[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2078 Reported in Senate (RS)]







                                                       Calendar No. 466
109th CONGRESS
  2d Session
                                S. 2078

                          [Report No. 109-261]

 To amend the Indian Gaming Regulatory Act to clarify the authority of 
the National Indian Gaming Commission to regulate class III gaming, to 
      limit the lands eligible for gaming, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2005

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

                              June 6, 2006

               Reported by Mr. McCain, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Indian Gaming Regulatory Act to clarify the authority of 
the National Indian Gaming Commission to regulate class III gaming, to 
      limit the lands eligible for gaming, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Indian Gaming Regulatory 
Act Amendments of 2005''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 
2703) is amended--</DELETED>
        <DELETED>    (1) in paragraph (7)(E), by striking ``of the 
        Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(3))''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(11) Gaming-related contract.--The term `gaming-
        related contract' means--</DELETED>
                <DELETED>    ``(A) a contract or other agreement 
                relating to the management and operation of an Indian 
                tribal gaming activity, including a contract for 
                services under which the gaming-related contractor--
                </DELETED>
                        <DELETED>    ``(i) exercises material control 
                        over the gaming activity (or any part of the 
                        gaming activity); or</DELETED>
                        <DELETED>    ``(ii) advises or consults with a 
                        person that exercises material control over the 
                        gaming activity (or any part of the gaming 
                        activity);</DELETED>
                <DELETED>    ``(B) an agreement relating to the 
                development or construction of a facility to be used 
                for an Indian tribal gaming activity (including a 
                facility that is ancillary to such an activity) the 
                cost of which is greater than $250,000; or</DELETED>
                <DELETED>    ``(C) an agreement that provides for 
                compensation or fees based on a percentage of the net 
                revenues of an Indian tribal gaming activity.</DELETED>
        <DELETED>    ``(12) Gaming-related contractor.--The term 
        `gaming-related contractor' means an entity or an individual, 
        including an individual who is an officer, or who serves on the 
        board of directors, of an entity, or a stockholder that 
        directly or indirectly holds at least 5 percent of the issued 
        and outstanding stock of an entity, that enters into a gaming-
        related contract with--</DELETED>
                <DELETED>    ``(A) an Indian tribe; or</DELETED>
                <DELETED>    ``(B) an agent of an Indian 
                tribe.</DELETED>
        <DELETED>    ``(13) Material control.--The term `material 
        control', with respect to a gaming activity, means the exercise 
        of authority or supervision over a matter that substantially 
        affects a financial or management aspect of an Indian tribal 
        gaming activity.''.</DELETED>

<DELETED>SEC. 3. NATIONAL INDIAN GAMING COMMISSION.</DELETED>

<DELETED>    Section 5 of the Indian Gaming Regulatory Act (25 U.S.C. 
2704) is amended--</DELETED>
        <DELETED>    (1) in subsection (c)--</DELETED>
                <DELETED>    (A) by striking ``(c) Vacancies'' and 
                inserting the following:</DELETED>
<DELETED>    ``(c) Vacancies.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), a vacancy'';</DELETED>
                <DELETED>    (B) by striking the second sentence and 
                inserting the following:</DELETED>
        <DELETED>    ``(3) Expiration of term.--Unless a member has 
        been removed for cause under subsection (b)(6), the member 
        may--</DELETED>
                <DELETED>    ``(A) serve after the expiration of the 
                term of office of the member until a successor is 
                appointed; or</DELETED>
                <DELETED>    ``(B) be reappointed to serve on the 
                Commission.''; and</DELETED>
                <DELETED>    (C) by inserting after paragraph (1) (as 
                designated by subparagraph (A)) the 
                following:</DELETED>
        <DELETED>    ``(2) Vice chairman.--The Vice Chairman shall act 
        as Chairman in the absence or disability of the Chairman.''; 
        and</DELETED>
        <DELETED>    (2) in subsection (e), in the second sentence, by 
        inserting ``or disability'' after ``in the absence''.</DELETED>

<DELETED>SEC. 4. POWERS OF THE CHAIRMAN.</DELETED>

<DELETED>    Section 6 of the Indian Gaming Regulatory Act (25 U.S.C. 
2705) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (3), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) by striking paragraph (4) and 
                inserting the following:</DELETED>
        <DELETED>    ``(4) approve gaming-related contracts for class 
        II gaming and class III gaming under section 12; and''; 
        and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(5) conduct a background investigation and make 
        a determination with respect to the suitability of a gaming-
        related contractor, as the Chairman determines to be 
        appropriate.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(c) Delegation of Authority.--</DELETED>
        <DELETED>    ``(1) In general.--The Chairman may delegate any 
        authority under this section to any member of the Commission, 
        as the Chairman determines to be appropriate.</DELETED>
        <DELETED>    ``(2) Requirement.--In carrying out an activity 
        pursuant to a delegation under paragraph (1), a member of the 
        Commission shall be subject to, and act in accordance with--
        </DELETED>
                <DELETED>    ``(A) the general policies formally 
                adopted by the Commission; and</DELETED>
                <DELETED>    ``(B) the regulatory decisions, findings, 
                and determinations of the Commission pursuant to 
                Federal law.''.</DELETED>

<DELETED>SEC. 5. POWERS OF THE COMMISSION.</DELETED>

<DELETED>    Section 7(b) of the Indian Gaming Regulatory Act (25 
U.S.C. 2706(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraphs (1) and (4), by inserting ``and 
        class III gaming'' after ``class II gaming'' each place it 
        appears;</DELETED>
        <DELETED>    (2) in paragraph (2), by inserting ``or class III 
        gaming'' after ``class II gaming''; and</DELETED>
        <DELETED>    (3) in paragraph (10), by inserting ``, including 
        regulations addressing minimum internal control standards for 
        class II gaming and class III gaming activities'' before the 
        period at the end.</DELETED>

<DELETED>SEC. 6. COMMISSION STAFFING.</DELETED>

<DELETED>    (a) General Counsel.--Section 8(a) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2707(a)) is amended by striking ``basic'' and 
all that follows through the end of the subsection and inserting the 
following: ``pay payable for level IV of the Executive Schedule under 
chapter 11 of title 2, United States Code, as adjusted by section 5318 
of title 5, United States Code.''.</DELETED>
<DELETED>    (b) Other Staff.--Section 8(b) of the Indian Gaming 
Regulatory Act (25 U.S.C. 2707(b)) is amended by striking ``basic'' and 
all that follows through the end of the subsection and inserting the 
following: ``pay payable for level IV of the Executive Schedule under 
chapter 11 of title 2, United States Code, as adjusted by section 5318 
of title 5, United States Code.''.</DELETED>
<DELETED>    (c) Temporary and Intermittent Services.--Section 8(c) of 
the Indian Gaming Regulatory Act (25 U.S.C. 2707(c)) is amended by 
striking ``basic'' and all that follows through the end of the 
subsection and inserting the following: ``pay payable for level IV of 
the Executive Schedule under chapter 11 of title 2, United States Code, 
as adjusted by section 5318 of title 5, United States 
Code.''.</DELETED>

