[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1578 Introduced in House (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is amended or repealed, such amendment or repeal shall be considered to 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.).
                                 <all>
HR 1578 IH----2