[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 985 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 985

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 1999

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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. SHORT TITLE.

    This Act may be cited as ``The Intergovernmental Gaming Agreement 
Act of 1999''.

SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY ACT.

    The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is 
amended by striking section 11, subsection (d) and inserting the 
following:
    ``(d)(1) Class III gaming activities shall be lawful on Indian 
lands only if those 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), 
                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) authorized by a Compact that is approved pursuant to 
        tribal law by the governing body of the Indian tribe having 
        jurisdiction over those lands;
            ``(D) conducted in conformance with a compact that--
                    ``(i) is in effect; and
                    ``(ii) is--
                            ``(I) entered into by an Indian tribe and a 
                        State and approved by the Secretary under 
                        paragraph (3); or
                            ``(II) issued by the Secretary under 
                        paragraph (3).
    ``(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 shall adopt and 
submit to the chairman an ordinance or resolution that meets the 
requirements of subsection (b).
    ``(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 12(e)(1)(D).
    ``(C) Upon approval of such an ordinance or resolution, the 
Chairman shall publish in the Federal Register such ordinance or 
resolution and the order of approval.
    ``(3) Compact Negotiations; Approval.--
            ``(A) In general.--
                    ``(i) Compact negotiations.--Any tribe having 
                jurisdiction over lands upon which a class III gaming 
                activity is to be conducted may request the State in 
                which those lands are located to enter into 
                negotiations for the purpose of entering into a compact 
                with that State governing conduct of Class III gaming 
                activities.
                    ``(ii) Requirements for request for negotiations.--
                A request for negotiations under clause (i) shall be in 
                writing and shall specify each gaming activity the 
                Indian tribe proposes for inclusion in the compact. Not 
                later than 30 days after receipt of the written 
                request, the State shall respond to the Indian tribe.
                    ``(iii) Commencement of Compact Negotiations.--
                Compact negotiations conducted under this paragraph 
                shall commence not later than 30 days after the date on 
                which a response by a State is due to the Indian tribe, 
                and shall be completed not later than 120 days after 
                the initiation of compact negotiations, unless the 
                State and the Indian tribe agree in writing to a 
                different period of time for the completion of compact 
                negotiations.
            ``(B) Negotiations.--
                    ``(i) In general.--The Secretary shall, upon 
                request of an Indian tribe described in subparagraph 
                (A)(i) that has not reached an agreement with a State 
                concerning a compact referred to in that subparagraph 
                (or with respect to an Indian tribe described in clause 
                (ii)(I)(bb) a compact) during the applicable period 
                under clause (ii) of this subparagraph, initiate a 
                mediation process to--
                            ``(I) conclude a compact referred to in 
                        subparagraph (A)(i); or
                            ``(II) if necessary, provide for the 
                        issuance of procedures by the Secretary to 
                        govern the conduct of the gaming referred to in 
                        that subparagraph.
                    ``(ii) Applicable period.--
                            ``(I) In general.--Subject to subclause 
                        (II), the applicable period described in this 
                        paragraph is--
                                    ``(aa) in the case of an Indian 
                                tribe that makes a request for compact 
                                negotiations under subparagraph (A), 
                                the 180-day period beginning on the 
                                date on which that Indian tribe makes 
                                the request; and
                                    ``(bb) in the case of an Indian 
                                tribe that makes a request to renew a 
                                compact to govern class III gaming 
                                activity on Indian lands of that Indian 
                                tribe within the State that the Indian 
                                tribe entered into prior to the date of 
                                enactment of the Indian Gaming 
                                Regulatory Act of 1988, during the 60-
                                day period beginning on the date of 
                                that request.
                            ``(II) Extension.--An Indian tribe and a 
                        State may agree to extend an applicable period 
                        under this paragraph beyond the applicable 
                        termination date specified in item (aa) or (bb) 
                        of subclause (I).
                    ``(iii) Mediation.--
                            ``(I) In general.--The Secretary shall 
                        initiate mediation to conclude a compact 
                        governing the conduct of class III gaming 
                        activities on Indian lands upon a clear showing 
                        by an Indian tribe that, within the applicable 
                        period specified in clause (ii), a state has 
                        failed--
                                    ``(aa) to respond to a request by 
                                an Indian tribe for negotiations under 
                                this subparagraph; or
                                    ``(bb) to negotiate in good faith.
                            ``(II) Effect of declining negotiations.--
                        The Secretary shall initiate mediation within 
                        10 days after a State declines to enter into 
                        negotiations under this subparagraph, without 
                        regard to whether the otherwise applicable 
                        period specified in clause (ii) has expired.
