[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1130 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1130

  To provide for the assessment of fees by the National Indian Gaming 
                  Commission, and for other purposes.


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1997

  Mr. Campbell (for himself and Mr. Inouye) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

Rule___________________________________________________________________

                                 A BILL


 
  To provide for the assessment of fees by the National Indian Gaming 
                  Commission, 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. ASSESSMENT OF FEES.

    (a) In General.--Section 18(a) of the Indian Gaming Regulatory Act 
(25 U.S.C. 2717(a)) is amended--
            (1) by redesignating paragraphs (4) through (6) as 
        paragraphs (5) through (7), respectively;
            (2) by striking ``(a)(1)'' and all that follows through the 
        end of paragraph (3) and inserting the following:
    ``(a) Annual Fees.--
            ``(1) Minimum regulatory fees.--In addition to assessing 
        fees pursuant to a schedule established under paragraph (2), 
        the Commission shall require each gaming operation that 
        conducts a class II or class III gaming activity that is 
        regulated by this Act to pay to the Commission, on a quarterly 
        basis, a minimum regulatory fee in an amount equal to $250.
            ``(2) Class ii and class iii gaming fees.--
                    ``(A) Class ii gaming fees.--
                            ``(i) In general.--The Commission shall 
                        establish a schedule of fees to be paid to the 
                        Commission that includes fees for each class II 
                        gaming activity that is regulated by this Act.
                            ``(ii) Rate of fees.--For each gaming 
                        activity covered under the schedule established 
                        under clause (i), the rate of fees imposed 
                        under that schedule shall not exceed 2.5 
                        percent of the gross revenues of that gaming 
                        activity.
                            ``(iii) Amount of fees assessed.--Subject 
                        to paragraph (3), the total amount of fees 
                        imposed during any fiscal year under the 
schedule established under clause (i) shall not exceed--
                                    ``(I) $5,000,000 for fiscal year 
                                1998;
                                    ``(II) $8,000,000 for fiscal year 
                                1999; and
                                    ``(III) $10,000,000 for fiscal year 
                                2000, and for each fiscal year 
                                thereafter.
                    ``(B) Class iii gaming fees.--
                            ``(i) In general.--The Commission shall 
                        establish a schedule of fees to be paid to the 
                        Commission that includes fees for each class 
                        III gaming activity that is regulated by this 
                        Act.
                            ``(ii) Rate of fees.--For each gaming 
                        activity covered under the schedule established 
                        under clause (i), the rate of fees imposed 
                        under that schedule shall not exceed 0.5 
                        percent of the gross revenues of that gaming 
                        activity.
                            ``(iii) Amount of fees assessed.--Subject 
                        to paragraph (3), the total amount of fees 
                        imposed during any fiscal year under the 
                        schedule established under clause (i) shall not 
                        exceed--
                                    ``(I) $3,000,000 for fiscal year 
                                1998;
                                    ``(II) $4,000,000 for fiscal year 
                                1999; and
                                    ``(III) $5,000,000 for fiscal year 
                                2000, and for each fiscal year 
                                thereafter.
            ``(3) Graduated fee limitation.--
                    ``(A) In general.--The aggregate amount of fees 
                collected under paragraph (2) shall not exceed--
                            ``(i) $8,000,000 for fiscal year 1998;
                            ``(ii) $12,000,000 for fiscal year 1999; 
                        and
                            ``(iii) $15,000,000 for fiscal year 2000, 
                        and for each fiscal year thereafter.
                    ``(B) Factors for consideration.--In assessing and 
                collecting fees under this section, the Commission 
                shall take into account the duties of, and services 
                provided by, the Commission under this Act.
            ``(4) Special fund.--The Secretary of the Treasury shall 
        establish a special fund into which the Secretary of the 
        Treasury shall deposit amounts equal to the fees paid under 
        this subsection. The amounts deposited into the special fund 
        shall be used only to fund the activities of the Commission 
        under this Act.'';
            (3) in paragraph (5), as redesignated by paragraph (1) of 
        this section, by striking ``(5) Failure'' and inserting the 
        following:
            ``(5) Consequences of failure to pay fees.--Failure'';
            (4) in paragraph (6), as redesignated by paragraph (1) of 
        this section, by striking ``(6) To the extent'' and inserting 
        the following:
            ``(6) Credit.--To the extent''; and
            (5) in paragraph (7), as redesignated by paragraph (1) of 
        this section, by striking ``(7) For purposes of this section,'' 
        and inserting the following:
            ``(7) Gross revenues.--For purposes of this section,''.
    (b) Budget of Commission.--Section 18(b) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2717(b)) is amended--
            (1) by striking ``(b)(1) The Commission'' and inserting the 
        following:
    ``(b) Requests for Appropriations.--
            ``(1) In general.--The Commission'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Contents of budget.--For fiscal year 1998, and for 
        each fiscal year thereafter, the budget of the Commission may 
        include a request for appropriations, as authorized by section 
        19, in an amount equal to the sum of--
                    ``(A)(i) for fiscal year 1998, an estimate 
                (determined by the Commission) of the amount of funds 
                to be derived from the fees collected under subsection 
                (a) for that fiscal year; or
                    ``(ii) for each fiscal year thereafter, the amount 
                of funds derived from the fees collected under 
                subsection (a) for the fiscal year preceding the fiscal 
                year for which the appropriation request is made; and
                    ``(B) $1,000,000.''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 19 of the Indian Gaming Regulatory Act (25 U.S.C. 2718) is 
amended to read as follows:

``SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

    ``Subject to section 18, for fiscal year 1998, and for each fiscal 
year thereafter, there are authorized to be appropriated to the 
Commission an amount equal to the sum of--
            ``(1)(A) for fiscal year 1998, an estimate (determined by 
        the Commission) of the amount of funds to be derived from the 
        fees collected under subsection (a); or
            ``(B) for each fiscal year thereafter, the amount of funds 
        derived from the fees collected under subsection (a) for the 
        fiscal year preceding the fiscal year; and
            ``(2) $1,000,000.''.
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