<DELETED>SEC. 7. TRIBAL GAMING ORDINANCES.</DELETED>

<DELETED>    Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 
2710) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1)(A), by striking ``, 
                and'' and inserting ``; and'';</DELETED>
                <DELETED>    (B) in paragraph (2)(F)--</DELETED>
                        <DELETED>    (i) by striking clause (i) and 
                        inserting the following:</DELETED>
                <DELETED>    ``(i) ensures that background 
                investigations and ongoing oversight activities are 
                conducted with respect to--</DELETED>
                        <DELETED>    ``(I) tribal gaming commissioners 
                        and key tribal gaming commission employees, as 
                        determined by the Chairman;</DELETED>
                        <DELETED>    ``(II) primary management 
                        officials and other key employees of the gaming 
                        enterprise, as determined by the Chairman; 
                        and</DELETED>
                        <DELETED>    ``(III) any person that is a party 
                        to a gaming-related contract; and''; 
                        and</DELETED>
                        <DELETED>    (ii) in clause (ii)(I), by 
                        striking ``primary'' and all that follows 
                        through ``with'' and inserting ``the 
                        individuals and entities described in clause 
                        (i), including'';</DELETED>
                <DELETED>    (C) in paragraph (3)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraphs 
                        (C) and (D) as subparagraphs (D) and (E), 
                        respectively; and</DELETED>
                        <DELETED>    (ii) by striking subparagraph (B) 
                        and inserting the following:</DELETED>
        <DELETED>    ``(B) the plan is approved by the Secretary after 
        the Secretary determines that--</DELETED>
                <DELETED>    ``(i) the plan is consistent with the uses 
                described in paragraph (2)(B);</DELETED>
                <DELETED>    ``(ii) the plan adequately addresses the 
                purposes described in clauses (i) and (iii) of 
                paragraph (2)(B); and</DELETED>
                <DELETED>    ``(iii) a per capita payment is a 
                reasonable method of providing for the general welfare 
                of the Indian tribe and the members of the Indian 
                tribe;</DELETED>
        <DELETED>    ``(C) the Secretary determines that the plan 
        provides an adequate mechanism for the monitoring and 
        enforcement, by the Secretary and the Chairman, of the 
        compliance of the plan (including any amendment, revision, or 
        rescission of any part of the plan);''; and</DELETED>
                <DELETED>    (D) in paragraph (4)(B)(i)--</DELETED>
                        <DELETED>    (i) in subclause (I), by striking 
                        ``of the Act,'' and inserting a 
                        semicolon;</DELETED>
                        <DELETED>    (ii) in subclause (II), by 
                        striking ``of this subsection'' and inserting a 
                        semicolon;</DELETED>
                        <DELETED>    (iii) in subclause (III), by 
                        striking ``, and'' and inserting ``; and''; 
                        and</DELETED>
                        <DELETED>    (iv) in subclause (IV), by 
                        striking ``National Indian Gaming'';</DELETED>
        <DELETED>    (2) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (I) in clause (i), by 
                                striking ``lands,'' and inserting 
                                ``lands;'';</DELETED>
                                <DELETED>    (II) in clause (ii), by 
                                striking ``, and'' and inserting ``; 
                                and''; and</DELETED>
                                <DELETED>    (III) in clause (iii), by 
                                striking the comma at the end and 
                                inserting a semicolon; and</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``, and'' and inserting ``; 
                        and'';</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (B)(i), by 
                        striking ``, or'' and inserting ``; or''; 
                        and</DELETED>
                        <DELETED>    (ii) in subparagraph (D)(iii)(I), 
                        by striking ``, and'' and inserting ``; 
                        and'';</DELETED>
                <DELETED>    (C) in paragraph (7)(B)--</DELETED>
                        <DELETED>    (i) in clause (ii)(I), by striking 
                        ``, and'' and inserting ``; and'';</DELETED>
                        <DELETED>    (ii) in clause (iii)(I), by 
                        striking ``, and'' and inserting ``; and''; 
                        and</DELETED>
                        <DELETED>    (iii) in clause (vii)(I), by 
                        striking ``, and'' and inserting ``; 
                        and'';</DELETED>
                <DELETED>    (D) in paragraph (8)(B)--</DELETED>
                        <DELETED>    (i) in clause (i), by striking the 
                        comma at the end and inserting a semicolon; 
                        and</DELETED>
                        <DELETED>    (ii) in clause (ii), by striking 
                        ``, or'' and inserting ``; or''; and</DELETED>
                <DELETED>    (E) by striking paragraph (9); 
                and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(f) Provision of Information to Chairman.--Immediately 
after approving a plan (including any amendment, revision, or recision 
of any part of a plan) under subsection (b)(3), the Secretary shall 
provide to the Chairman--</DELETED>
        <DELETED>    ``(1) a notice of the approval; and</DELETED>
        <DELETED>    ``(2) any information used by the Secretary in 
        approving the plan.''.</DELETED>

<DELETED>SEC. 8. GAMING-RELATED CONTRACTS.</DELETED>

<DELETED>    Section 12 of the Indian Gaming Regulatory Act (25 U.S.C. 
2711) is amended to read as follows:</DELETED>

