[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1518 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1518

    To amend the Indian Gaming Regulatory Act to modify a provision 
     relating to the locations in which class III gaming is lawful.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2005

  Mr. Voinovich (for himself and Mr. DeWine) 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 to modify a provision 
     relating to the locations in which class III gaming is lawful.

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

SECTION 1. CLASS III GAMING ACTIVITIES.

    (a) Definitions.--Section 4 of the Indian Gaming Regulatory Act (25 
U.S.C. 2703) is amended by adding at the end the following:
            ``(11) Commercial purpose.--
                    ``(A) In general.--The term `commercial purpose', 
                with respect to a gaming activity under this Act, means 
                a gaming activity operated on a for-profit basis.
                    ``(B) Exclusion.--The term `commercial purpose', 
                with respect to a gaming activity under this Act, does 
                not include any gaming activity operated on a 
                charitable or nonprofit basis.''.
    (b) Gaming Activities.--Section 11(d) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2710(d)) is amended by striking paragraph (1) 
and inserting the following:
            ``(1) Class iii gaming activities.--
                    ``(A) In general.--A class III gaming activity 
                shall be lawful on Indian land only if the activity 
                is--
                            ``(i) authorized by an ordinance or 
                        resolution that--
                                    ``(I) is adopted by the governing 
                                body of the Indian tribe that has 
                                jurisdiction over the Indian land on 
                                which the activity is proposed to be 
                                conducted;
                                    ``(II) meets the requirements of 
                                subsection (b); and
                                    ``(III) is approved by the 
                                Chairman;
                            ``(ii) subject to subparagraph (B), located 
                        in a State that expressly permits the activity 
                        for any commercial purpose by any person, 
                        organization, or entity in the constitution of 
                        the State or any law of the State; and
                            ``(iii) conducted in accordance with a 
                        Tribal-State compact entered into by the Indian 
                        tribe and the State under paragraph (3) that is 
                        in effect on the date on which the ordinance or 
                        resolution relating to the activity is 
                        submitted to the Chairman under paragraph (2).
                    ``(B) Certain states.--A class III gaming activity 
                conducted under subparagraph (A)(ii) shall be conducted 
                in accordance with the applicable laws (including 
                regulations) of the State in which the activity is 
                located, including restrictions on the timing or 
                frequency of the gaming activity.''.
                                 <all>