[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2323 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2323

   To amend the Indian Gaming Regulatory Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 1993

 Mr. Solomon introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Indian Gaming Regulatory Act, and for other purposes.

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

SECTION 1. INDIAN GAMING RESTRICTED.

    (a) Regulation of Class II Gaming.--Section 11(b) of the Act (25 
U.S.C. 2710(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``(i)'' after ``(A)'';
                            (ii) in clause (i), as designated by clause 
                        (i) of this subparagraph, by striking ``any 
                        purpose'' and all that follows through ``law), 
                        and'' and inserting ``a commercial purpose by 
                        any person, organization or entity, or''; and
                            (iii) by inserting after clause (i), as 
                        designated by clause (i) of this subparagraph, 
                        the following:
            ``(ii) such Indian gaming is for charitable purposes and is 
        located within a State that permits such gaming for charitable 
        purposes by a person, organization or entity,'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (D) and inserting the following:
            ``(B) such gaming is not otherwise specifically prohibited 
        on Indian lands by Federal law,
            ``(C) permissible gaming is limited to the specific forms 
        of, and methods of play for, gaming activities expressly 
        authorized by the law of the State, and''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(G) all gaming activities shall be conducted in 
        conformity with those laws and regulations (if any) of the 
        State regarding specific games allowed and methods of play, 
        including, but not limited to, periods of operation, limitation 
        on wagers, pot sizes, and losses.''.
    (b) Regulation of Class III Gaming.--Section 11(d)(1) of the Act 
(25 U.S.C. 2710(d)(1)) is amended--
            (1) by amending subparagraph (B) to read as follows:
            ``(B) located in a State that permits such gaming for any 
        purpose by any person, organization, or entity which conducts 
        the authorized gaming activity as part of a commercial, for-
        profit business enterprise; except that a Tribal-State compact 
        may permit any other class III gaming authorized by a State if 
        conducted in accordance with State law;''; and
            (2) by redesignating subparagraph (C) as subparagraph (D) 
        and inserting after subparagraph (B) the following new 
        subparagraph:
            ``(C) limited to the specific forms of, and methods of play 
        for, gaming activities expressly authorized by the law of the 
        State; and''.

SEC. 2. DEFINITION OF CLASS III GAMING.

    Section 4 of the Act (25 U.S.C. 2703) is amended--
            (1) in paragraph (7)(A)(i), by inserting after 
        ``therewith)'' the following: ``except video bingo''; and
            (2) in paragraph (8), by inserting before the period at the 
        end the following: ``including, but not limited to, slot 
        machines (as such term is defined in subsection (a)(1) of the 
        first section of the Act of January 2, 1951 (Chapter 1194; 64 
        Stat. 1134)), electronic or electromechanical facsimiles of any 
        game of chance, and any and all forms of electronic video games 
        or devices, such as video bingo, video pull-tabs, video keno, 
        and video blackjack''.

SEC. 3. COMPACT NEGOTIATION.

    (a) Burden of Proof.--Section 11(d)(7)(B)(ii) of the Act (25 U.S.C. 
2710(d)(7)(B)(ii)) is amended by striking ``burden of proof shall be 
upon the State to prove that the State'' and inserting ``burden of 
proof shall be upon the Indian tribe to prove that the State''.
    (b) Certain Evidence.--Section 11(d)(7)(B)(iii) of the Act (25 
U.S.C. 2710(d)(7)(B)(iii)) is amended--
            (1) in subclause (I), by striking ``, and'' and inserting a 
        semicolon;
            (2) in subclause (II), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
                            ``(III) except as provided in clause (ii), 
                        shall not consider as evidence that the State 
                        has not negotiated in good faith a demand by 
                        the State that the gaming activities 
                        contemplated by the compact be conducted on the 
                        same basis as gaming activities which may be 
                        conducted by any other person or entity under 
                        the terms of relevant State law.''.

SEC. 4. NATIONAL INDIAN GAMING COMMISSION.

    (a) Additional Members.--Section 5(b)(1) of the Act (25 U.S.C. 
2704(b)(1)) is amended--
            (1) in the material preceding subparagraph (A), by striking 
        ``three'' and inserting ``five'';
            (2) in subparagraph (A), by striking ``and'';
            (3) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(C) two associate members who shall be appointed 
                by the President, with the advice and consent of the 
                Senate, from among State officials.''.
    (b) Composition.--Section 5(b)(3) of the Act (25 U.S.C. 2704(b)(3)) 
is amended in the first sentence by striking ``two'' and inserting 
``three''.
    (c) Quorum.--Section 5(d) of the Act (25 U.S.C. 2704(d)) is amended 
by striking ``two'' and inserting ``three''.
    (d) Effective Date; Transition Rules.--(1) Except as required for 
paragraph (2), the amendments made by this section shall take effect at 
the end of the 90-day period beginning on the date of enactment of this 
Act and shall apply with respect to any action taken by the National 
Indian Gaming Commission after the end of such period.
    (2) Not later than 90 days after the date of enactment of this Act, 
the President shall make the initial appointments of the associate 
members of the National Indian Gaming Commission, as required by the 
amendments made by subsection (a) of this section, in accordance with 
the Indian Gaming Regulatory Act, as amended by this Act.

SEC. 5. GAMING ON AFTER ACQUIRED LANDS.

    Section 20(b)(1)(A) of the Act (25 U.S.C. 2719(b)(1)(A)) is 
amended--
            (1) by striking ``and appropriate State and local 
        officials, including officials of other nearby Indian tribes,'' 
        and inserting the following: ``, appropriate State and local 
        officials (including officials of other nearby Indian tribes), 
        and officials of other nearby communities (including 
        communities across State borders that would be directly 
        affected by gaming conducted on such lands),''; and
            (2) by striking ``community'' and inserting ``communities 
        (including communities across State borders that would be 
        directly affected by gaming conducted on such lands)''.

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