<DELETED>``SEC. 12. GAMING-RELATED CONTRACTS.</DELETED>

<DELETED>    ``(a) In General.--To be enforceable under this Act, a 
gaming-related contract shall be--</DELETED>
        <DELETED>    ``(1) in writing; and</DELETED>
        <DELETED>    ``(2) approved by the Chairman under subsection 
        (c).</DELETED>
<DELETED>    ``(b) Contract Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--A gaming-related contract under 
        this Act shall provide for the Indian tribe, at a minimum, 
        provisions relating to--</DELETED>
                <DELETED>    ``(A) accounting and reporting procedures, 
                including, as appropriate, provisions relating to 
                verifiable financial reports;</DELETED>
                <DELETED>    ``(B) the access required to ensure proper 
                performance of the gaming-related contract, including 
                access to, with respect to a gaming activity--
                </DELETED>
                        <DELETED>    ``(i) daily operations;</DELETED>
                        <DELETED>    ``(ii) real property;</DELETED>
                        <DELETED>    ``(iii) equipment; and</DELETED>
                        <DELETED>    ``(iv) any other tangible or 
                        intangible property used to carry out the 
                        activity;</DELETED>
                <DELETED>    ``(C) assurance of performance of each 
                party to the gaming-related contract, including the 
                provision of bonds under subsection (d), as the 
                Chairman determines to be necessary; and</DELETED>
                <DELETED>    ``(D) the reasons for, and method of, 
                terminating the gaming-related contract.</DELETED>
        <DELETED>    ``(2) Term.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), the term of a gaming-related contract 
                shall not exceed 5 years.</DELETED>
                <DELETED>    ``(B) Exception.--Notwithstanding 
                subparagraph (A), a gaming-related contract may have a 
                term of not to exceed 7 years if--</DELETED>
                        <DELETED>    ``(i) the Indian tribal party to 
                        the gaming-related contract submits to the 
                        Chairman a request for such a term; 
                        and</DELETED>
                        <DELETED>    ``(ii) the Chairman determines 
                        that the term is appropriate, taking into 
                        consideration the circumstances of the gaming-
                        related contract.</DELETED>
        <DELETED>    ``(3) Fees.--</DELETED>
                <DELETED>    ``(A) In general.--Notwithstanding the 
                payment terms of a gaming-related contract, and except 
                as provided in subparagraph (B), the fee of a gaming-
                related contractor or beneficiary of a gaming-related 
                contract shall not exceed an amount equal to 30 percent 
                of the net revenues of the gaming operation that is the 
                subject of the gaming-related contract.</DELETED>
                <DELETED>    ``(B) Exception.--The fee of a gaming-
                related contractor or beneficiary of a gaming-related 
                contract may be in an amount equal to not more than 40 
                percent of the net revenues of the gaming operation 
                that is the subject of the gaming-related contract if 
                the Chairman determines that such a fee is appropriate, 
                taking into consideration the circumstances of the 
                gaming-related contract.</DELETED>
<DELETED>    ``(c) Approval by Chairman.--</DELETED>
        <DELETED>    ``(1) Gaming-related contracts.--</DELETED>
                <DELETED>    ``(A) In general.--An Indian tribe shall 
                submit each gaming-related contract of the tribe to the 
                Chairman for approval by not later than the earlier 
                of--</DELETED>
                        <DELETED>    ``(i) the date that is 90 days 
                        after the date on which the gaming-related 
                        contract is executed; or</DELETED>
                        <DELETED>    ``(ii) the date that is 90 days 
                        before the date on which the gaming-related 
                        contract is scheduled to be 
                        completed.</DELETED>
                <DELETED>    ``(B) Factors for consideration.--In 
                determining whether to approve a gaming-related 
                contract under this subsection, the Chairman may take 
                into consideration any information relating to the 
                terms, parties, and beneficiaries of--</DELETED>
                        <DELETED>    ``(i) the gaming-related contract; 
                        and</DELETED>
                        <DELETED>    ``(ii) any other agreement 
                        relating to the Indian gaming activity, as 
                        determined by the Chairman.</DELETED>
                <DELETED>    ``(C) Deadline for determination.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The Chairman 
                        shall approve or disapprove a gaming-related 
                        contract under this subsection by not later 
                        than 90 days after the date on which the 
                        Chairman makes a determination regarding the 
                        suitability of each gaming-related contractor 
                        under paragraph (2).</DELETED>
                        <DELETED>    ``(ii) Expedited review.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--If each 
                                gaming-related contractor has been 
                                determined by the Chairman to be 
                                suitable under paragraph (2) on or 
                                before the date on which the gaming-
                                related contract is submitted to the 
                                Chairman, the Chairman shall approve or 
                                disapprove the gaming-related contract 
                                by not later than 30 days after the 
                                date on which the gaming-related 
                                contract is submitted.</DELETED>
                                <DELETED>    ``(II) Failure to 
                                determine.--If the Chairman fails to 
                                make a determination by the date 
                                described in subclause (I), a gaming-
                                related contract described in that 
                                subclause shall be considered to be 
                                approved.</DELETED>
                                <DELETED>    ``(III) Amendments.--The 
                                Chairman may require the parties to a 
                                gaming-related contract considered to 
                                be approved under subclause (II) to 
                                amend the gaming-related contract, as 
                                the Chairman considers to be 
                                appropriate to meet the requirements 
                                under subsection (b).</DELETED>
                        <DELETED>    ``(iii) Early operation.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--On 
                                approval of the Chairman under 
                                subclause (II), a gaming-related 
                                contract may be carried out before the 
                                date on which the gaming-related 
                                contract is approved by the Chairman 
                                under clause (i).</DELETED>
                                <DELETED>    ``(II) Approval by 
                                chairman.--The Chairman may approve the 
                                early operation of a gaming-related 
                                contract under subclause (I) if the 
                                Chairman determines that--</DELETED>
                                        <DELETED>    ``(aa) adequate 
                                        bonds have been provided under 
                                        paragraph (2)(G)(iii) and 
                                        subsection (d); and</DELETED>
                                        <DELETED>    ``(bb) the gaming-
                                        related contract will be 
                                        amended as the Chairman 
                                        considers to be appropriate to 
                                        meet the requirements under 
                                        subsection (b).</DELETED>
                <DELETED>    ``(D) Requirements for disapproval.--The 
                Chairman shall disapprove a gaming-related contract 
                under this subsection if the Chairman determines that--
                </DELETED>
                        <DELETED>    ``(i) the gaming-related contract 
                        fails to meet any requirement under subsection 
                        (b);</DELETED>
                        <DELETED>    ``(ii) a gaming-related contractor 
                        is unsuitable under paragraph (2);</DELETED>
                        <DELETED>    ``(iii) a gaming-related 
                        contractor or beneficiary of the gaming-related 
                        contract--</DELETED>
                                <DELETED>    ``(I) unduly interfered 
                                with or influenced, or attempted to 
                                interfere with or influence, a decision 
                                or process of an Indian tribal 
                                government relating to the gaming 
                                activity for the benefit of the gaming-
                                related contractor or beneficiary; 
                                or</DELETED>
                                <DELETED>    ``(II) deliberately or 
                                substantially failed to comply with--
                                </DELETED>
                                        <DELETED>    ``(aa) the gaming-
                                        related contract; or</DELETED>
                                        <DELETED>    ``(bb) a tribal 
                                        gaming ordinance or resolution 
                                        adopted and approved pursuant 
                                        to this Act;</DELETED>
                        <DELETED>    ``(iv) the Indian tribe with 
                        jurisdiction over the Indian lands on which the 
                        gaming activity is located will not receive the 
                        primary benefit as sole proprietor of the 
                        gaming activity, taking into consideration any 
                        agreement relating to the gaming 
                        activity;</DELETED>
                        <DELETED>    ``(v) a trustee would disapprove 
                        the gaming-related contract, in accordance with 
                        the duties of skill and diligence of the 
                        trustee, because the compensation or fees under 
                        the gaming-related contract do not bear a 
                        reasonable relationship to the cost of the 
                        goods or the benefit of the services provided 
                        under the gaming-related contract; or</DELETED>
                        <DELETED>    ``(vi) a person or an Indian tribe 
                        would violate this Act--</DELETED>
                                <DELETED>    ``(I) on approval of the 
                                gaming-related contract; or</DELETED>
                                <DELETED>    ``(II) in carrying out the 
                                gaming-related contract.</DELETED>
        <DELETED>    ``(2) Gaming-related contractors.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 90 days 
                after the date on which the Chairman receives a gaming-
                related contract, the Chairman shall make a 
                determination regarding the suitability of each gaming-
                related contractor to carry out any gaming activity 
                that is the subject of the gaming-related 
                contract.</DELETED>
                <DELETED>    ``(B) Requirements.--The Chairman shall 
                make a determination under subparagraph (A) that a 
                gaming-related contractor is unsuitable if, as 
                determined by the Chairman--</DELETED>
                        <DELETED>    ``(i) the gaming-related 
                        contractor--</DELETED>
                                <DELETED>    ``(I) is an elected member 
                                of the governing body of an Indian 
                                tribe that is a party to the gaming-