                            ``(III) Copy of request.--An Indian tribe 
                        that requests mediation under this clause shall 
                        provide the State that is the subject of the 
                        mediation request a copy of the mediation 
                        request submitted to the Secretary within 5 
                        days of receipt of the request.
                            ``(IV) Panel.--The Secretary, in 
                        consultation with the Indian tribes and States, 
                        shall establish a list of independent 
                        mediators, that the Secretary, in consultation 
                        with the Indian tribes and the States, shall 
                        periodically update. All mediators placed upon 
                        the list shall be certified by the American 
                        Arbitration Association as qualified to conduct 
                        arbitration in accordance with the American 
                        Arbitration Association rules and procedures.
                            ``(V) Notification by State.--Not later 
                        than 10 days after an Indian tribe makes a 
                        request to the Secretary for mediation under 
                        subclause (I), the State that is the subject of 
                        the mediation request shall notify the 
                        Secretary whether the State elects to 
                        participate in the mediation process within 5 
                        days of receipt of the request. If the State 
                        elects to participate in the mediation, the 
                        mediation shall be conducted in accordance with 
                        subclause (IV). If the State declines to 
                        participate in the mediation process, the 
                        Secretary shall issue procedures pursuant to 
                        clause (iv).
                            ``(VI) Mediation Process.--
                                    ``(aa) In general.--Not later than 
                                20 days after a State elects under 
                                subclause (V) to participate in a 
                                mediation, the Secretary shall submit 
                                to the Indian tribe and the State the 
                                names of 3 mediators randomly selected 
                                by the Secretary from the list of 
                                mediators established under subclause 
                                (IV).
                                    ``(bb) Selection of mediator.--Not 
                                later than 10 days after the Secretary 
                                submits the mediators referred to in 
                                item (aa), the Indian tribe and the 
                                State may each peremptorily remove one 
                                mediator from the mediators submitted. 
                                If either the Indian tribe or the State 
                                declines to remove a mediator, the 
                                Secretary shall randomly remove names 
                                until only one mediator remains. The 
                                remaining mediator shall conduct the 
                                mediation.
                                    ``(cc) Initial period of 
                                mediation.--The mediator shall, during 
                                the 60-day period beginning on the date 
                                on which the mediator is selected under 
                                item (bb) (or a longer period upon the 
                                written agreement of the parties to the 
                                mediation for an extension of the 
                                period) attempt to achieve a compact.
                                    ``(dd) Last best offer.--If by the 
                                termination of the period specified in 
                                item (cc), no agreement for concluding 
                                a compact is achieved by the parties to 
                                the mediation, each such party may, not 
                                later than 10 days after that date, 
                                submit to the mediator an offer that 
                                represents the best offer that the 
                                party intends to make for achieving an 
                                agreement for concluding a compact 
                                (referred to hereinafter as a `last-
                                best-offer'). The mediator shall review 
                                a last-best-offer received pursuant to 
                                this item not later than 30 days after 
                                the date of submission of the offer.
                                    ``(ee) Report by mediator.--Not 
                                later than the date specified for the 
                                completion of a review of a last-best-
                                offer under item (dd), or in any case 
                                in which either party in a mediation 
                                fails to make such an offer, the date 
                                that is 10 days after the termination 
                                of the initial period of mediation 
                                under item (cc), the mediator shall 
                                prepare and submit to the Secretary a 
                                report that includes the contentions of 
                                the parties, the conclusions of the 
                                mediator concerning the permissible 
                                scope of gaming on the Indian lands 
                                involved, and recommendations for the 
                                operation and regulation of gaming on 
                                the Indian lands in accordance with 
                                this Act.
                                    ``(ff) Final determinations.--Not 
                                later than 60 days after receiving a 
                                report from a mediator under item (ee), 
                                the Secretary shall make a final 
                                determination concerning the operation 
                                and regulation of class III gaming that 
                                is the subject of the mediation.
                            ``(VII) Procedures.--Subject to clause 
                        (iii)(V), on the basis of a final determination 
                        described in clause (iii)(VI)(ff), the 
                        Secretary shall issue procedures for the 
                        operation and regulation of the class III 
                        gaming described in that item by the date that 
                        is 180 days after the date specified in clause 
                        (iii)(V) or upon the determination described in 
                        clause (iii)(VI)(ff).
