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For the first time, some tribal governments have moved to fiscal independence. Native nations have invested gaming revenues in their economies and societies, often with dramatic effect. Citation Akee, Randall K.
Spilde, and Jonathan B. DOI: The Chairman may extend the 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. A is an elected member of the governing body of the Indian tribe which is the party to the management contract;. 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;.
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.
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.
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. 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. 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, , 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. If a management contract has been approved by the Secretary prior to October 17, , the parties shall have not more than days after notification of necessary modifications to come into compliance.
Civil penalties a Authority; amount; appeal; written complaint. 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. 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.
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. 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.
Decisions made by the Commission pursuant to sections , , , and 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.
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. 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. 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.
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.
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. 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 b of title 5. B The total amount of all fees imposed during any fiscal year under the schedule established under paragraph 1 shall not exceed 0.
B and struck out former subpar. Availability of class II gaming activity fees to carry out duties of Commission In fiscal year and thereafter, fees collected pursuant to and as limited by section of this title shall be available to carry out the duties of the Commission, to remain available until expended. Codification Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, , and not as part of the Indian Gaming Regulatory Act which comprises this chapter.
Authorization of appropriations a Subject to section of this title, there are authorized to be appropriated, for fiscal year , and for each fiscal year thereafter, an amount equal to the amount of funds derived from the assessments authorized by section a of this title. 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.
Prior to amendment, subsec. Notwithstanding the provisions of section of this title, there are authorized to be appropriated such sums as may be necessary to fund the operation of the Commission for each of the fiscal years beginning October 1, , and October 1, Croix Chippewa Indians of Wisconsin v.
United States, Civ. 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. Consistent with the requirements of this chapter, sections , , and of title 18 shall not apply to any gaming conducted by an Indian tribe pursuant to this chapter. 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.
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.
Short Title Section 1 of Pub. 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.
Amendments —Par. E and F. 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. 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 b of this title; 2 levy and collect civil fines as provided in section a of this title; 3 approve tribal ordinances or resolutions regulating class II gaming and class III gaming as provided in section of this title; and 4 approve management contracts for class II gaming and class III gaming as provided in sections d 9 and of this title.
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 of this title; 2 to adopt regulations for the assessment and collection of civil fines as provided in section 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 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 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 b 2 of this title.
Codification Subsec. Amendments —Subsec. 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 of title 5. 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.
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, , relating to supervision of Indian gaming until such time as the Commission is organized and prescribes regulations. 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.
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, , 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 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 a 1 of this title for regulation of such gaming.
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 e 1 D of this title.
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.
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