                                related contract;</DELETED>
                                <DELETED>    ``(II) has been convicted 
                                of--</DELETED>
                                        <DELETED>    ``(aa) a felony; 
                                        or</DELETED>
                                        <DELETED>    ``(bb) any offense 
                                        relating to gaming;</DELETED>
                                <DELETED>    ``(III)(aa) knowingly and 
                                willfully provided any materially 
                                important false statement or other 
                                information to the Commission or an 
                                Indian tribe that is a party to the 
                                gaming-related contract; or</DELETED>
                                <DELETED>    ``(bb) failed to respond 
                                to a request for information under this 
                                Act;</DELETED>
                                <DELETED>    ``(IV) poses a threat to 
                                the public interest or the effective 
                                regulation or conduct of gaming under 
                                this Act, taking into consideration the 
                                behavior, criminal record, reputation, 
                                habits, and associations of the gaming-
                                related contractor;</DELETED>
                                <DELETED>    ``(V) unduly interfered, 
                                or attempted to unduly interfere, with 
                                any determination or governing process 
                                of the governing body of an Indian 
                                tribe relating to a gaming activity, 
                                for the benefit of the gaming-related 
                                contractor; or</DELETED>
                                <DELETED>    ``(VI) deliberately or 
                                substantially failed to comply with the 
                                terms of--</DELETED>
                                        <DELETED>    ``(aa) the gaming-
                                        related contract; or</DELETED>
                                        <DELETED>    ``(bb) a tribal 
                                        gaming ordinance or resolution 
                                        approved and adopted under this 
                                        Act; or</DELETED>
                        <DELETED>    ``(ii) a trustee would determine 
                        that the gaming-related contractor is 
                        unsuitable, in accordance with the duties of 
                        skill and diligence of the trustee.</DELETED>
                <DELETED>    ``(C) Failure to determine.--If the 
                Chairman fails to make a suitability determination with 
                respect to a gaming-related contractor by the date 
                described in subparagraph (A), each gaming-related 
                contractor shall be considered to be suitable to carry 
                out the gaming activity that is the subject of the 
                applicable gaming-related contract.</DELETED>
                <DELETED>    ``(D) Revocation.--At any time, based on a 
                showing of good cause, the Chairman may--</DELETED>
                        <DELETED>    ``(i) make a determination that a 
                        gaming-related contractor is unsuitable under 
                        this subsection; or</DELETED>
                        <DELETED>    ``(ii) revoke a suitability 
                        determination under this subsection.</DELETED>
                <DELETED>    ``(E) Temporary suitability.--</DELETED>
                        <DELETED>    ``(i) In general.--For purposes of 
                        meeting a deadline under paragraph (1)(C), the 
                        Chairman may determine that a gaming-related 
                        contractor is temporarily suitable if--
                        </DELETED>
                                <DELETED>    ``(I) the Chairman 
                                determined the gaming-related 
                                contractor to be suitable with respect 
                                to another gaming-related contract 
                                being carried out on the date on which 
                                the Chairman makes a determination 
                                under this paragraph; and</DELETED>
                                <DELETED>    ``(II) the gaming-related 
                                contractor has not otherwise been 
                                determined to be unsuitable by the 
                                Chairman.</DELETED>
                        <DELETED>    ``(ii) Final determination.--The 
                        Chairman shall make a suitability determination 
                        with respect to a gaming-related contractor 
                        that is the subject of a temporary suitability 
                        determination under clause (i) by the date 
                        described in subparagraph (A), in accordance 
                        with subparagraph (F).</DELETED>
                <DELETED>    ``(F) Updating determinations.--The 
                Chairman, as the Chairman determines to be appropriate, 
                may limit an investigation of the suitability of a 
                gaming-related contractor that--</DELETED>
                        <DELETED>    ``(i) has been determined to be 
                        suitable by the Chairman with respect to 
                        another gaming-related contract being carried 
                        out on the date on which the Chairman makes a 
                        determination under this paragraph; 
                        and</DELETED>
                        <DELETED>    ``(ii) certifies to the Chairman 
                        that the information provided during a 
                        preceding suitability determination has not 
                        materially changed.</DELETED>
                <DELETED>    ``(G) Responsibility of gaming-related 
                contractor.--A gaming-related contractor shall--
                </DELETED>
                        <DELETED>    ``(i) pay the costs of any 
                        investigation activity of the Chairman in 
                        carrying out this paragraph;</DELETED>
                        <DELETED>    ``(ii) provide to the Chairman a 
                        notice of any change in information provided 
                        during a preceding investigation on discovery 
                        of the change; and</DELETED>
                        <DELETED>    ``(iii) during an investigation of 
                        suitability under this paragraph, provide to 
                        the Chairman such bonds under subsection (d) as 
                        the Chairman determines to be appropriate to 
                        shield an Indian tribe from liability resulting 
                        from an action of the gaming-related 
                        contractor.</DELETED>
                <DELETED>    ``(H) Registry.--The Chairman shall 
                establish and maintain a registry of each suitability 
                determination made under this paragraph.</DELETED>
        <DELETED>    ``(3) Additional reviews.--Notwithstanding an 
        approval under paragraph (1), or a determination of suitability 
        under paragraph (2), if the Chairman determines that a gaming-
        related contract, or any party to such a contract, is in 
        violation of this Act, the Chairman may--</DELETED>
                <DELETED>    ``(A) suspend performance under the 
                gaming-related contract;</DELETED>
                <DELETED>    ``(B) require the parties to amend the 
                gaming-related contract; or</DELETED>
                <DELETED>    ``(C) revoke a determination of 
                suitability under paragraph (2)(D).</DELETED>
        <DELETED>    ``(4) Termination.--Termination of a gaming-
        related contract shall not require the approval of the 
        Chairman.</DELETED>
<DELETED>    ``(d) Bonds.--</DELETED>
        <DELETED>    ``(1) In general.--The Chairman may require a 
        gaming-related contractor to provide to the Chairman a bond to 
        ensure the performance of the gaming-related contractor under a 
        gaming-related contract.</DELETED>
        <DELETED>    ``(2) Regulations.--The Chairman, by regulation, 
        shall establish the amount of a bond required under this 
        subsection.</DELETED>
        <DELETED>    ``(3) Method of payment.--A bond under this 
        subsection may be provided--</DELETED>
                <DELETED>    ``(A) in cash or negotiable 
                securities;</DELETED>
                <DELETED>    ``(B) through a surety bond guaranteed by 
                a guarantor acceptable to the Chairman; or</DELETED>
                <DELETED>    ``(C) through an irrevocable letter of 
                credit issued by a banking institution acceptable to 
                the Chairman.</DELETED>
        <DELETED>    ``(4) Use of bonds.--The Chairman shall use a bond 
        provided under this subsection to pay the costs of a failure of 
        the gaming-related contractor that provided the bond to perform 
        under a gaming-related contract.</DELETED>
<DELETED>    ``(e) Appeal of Determination.--</DELETED>
        <DELETED>    ``(1) In general.--An Indian tribe or a gaming-
        related contractor may submit to the Commission a request for 
        an appeal of a determination of the Chairman under subsection 
        (c) or (d).</DELETED>
        <DELETED>    ``(2) Determination of commission.--</DELETED>
                <DELETED>    ``(A) Hearings.--The Commission shall 
                schedule a hearing relating to an appeal under 
                paragraph (1) by not later than 30 days after the date 
                on which a request for the appeal is 
                received.</DELETED>
                <DELETED>    ``(B) Deadline for determination.--The 
                Commission shall make a determination, by majority vote 
                of the Commission, relating to an appeal under this 
                subsection by not later than 5 days after the date of 
                the hearing relating to the appeal under subparagraph 
                (A).</DELETED>
                <DELETED>    ``(C) Concurrence.--If the Commission 
                concurs with a determination of the Chairman under this 
                subsection, the determination shall be considered to be 
                a final agency action.</DELETED>
                <DELETED>    ``(D) Dissent.--</DELETED>
                        <DELETED>    ``(i) In general.--If the 
                        Commission dissents from a determination of the 
                        Chairman under this subsection, the Chairman 
                        may--</DELETED>
                                <DELETED>    ``(I) rescind the 
                                determination of the Chairman; 
                                or</DELETED>
                                <DELETED>    ``(II) on a finding of 
                                immediate and irreparable harm to the 
                                Indian tribe that is the subject of the 
                                determination, maintain the 
                                determination.</DELETED>
                        <DELETED>    ``(ii) Final agency action.--A 
                        decision by the Chairman to maintain a 
                        determination under clause (i)(II) shall be 
                        considered to be a final agency 
                        action.</DELETED>
        <DELETED>    ``(3) Appeal of commission determination.--An 
        Indian tribe, a gaming-related contractor, or a beneficiary of 
        a gaming-related contract may appeal a determination of the 
        Commission under paragraph (2) to the United States District 
        Court for the District of Columbia.</DELETED>
<DELETED>    ``(f) Conveyance of Real Property.--No gaming-related 
contract under this Act shall transfer or otherwise convey any interest 
in land or other real property unless the transfer or conveyance--
</DELETED>
        <DELETED>    ``(1) is authorized under law; and</DELETED>
        <DELETED>    ``(2) is specifically described in the gaming-
        related contract.</DELETED>
<DELETED>    ``(g) Contract Authority.--The authority of the Secretary 
under section 2103 of the Revised Statutes (25 U.S.C. 81) relating to 
contracts under this Act is transferred to the Commission.</DELETED>
<DELETED>    ``(h) No Effect on Tribal Authority.--This section does 
not expand, limit, or otherwise affect the authority of any Indian 
tribe or any party to a Tribal-State compact to investigate, license, 
or impose a fee on a gaming-related contractor.''.</DELETED>

