
that -
(1)
any person listed pursuant to subsection (a)(1)(A) of this section -
(A)
is an elected member of the governing body of the Indian tribe which
is the party to the management contract;
(B)
has 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 Commission or the Indian tribe pursuant to this
chapter or has refused to respond to questions propounded pursuant to
subsection (a)(2) of this section; 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 effective regulation and control of
gaming, or create or enhance the dangers of unsuitable, unfair, or illegal
practices, 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 substantially failed to
comply with the terms of the management contract or the tribal gaming
ordinance or resolution adopted and approved pursuant to this chapter;
or
(4)
a trustee, exercising the skill and diligence that a trustee is commonly
held to, would not approve the contract.
(f) Modification or voiding
The Chairman, after notice and hearing, shall have the authority 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) Interest in land
No management contract for the operation and management of a gaming
activity regulated by this chapter 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) Authority
The authority of the Secretary under section 81 of this title, relating
to management contracts regulated pursuant to this chapter, is hereby
transferred to the Commission.
(i) Investigation fee
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
Sec. 2712. - Review of existing ordinances and contracts
(a) Notification to submit
As soon as practicable after the organization of the Commission, the
Chairman shall notify each Indian tribe or management contractor who,
prior to October 17, 1988, 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
agreements 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 chapter, or any amendment made by this chapter, unless disapproved
under this section.
(b) Approval or modification of ordinance or resolution
(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 subsection (a) of this section,
the Chairman shall review such ordinance or resolution to determine
if it conforms to the requirements of section 2710(b) of this title.
(2)
If the Chairman determines that an ordinance or resolution submitted
under subsection (a) of this section conforms to the requirements of
section 2710(b) of this title, the Chairman shall approve it.
(3)
If the Chairman determines that an ordinance or resolution submitted
under subsection (a) of this section does not conform to the requirements
of section 2710(b) of this title, the Chairman shall provide written
notification of necessary modifications to the Indian tribe which shall
have not more than 120 days to bring such ordinance or resolution into
compliance.
(c) Approval or modification of management contract
(1)
Within 180 days after the submission of a management contract, including
all collateral agreements, pursuant to subsection (a) of this section,
the Chairman shall subject such contract to the requirements and process
of section 2711 of this title.
(2)
If the Chairman determines that a management contract submitted under
subsection (a) of this section, and the management contractor under
such contract, meet the requirements of section 2711 of this title,
the Chairman shall approve the management contract.
(3)
If the Chairman determines that a contract submitted under subsection
(a) of this section, or the management contractor under a contract submitted
under subsection (a) of this section, does not meet the requirements
of section 2711 of this title, 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 October 17, 1988,
the parties shall have not more than 180 days after notification of
necessary modifications to come into compliance
Sec. 2713. - Civil penalties
(a) Authority; amount; appeal; written complaint
(1)
Subject to such regulations as 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 chapter, any regulation prescribed
by the Commission pursuant to this chapter, or tribal regulations, ordinances,
or resolutions approved under section 2710 or 2712 of this title.
(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 chapter, by regulations prescribed under this chapter,
or by tribal regulations, ordinances, or resolutions, approved under
section 2710 or 2712 of this title, that may result in the imposition
of a fine under subsection (a)(1) of this section, the permanent closure
of such game, or the modification or termination of any management contract,
the Commission shall provide such tribal operator or management contractor
with a written complaint stating the acts or omissions which form the
basis 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.
(b) Temporary closure; hearing
(1)
The Chairman shall have power to order temporary closure of an Indian
game for substantial violation of the provisions of this chapter, of
regulations prescribed by the Commission pursuant to this chapter, or
of tribal regulations, ordinances, or resolutions approved under section
2710 or 2712 of this title.
(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 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) Appeal from final decision
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.
(d) Regulatory authority under tribal law
Nothing in this chapter precludes an Indian tribe from exercising regulatory
authority provided under tribal law over a gaming establishment within
the Indian tribe's jurisdiction if such regulation is not inconsistent
with this chapter or with any rules or regulations adopted by the Commission
Sec. 2714. - Judicial review
Decisions made by the Commission pursuant to sections 2710, 2711, 2712,
and 2713 of this title shall be final agency decisions for purposes
of appeal to the appropriate Federal district court pursuant to chapter
7 of title 5
Sec. 2715. - Subpoena and deposition authority
(a) Attendance, testimony, production of papers, etc.
By a vote of not less than two members, the Commission 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 investigation. Witnesses so summoned shall
be paid the same fees and mileage that are paid witnesses in the courts
of the United States.
(b) Geographical location
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) Refusal of subpoena; court order; contempt
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 documents 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) Depositions; notice
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 Commissioner 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.