                            ``(VIII) Jurisdication of the united states 
                        district court for the district of columbia.--
                                    ``(aa) The United States District 
                                Court for the District of Columbia 
                                shall have jurisdiction over any action 
                                initiated by the Secretary, the 
                                Commission, a State, or an Indian tribe 
                                to challenge the Secretary's decision 
                                to complete a compact or initiate 
                                mediation or to challenge specific 
                                provisions of procedures issued by the 
                                Secretary for the operation of class 
                                III gaming under clause (iii)(V) or 
                                (iii)(VII).
                                    ``(bb) The Secretary's decision to 
                                complete a compact or to initiate 
                                mediation pursuant to clause (iii)(V) 
                                or (iii)(VII) shall be immediately 
                                reviewable in the United States 
                                District Court.
                                    ``(cc) Upon receipt of a petition 
                                to review a decision of the Secretary 
                                to complete a compact or initiate 
                                mediation pursuant to clause (iii)(V) 
                                or (iii)(VII), the United States 
                                District Court shall appoint a three 
                                judge panel to hear the proceedings and 
                                render a decision regarding whether the 
                                determination of the Secretary was 
                                valid as a matter of law.
                            ``(IX) Prohibition.--No compact negotiated, 
                        or procedures issued, under this subparagraph 
                        shall require that a State undertake any 
                        regulation of gaming on Indian lands unless--
                                    ``(aa) the State affirmatively 
                                consents to regulate that gaming; and
                                    ``(bb) applicable Sate laws permit 
                                that regulatory function.
            ``(C) Mandatory disapproval.--Notwithstanding any other 
        provision of this Act, the Secretary may not approve a compact 
        if the compact requires State regulation of gaming absent the 
        consent of the State or the Indian tribe.
            ``(D) Effective date of compact or procedures.--Any compact 
        negotiated, or procedures issued, under this subsection shall 
        become effective upon the publication of the compact or 
        procedures in the Federal Register by the Secretary.
            ``(E) Effect of publication of compact.--Except for an 
        appeal conducted under subchapter II of chapter 5 of title 5, 
        United States Code, by an Indian tribe or a State associated 
        with the compact, the publication of a compact pursuant to 
        subparagraph (B) shall, for the purposes of this Act, be 
        conclusive evidence that the class III gaming subject to the 
        compact 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.
            ``(F) Duties of commission.--Consistent with minimum 
        standards and as otherwise authorized by this Act, the 
        Commission shall monitor and, if authorized by those standards 
        and this Act, regulate and license class III gaming with 
        respect to and in a manner consistent with any compact that is 
        approved by the Secretary under this subsection and published 
        in the Federal Register.
    ``(4) Provisions of Compacts.--
            ``(A) In general.--A compact negotiated under this 
        subsection may only include provisions relating to--
                    ``(i) the application of the criminal and civil 
                laws (including regulations) of the Indian tribe or the 
                State that are directly related to, and necessary for, 
                the licensing and regulation of that gaming activity in 
                a manner consistent with the requirements of the 
                standards promulgated by the Commission.
                    ``(ii) the allocation of criminal and civil 
                jurisdiction between the State and the Indian tribe 
                necessary for the enforcement of those laws (including 
                regulations);
                    ``(iii) the assessment by the state of the costs 
                associated with those activities in such amounts as are 
                necessary to defray the costs of regulating that 
                activity;
                    ``(iv) taxation by the Indian tribe of that 
                activity in amounts comparable to amounts assessed by 
                the State for comparable activities;
                    ``(v) remedies for breach of compact provisions;
                    ``(vi) standards for the operation of that activity 
                and maintenance of the gaming facility, including 
                licensing, in a manner consistent with the requirements 
                of the standards promulgated by the Commission.
                    ``(vii) any other subject that is directly related 
                to the operation of gaming activities.
            ``(B) Statutory construction with respect to assessments; 
        prohibition.--
                    ``(i) Statutory construction.--Except for any 
                assessments for services agreed to by an Indian tribe 
                in compact negotiations, nothing in this section may 
                construed as conferring upon a State, or any political 
                subdivision thereof, the authority to impose any tax, 
                fee, charge, or other assessment upon an Indian tribe, 
an Indian gaming operation or the value generated by the gaming 
operation, or any person or entity authorized by an Indian tribe to 
engage in class III gaming activity in conformance with this Act.
                    ``(ii) Assessment by states.--A State may assess 
                the assessments agreed to by an Indian tribe referred 
                to in clause (i) in a manner consistent with that 
                clause.