<DELETED>SEC. 9. CIVIL PENALTIES.</DELETED>

<DELETED>    Section 14 of the Indian Gaming Regulatory Act (25 U.S.C. 
2713) is amended--</DELETED>
        <DELETED>    (1) by striking the section designation and 
        heading and all that follows through subsection (a) and 
        inserting the following:</DELETED>

<DELETED>``SEC. 14. CIVIL PENALTIES.</DELETED>

<DELETED>    ``(a) Penalties.--</DELETED>
        <DELETED>    ``(1) Violation of act.--</DELETED>
                <DELETED>    ``(A) In general.--An Indian tribe, 
                individual, or entity that violates any provision of 
                this Act (including any regulation of the Commission 
                and any Indian tribal regulation, ordinance, or 
                resolution approved under section 11 or 13) in carrying 
                out a gaming-related contract may be subject to, as the 
                Chairman determines to be appropriate--</DELETED>
                        <DELETED>    ``(i) an appropriate civil fine, 
                        in an amount not to exceed $25,000 per 
                        violation per day; or</DELETED>
                        <DELETED>    ``(ii) an order of the Chairman 
                        for an accounting and disgorgement, including 
                        interest.</DELETED>
                <DELETED>    ``(B) Application to indian tribes.--An 
                Indian tribe shall not be subject to disgorgement under 
                subparagraph (A)(ii) unless the Chairman determines 
                that the Indian tribe grossly violated a provision of 
                this Act.</DELETED>
        <DELETED>    ``(2) Appeals.--The Chairman shall provide, by 
        regulation, an opportunity to appeal a determination relating 
        to a violation under paragraph (1).</DELETED>
        <DELETED>    ``(3) Written complaints.--</DELETED>
                <DELETED>    ``(A) In general.--If the Commission has 
                reason to believe that an Indian tribe or a party to a 
                gaming-related contract may be subject to a penalty 
                under paragraph (1), the final closure of an Indian 
                gaming activity, or a modification or termination order 
                relating to the gaming-related contract, the Chairman 
                shall provide to the Indian tribe or party a written 
                complaint, including--</DELETED>
                        <DELETED>    ``(i) a description of any act or 
                        omission that is the basis of the belief of the 
                        Commission; and</DELETED>
                        <DELETED>    ``(ii) a description of any action 
                        being considered by the Commission relating to 
                        the act or omission.</DELETED>
                <DELETED>    ``(B) Requirements.--A written complaint 
                under subparagraph (A)--</DELETED>
                        <DELETED>    ``(i) shall be written in common 
                        and concise language;</DELETED>
                        <DELETED>    ``(ii) shall identify any 
                        statutory or regulatory provision relating to 
                        an alleged violation by the Indian tribe or 
                        party; and</DELETED>
                        <DELETED>    ``(iii) shall not be written only 
                        in statutory or regulatory 
                        language.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``(b)(1) The Chairman'' 
                and inserting the following:</DELETED>
<DELETED>    ``(b) Temporary Closures.--</DELETED>
        <DELETED>    ``(1) In general.--The Chairman'';</DELETED>
                <DELETED>    (B) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by striking ``Indian game'' 
                        and inserting ``Indian gaming activity, or any 
                        part of such a gaming activity,''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``section 11 or 
                        13 of this Act'' and inserting ``section 11 or 
                        13''; and</DELETED>
                <DELETED>    (C) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``(2) Not later 
                        than thirty'' and inserting the 
                        following:</DELETED>
        <DELETED>    ``(2) Hearings.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 
                30'';</DELETED>
                        <DELETED>    (ii) in subparagraph (A) (as 
                        designating by clause (i))--</DELETED>
                                <DELETED>    (I) by striking 
                                ``management contractor'' and inserting 
                                ``party to a gaming-related contract''; 
                                and</DELETED>
                                <DELETED>    (II) by striking 
                                ``permanent'' and inserting ``final''; 
                                and</DELETED>
                        <DELETED>    (iii) in the second sentence--
                        </DELETED>
                                <DELETED>    (I) by striking ``Not 
                                later than sixty'' and inserting the 
                                following:</DELETED>
                <DELETED>    ``(B) Determination of commission.--Not 
                later than 60''; and</DELETED>
                                <DELETED>    (II) by striking 
                                ``permanent'' and inserting 
                                ``final'';</DELETED>
        <DELETED>    (3) in subsection (c), by striking ``(c) A 
        decision'' and inserting the following:</DELETED>
<DELETED>    ``(c) Appeal of Final Determinations.--A determination''; 
and</DELETED>
        <DELETED>    (4) in subsection (d), by striking ``(d) Nothing'' 
        and inserting the following:</DELETED>
<DELETED>    ``(d) Effect on Regulatory Authority of Indian Tribes.--
Nothing''.</DELETED>