(e) Oath or affirmation required
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) Witness fees
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
Sec. 2716. - Investigative powers
(a) Confidential information
Except as provided in subsection (b) of this section, the Commission
shall preserve any and all information received pursuant to this chapter
as confidential pursuant to the provisions of paragraphs (4) and (7)
of section 552(b) of title 5.
(b) Provision to law enforcement officials
The Commission shall, when such information indicates a violation of
Federal, State, or tribal statutes, ordinances, or resolutions, provide
such information to the appropriate law enforcement officials.
(c) Attorney General
The Attorney General shall investigate activities associated with gaming
authorized by this chapter which may be a violation of Federal law
Sec. 2717. - Commission funding
(a)
(1)
The Commission shall establish a schedule of fees to be paid to the
Commission annually by each gaming operation that conducts a class II
or class III gaming activity that is regulated by this chapter.
(2)
(A)
The rate of the fees imposed under the schedule established under paragraph
(1) shall be -
(i)
no 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 chapter.
(B)
The total amount of all fees imposed during any fiscal year under the
schedule established under paragraph (1) shall not exceed $8,000,000.
(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 Commission, be
grounds for revocation of the approval of the Chairman of any license,
ordinance, or resolution required under this chapter 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 amortization of capital
expenditures for structures.
(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 2718 of this title, in an amount equal the
amount of funds derived from assessments authorized by subsection (a)
of this section 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
Sec. 2717a. - Availability of class II gaming activity fees to carry
out duties of Commission
In fiscal year 1990 and thereafter, fees collected pursuant to and as
limited by section 2717 of this title shall be available to carry out
the duties of the Commission, to remain available until expended
Sec. 2718. - Authorization of appropriations
(a)
Subject to section 2717 of this title, there are authorized to be appropriated,
for fiscal year 1998, and for each fiscal year thereafter, an amount
equal to the amount of funds derived from the assessments authorized
by section 2717(a) of this title.
(b)
Notwithstanding section 2717 of this title, there are authorized to
be appropriated to fund the operation of the Commission, $2,000,000
for fiscal year 1998, and $2,000,000 for each fiscal year thereafter.
The amounts authorized to be appropriated in the preceding sentence
shall be in addition to the amounts authorized to be appropriated under
subsection (a) of this section
Sec. 2719. - Gaming on lands acquired after October
17, 1988
(a) Prohibition on lands acquired in trust by Secretary
Except as provided in subsection (b) of this section, gaming regulated
by this chapter shall not be conducted on lands acquired by the Secretary
in trust for the benefit of an Indian tribe after October 17, 1988,
unless -
(1)
such lands are located within or contiguous to the boundaries of the
reservation of the Indian tribe on October 17, 1988; or
(2)
the Indian tribe has no reservation on October 17, 1988, and -
(A)
such lands are located in Oklahoma and -
(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 Oklahoma and are within
the Indian tribe's last recognized reservation within the State or States
within which such Indian tribe is presently located.
(b) Exceptions
(1)
Subsection (a) of this section 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,
(ii)
the initial reservation of an Indian tribe acknowledged by the Secretary
under the Federal acknowledgment process, or
(iii)
the restoration of lands for an Indian tribe that is restored to Federal
recognition.
(2)
Subsection (a) of this section 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 intersection 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 465 and 467 of this title,
subject to any encumbrances and rights that are held at the time of
such transfer by any person or entity other than such Tribe. The Secretary
shall publish in the Federal Register the legal description of any lands
that are declared held in trust by the Secretary under this paragraph.
(c) Authority of Secretary not affected
Nothing in this section shall affect or diminish the authority and responsibility
of the Secretary to take land into trust.
(d) Application of title 26
(1)
The provisions of title 26 (including sections 1441, 3402(q), 6041,
and 6050I, and chapter 35 of such title) concerning the reporting and
withholding of taxes with respect to the winnings from gaming or wagering
operations shall apply to Indian gaming operations conducted pursuant
to this chapter, or under a Tribal-State compact entered into under
section 2710(d)(3) of this title 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 October 17, 1988, unless
such other provision of law specifically cites this subsection
Sec. 2720. - Dissemination of information
Consistent with the requirements of this chapter, sections 1301, 1302,
1303 and 1304 of title 18 shall not apply to any gaming conducted by
an Indian tribe pursuant to this chapter
Sec. 2721. - Severability
In the event that any section or provision of this chapter, or amendment
made by this chapter, is held invalid, it is the intent of Congress
that the remaining sections or provisions of this chapter, and amendments
made by this chapter, shall continue in full force and effect
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