    ``(5) Statutory Construction With Respect to Certain Rights of 
Indian Tribes.--Nothing in this subsection impairs the right of an 
Indian tribe to regulate class III gaming on the indian lands of the 
indian tribe concurrently with a State and the Commission, except to 
the extent that such regulation is inconsistent with or less stringent 
than, this Act or any laws (including regulations) made applicable by 
any compact entered into by the Indian tribe under this subsection that 
is in effect.
    ``(6) Exemption.--The provisions of section 2 of the Act of January 
2, 1951 (commonly referred to as the `Gambling Devices Transportation 
Act') (64 Stat. 1134, chapter 1194; 15 U.S.C. 1175) shall not apply to 
any class II gaming activity or any gaming activity conducted pursuant 
to a compact entered into after the date of enactment of this Act, but 
in no event shall this paragraph be constructed as invalidating any 
exemption from the provisions of section 2 of the Act of January 2, 
1951 for any compact entered into prior to the date of enactment of 
this Act.''.
    (b) Jurisdiction of the United States District Court for the 
District of Columbia.--The United States District Court for the 
District of Columbia shall have jurisdiction over any action initiated 
by the Secretary, the Commission, a State, or an Indian tribe to 
enforce any provision of a compact entered into under subsection (a) or 
to enjoin a class III gaming activity located on Indian lands and 
conducted in violation of any compact that is in effect and that was 
entered into under subsection (a).
    (c) Approval of Compacts.--
            (1) In general.--The Secretary may approve any compact 
        between an Indian tribe and a State governing the conduct of 
        class III gaming on Indian lands of that indian tribe entered 
        into under subsection (a).
            (2) Reasons for disapproval by secretary.--The Secretary 
        may disapprove a compact entered into under subsection (a) only 
        if that compact violates any--
                    (A) provision of this Act or any regulation 
                promulgated by the Commission pursuant to this Act;
                    (B) other provision of Federal law; or
                    (C) trust obligation of the United States to 
                Indians.
            (3) Effect of failure to act on compact.--If the Secretary 
        fails to approve or disapprove a compact entered into under 
        subsection (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 be approved by the 
        Secretary, but only to the extent the compact is consistent 
        with the provisions of this Act and the regulations promulgated 
        by the Commission pursuant to this Act.
            (4) Notification.--The Secretary shall publish in the 
        Federal Register notice of any compact that is approved, or 
        considered to have been approved, under this subsection.
    (d) Revocation of Ordinance.--
            (1) In general.--The governing body of an Indian tribe in 
        its sole discretion, 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. That 
        revocation shall render class III gaming illegal on the Indian 
        lands of that Indian tribe.
            (2) Publication of revocation.--An Indian tribe shall 
        submit any revocation ordinance or resolution described in 
        paragraph (1) to the Commission. The Commission shall publish 
        that ordinance or resolution in the Federal Register. The 
        revocation provided by that ordinance or resolution shall take 
        effect on the date of that publication.
            (3) Conditional operation.--Notwithstanding any other 
        provision of this subsection--
                    (A) any person or entity operating a class III 
                gaming activity pursuant to this Act on the date on 
                which an ordinance or resolution describe in paragraph 
                (1) that revokes authorization for that class III 
                gaming activity is published in the Federal Register 
                may, during the 1-year period beginning on the date on 
                which that revocation, ordinance, or resolution is 
                published under paragraph (2), continue to operate that 
                activity in conformance with an applicable compact 
                entered into under subsection (a) that is in effect; 
                and
                    (B) any civil action that arises before, and any 
                crime that is committed before, the termination of that 
                1-year period shall not be affected by that revocation, 
                ordinance, or resolution.
    (e) Certain Class III Gaming Activities.--
            (1) Compacts entered into before the date of enactment of 
        the intergovernmental gaming agreement act of 1999.--Class III 
        gaming activities that are authorized under a compact approved 
        or issued by the Secretary under the authority of this Act 
        prior to the date of enactment of the intergovernmental gaming 
        agreement act of 1999 shall, during such period as the compact 
        is in effect, remain lawful for the purposes of this Act, 
        notwithstanding the Intergovernmental Gaming Agreement Act of 
        1999 and the amendments made by that Act or any change in State 
        law.
            (2) Compact entered into after the date of enactment of the 
        intergovernmental gaming agreement act of 1999.--Any compact 
        entered into under subsection (a) after the date specified in 
        paragraph (1) shall remain lawful for the purposes of the 
        Intergovernmental Gaming Agreement Act of 1999, notwithstanding 
        any change in state law, other than a change in state law that 
        consistutes a change in the public policy of the State with 
        respect to permitting or prohibiting class III gaming in the 
        State.
                                 <all>