<DELETED>SEC. 10. GAMING ON LATER-ACQUIRED LAND.</DELETED>

<DELETED>    Section 20(b) of the Indian Gaming Regulatory Act (25 
U.S.C. 2719(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) in subparagraph (A), by striking `` 
                (A) the Secretary, after consultation'' and inserting 
                the following:</DELETED>
        <DELETED>    ``(A)(i) before November 18, 2005, the Secretary 
        reviewed, or was in the process of reviewing, at the Central 
        Office of the Bureau of Indian Affairs, Washington, DC, the 
        petition of an Indian tribe to have land taken into trust for 
        purposes of gaming under this Act; and</DELETED>
        <DELETED>    ``(ii) the Secretary, after consultation''; 
        and</DELETED>
                <DELETED>    (B) in subparagraph (B)--</DELETED>
                        <DELETED>    (i) in clause (i), by striking the 
                        comma at the end and inserting the following: 
                        ``under Federal statutory law, if the land is 
                        within a State in which is located--</DELETED>
                        <DELETED>    ``(I) the reservation of such 
                        Indian tribe; or</DELETED>
                        <DELETED>    ``(II) the last recognized 
                        reservation of such Indian tribe;'';</DELETED>
                        <DELETED>    (ii) in clause (ii), by striking 
                        ``, or'' and inserting ``if, as determined by 
                        the Secretary, the Indian tribe has a temporal, 
                        cultural, and geographic nexus to the land; 
                        or''; and</DELETED>
                        <DELETED>    (iii) in clause (iii), by 
                        inserting before the period at the end the 
                        following: ``if, as determined by the 
                        Secretary, the Indian tribe has a temporal, 
                        cultural, and geographic nexus to the land''; 
                        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(4) Effect of subsection.--Notwithstanding any 
        other provision of this subsection, land that, before the date 
        of enactment of the Indian Gaming Regulatory Act Amendments of 
        2005, was determined by the Secretary or the Chairman to be 
        eligible to be used for purposes of gaming shall continue to be 
        eligible for those purposes.''.</DELETED>

<DELETED>SEC. 11. CONFORMING AMENDMENT.</DELETED>

<DELETED>    (a) In General.--Section 123(a)(2) of the Department of 
the Interior and Related Agencies Appropriations Act, 1998 (Public Law 
105-83; 111 Stat. 1566) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by adding ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in subparagraph (B), by striking ``; and'' and 
        inserting a period; and</DELETED>
        <DELETED>    (3) by striking subparagraph (C).</DELETED>
<DELETED>    (b) Applicability.--Notwithstanding any other provision of 
law, section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 
2717(a)) shall apply to all Indian tribes.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Gaming Regulatory Act 
Amendments of 2006''.

SEC. 2. DEFINITIONS.

    Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703) is 
amended--
            (1) by striking the section heading and all that follows 
        through ``For purposes of this Act--'' and inserting the 
        following:

``SEC. 4. DEFINITIONS.

    ``In this Act:'';
            (2) in paragraph (7)(E), by striking ``of the Indian Gaming 
        Regulatory Act (25 U.S.C. 2710(d)(3))'';
            (3) by redesignating paragraphs (3), (4), (5), (6), (7), 
        (8), (9), and (10) as paragraphs (6), (12), (13), (3), (4), 
        (5), (15), and (17), respectively, and moving the paragraphs so 
        as to appear in numerical order;
            (4) by inserting after paragraph (6) (as redesignated by 
        paragraph (3)) the following:
            ``(7) Consulting contract.--The term `consulting contract' 
        means any contract or subcontract between an Indian tribe and a 
        gaming-related contractor, or between a gaming-related 
        contractor and a subcontractor, that provides for advising or 
        consulting with a person that exercises management over all or 
        a significant part of a gaming operation, subject to such 
        categorical exclusions as the Commission may establish, by 
        regulation.
            ``(8) Development contract.--The term `development 
        contract' means any contract or subcontract between an Indian 
        tribe and a gaming-related contractor, or between a gaming-
        related contractor and a subcontractor, that provides for the 
        development or construction of a facility to be used for an 
        Indian gaming activity, subject to such categorical exclusions 
        as the Commission may establish, by regulation.
            ``(9) Financing contract.--
                    ``(A) In general.--The term `financing contract' 
                means any contract or subcontract between an Indian 
                tribe and a gaming-related contractor, or between a 
                gaming-related contractor and a subcontractor--
                            ``(i) that is not a management contract, a 
                        consulting contract, a development contract, or 
                        a participation contract;
                            ``(ii) pursuant to which a gaming-related 
                        contractor or subcontractor provides services 
                        or property of any kind, or financing of any 
                        nature, to be used for an Indian gaming 
                        activity; and
                            ``(iii) for compensation (including 
                        interest and fees), denominated in any manner--
                                    ``(I) of more than $250,000 during 
                                the term of the contract or subcontract 
                                (as periodically adjusted for inflation 
                                in accordance with rules adopted by the 
                                Commission); and
                                    ``(II) that is provided by--
                                            ``(aa) loan;
                                            ``(bb) lease; or
                                            ``(cc) deferred payments.
                    ``(B) Exclusions.--The term `financing contract' 
                does not include--
                            ``(i) a contract or agreement between an 
                        Indian tribe and--
                                    ``(I) a federally-chartered or 
                                State-chartered bank;
                                    ``(II) another Indian tribe;
                                    ``(III) another Indian tribe, or a 
                                State, pursuant to a Tribal-State 
                                compact; or
                                    ``(IV) an entity that is--
                                            ``(aa) regulated by the 
                                        Securities and Exchange 
                                        Commission; or
                                            ``(bb) wholly owned, 
                                        directly or indirectly, by an 
                                        entity that is regulated by the 
                                        Securities and Exchange 
                                        Commission;
                            ``(ii) a contract or agreement that is 
                        subject to the Securities Exchange Act of 1934 
                        (15 U.S.C. 78a et seq.); or
                            ``(iii) any other agreement or contract 
                        that the Commission, by regulation, determines 
                        should be categorically excluded from 
                        consideration as a financing contract.
            ``(10) Gaming-related contract.--The term `gaming-related 
        contract' means any management contract, consulting contract, 
        development contract, financing contract, participation 
        contract, or other agreement determined by the Commission 
        pursuant to a rulemaking under section 7 to be subject to the 
        requirements of section 12, and any collateral agreement 
        related to any of the foregoing.
            ``(11) Gaming-related contractor.--The term `gaming-related 
        contractor' means an entity or person, including an individual 
        who is an officer, or who serves on the board of directors, of 
        an entity, or a stockholder that directly or indirectly holds 
        at least 5 percent of the issued and outstanding stock of an 
        entity, that enters into a gaming-related contract with--
                    ``(A) an Indian tribe; or
                    ``(B) an agent of an Indian tribe.'';
            (5) by inserting after paragraph (13) (as redesignated by 
        paragraph (3)) the following:
            ``(14) Management contract.--
                    ``(A) In general.--The term `management contract' 
                means any contract or subcontract between an Indian 
                tribe and a gaming-related contractor, or between a 
                gaming-related contractor and a subcontractor, that 
                provides for the management of all or a part of a 
                gaming operation, subject to such categorical 
                exclusions as the Commission may establish, by 
                regulation.
                    ``(B) Exclusion.--The term `management contract' 
                does not include a personal employment contract under 
                which compensation is not based on a percentage of the 
                revenues or profit increases of an Indian gaming 
                activity or a prospective Indian gaming activity.''; 
                and
            (6) by inserting after paragraph (15) (as redesignated by 
        paragraph (3)) the following:
            ``(16) Participation contract.--The term `participation 
        contract' means any contract or subcontract between an Indian 
        tribe and a gaming-related contractor, or between a gaming-
        related contractor and a subcontractor, under which 
        compensation to the gaming-related contractor or subcontractor 
        is based, in whole or in part, on a percentage of the revenues 
        or profit increases of an Indian gaming activity or a 
        prospective Indian gaming activity, subject to such categorical 
        exclusions as the Commission may establish, by regulation.''.

SEC. 3. NATIONAL INDIAN GAMING COMMISSION.

    Section 5 of the Indian Gaming Regulatory Act (25 U.S.C. 2704) is 
amended--
            (1) in subsection (c)--
                    (A) by striking ``(c) Vacancies'' and inserting the 
                following:
    ``(c) Vacancies.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        vacancy'';
                    (B) by striking the second sentence and inserting 
                the following:
            ``(3) Expiration of term.--Unless a member has been removed 
        for cause under subsection (b)(6), the member may--
                    ``(A) serve after the expiration of the term of 
                office of the member until a successor is appointed; or
                    ``(B) be reappointed to serve on the Commission.''; 
                and
                    (C) by inserting after paragraph (1) (as designated 
                by subparagraph (A)) the following:
            ``(2) Vice chairman.--The Vice Chairman shall act as 
        Chairman in the absence or disability of the Chairman.''; and
            (2) in subsection (e), in the second sentence, by inserting 
        ``or disability'' after ``in the absence''.

SEC. 4. POWERS OF THE CHAIRMAN.

    Section 6 of the Indian Gaming Regulatory Act (25 U.S.C. 2705) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) by striking paragraph (4) and inserting the 
                following:
            ``(4) approve gaming-related contracts for class II gaming 
        and class III gaming under section 12; and''; and
                    (C) by adding at the end the following:
            ``(5) conduct a background investigation and make a 
        determination with respect to the suitability of a gaming-
        related contractor, as the Chairman determines to be 
        appropriate.''; and
            (2) by adding at the end the following:
    ``(c) Delegation of Authority.--
            ``(1) In general.--The Chairman may delegate any authority 
        under this section to any member of the Commission, as the 
        Chairman determines to be appropriate.
            ``(2) Requirement.--In carrying out an activity pursuant to 
        a delegation under paragraph (1), a member of the Commission 
        shall be subject to, and act in accordance with--
                    ``(A) the general policies formally adopted by the 
                Commission; and
                    ``(B) the regulatory decisions, findings, and 
                determinations of the Commission pursuant to Federal 
                law.''.

SEC. 5. POWERS OF THE COMMISSION.

    (a) In General.--Section 7(b) of the Indian Gaming Regulatory Act 
(25 U.S.C. 2706(b)) is amended--
            (1) in paragraphs (1) and (4), by inserting ``and class III 
        gaming'' after ``class II gaming'' each place it appears;
            (2) in paragraph (2), by inserting ``or class III gaming'' 
        after ``class II gaming''; and
            (3) by striking paragraph (10) and inserting the following:
            ``(10) shall promulgate such regulations and guidelines as 
        the Commission determines to be appropriate to implement this 
        Act, including--
                    ``(A) regulations addressing minimum internal 
                control standards for class II gaming and class III 
                gaming activities; and
                    ``(B) regulations determining categories of 
                contracts for goods and services directly relating to 
                tribal gaming activities that shall be--
                            ``(i) considered to be gaming-related 
                        contracts; and
                            ``(ii) subject to the requirements of 
                        section 12.''.
    (b) Reporting of Tribal-Level Gaming Revenues.--Section 7 of the 
Indian Gaming Regulatory Act (25 U.S.C. 2706) is amended by adding at 
the end the following:
    ``(c) Reporting of Tribal-Level Gaming Revenues.--Not less 
frequently than once each year--
            ``(1) the Commission shall submit to the Secretary a report 
        describing the aggregate revenues of the tribal-level gaming 
        activities of each Indian tribe; and
            ``(2) the Secretary, in consultation with affected Indian 
        tribes, shall promulgate regulations under which information 
        contained in a report under paragraph (1) regarding each Indian 
        tribe shall be made available to the members of the Indian 
        tribe, as the Secretary determines to be consistent with the 
        purposes of this subsection.''.

SEC. 6. COMMISSION STAFFING.

    (a) General Counsel.--Section 8(a) of the Indian Gaming Regulatory 
Act (25 U.S.C. 2707(a)) is amended by striking ``basic'' and all that 
follows through the end of the subsection and inserting the following: 
``pay payable for level IV of the Executive Schedule under chapter 11 
of title 2, United States Code, as adjusted by section 5318 of title 5, 
United States Code.''.
    (b) Other Staff.--Section 8(b) of the Indian Gaming Regulatory Act 
(25 U.S.C. 2707(b)) is amended by striking ``basic'' and all that 
follows through the end of the subsection and inserting the following: 
``pay payable for level IV of the Executive Schedule under chapter 11 
of title 2, United States Code, as adjusted by section 5318 of title 5, 
United States Code.''.
    (c) Temporary and Intermittent Services.--Section 8(c) of the 
Indian Gaming Regulatory Act (25 U.S.C. 2707(c)) is amended by striking 
``basic'' and all that follows through the end of the subsection and 
inserting the following: ``pay payable for level IV of the Executive 
Schedule under chapter 11 of title 2, United States Code, as adjusted 
by section 5318 of title 5, United States Code.''.

SEC. 7. TRIBAL GAMING ORDINANCES.

    Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``, and'' and 
                inserting ``; and'';
                    (B) in paragraph (2)(F)--
                            (i) by striking clause (i) and inserting 
                        the following:
                    ``(i) ensures that background investigations and 
                ongoing oversight activities are conducted with respect 
                to--
                            ``(I) tribal gaming commissioners and key 
                        tribal gaming commission employees, as 
                        determined by the Chairman;
                            ``(II) primary management officials and 
                        other key employees of the gaming enterprise, 
                        as determined by the Chairman; and
                            ``(III) persons that provide goods or 
                        services directly relating to the tribal gaming 
                        activity; and''; and
                            (ii) in clause (ii)(I), by striking 
                        ``primary'' and all that follows through 
                        ``with'' and inserting ``the individuals and 
                        entities described in subclauses (II) and (III) 
                        of clause (i), including''; and
                    (C) in paragraph (4)(B)(i)--
                            (i) in subclause (I), by striking ``of the 
                        Act,'' and inserting a semicolon;
                            (ii) in subclause (II), by striking ``of 
                        this subsection'' and inserting a semicolon;
                            (iii) in subclause (III), by striking ``, 
                        and'' and inserting ``; and''; and
                            (iv) in subclause (IV), by striking 
                        ``National Indian Gaming'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by striking 
                                ``lands,'' and inserting ``lands;'';
                                    (II) in clause (ii), by striking 
                                ``, and'' and inserting ``; and''; and
                                    (III) in clause (iii), by striking 
                                the comma at the end and inserting a 
                                semicolon; and
                            (ii) in subparagraph (B), by striking ``, 
                        and'' and inserting ``; and'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (B)(i), by striking ``, 
                        or'' and inserting ``; or''; and
                            (ii) in subparagraph (D)(iii)(I), by 
                        striking ``, and'' and inserting ``; and'';
                    (C) in paragraph (7)(B)--
                            (i) in clause (ii)(I), by striking ``, 
                        and'' and inserting ``; and'';
                            (ii) in clause (iii)(I), by striking ``, 
                        and'' and inserting ``; and''; and
                            (iii) in clause (vii)(I), by striking 
                        ``State , and'' and inserting ``State; and'';
                    (D) in paragraph (8)(B)--
                            (i) in clause (i), by striking the comma at 
                        the end and inserting a semicolon; and
                            (ii) in clause (ii), by striking ``, or'' 
                        and inserting ``; or''; and
                    (E) by striking paragraph (9); and
            (3) by adding at the end the following:
    ``(f) Provision of Information to Chairman.--Immediately after 
approving a plan (including any amendment, revision, or recision of any 
part of a plan) under subsection (b)(3), the Secretary shall provide to 
the Chairman--
            ``(1) a notice of the approval; and
            ``(2) the plan, and any information used by the Secretary 
        in approving the plan.''.

SEC. 8. GAMING-RELATED CONTRACTS.

    Section 12 of the Indian Gaming Regulatory Act (25 U.S.C. 2711) is 
amended to read as follows:

``SEC. 12. GAMING-RELATED CONTRACTS.

    ``(a) Approval by Chairman.--
            ``(1) Gaming-related contracts.--To be enforceable and 
        valid, a gaming-related contract must be approved by the 
        Chairman under subsection (b).
            ``(2) Gaming-related contractors.--Each gaming-related 
        contractor shall be subject to a suitability determination by 
        the Chairman under subsection (c).
            ``(3) Failure to approve.--For any gaming-related contract 
        that is not approved by the Chairman under subsection (b)--
                    ``(A) the gaming-related contract shall be void ab 
                initio; and
                    ``(B) any party to the gaming-related contract 
                shall be subject to such civil penalties as the 
                Chairman determines to be appropriate under section 14.
    ``(b) Contract Review.--
            ``(1) Minimum contract requirements.--A gaming-related 
        contract under this Act shall provide, at a minimum, provisions 
        relating to--
                    ``(A) accounting and reporting procedures, 
                including, as appropriate, provisions relating to 
                verifiable financial reports;
                    ``(B) the access required to ensure proper 
                performance of the gaming-related contract, including 
                access to--
                            ``(i) the daily operations of the gaming 
                        activity;
                            ``(ii) real property relating to the gaming 
                        activity;
                            ``(iii) equipment associated with the 
                        gaming activity; and
                            ``(iv) any other tangible or intangible 
                        property used to carry out the gaming activity;
                    ``(C) assurances of performance by each party to 
                the gaming-related contract, as the Chairman determines 
                to be necessary;
                    ``(D) the reasons for, and method of, termination 
                of the gaming-related contract; and
                    ``(E) such other provisions as the Chairman 
                determines to be necessary to ensure that the Indian 
                tribe will receive the primary benefit as the sole 
                proprietor of the gaming activity.
            ``(2) Term.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term of a gaming-related contract 
                shall not exceed 5 years.
                    ``(B) Exceptions.--
                            ``(i) Extraordinary circumstances.--
                        Notwithstanding subparagraph (A), a gaming-
                        related contract may have a term of not more 
                        than 7 years if the Chairman determines the 
                        term is appropriate, taking into consideration 
                        any extraordinary circumstances relating to the 
                        gaming-related contract.
                            ``(ii) Financing contracts.--The terms 
                        described in subparagraph (A) and clause (i) 
                        shall not apply to a financing contract.
            ``(3) Fees.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the fee provided pursuant to a 
                gaming-related contract shall not exceed an amount 
                equal to 30 percent of the net revenues of the gaming 
                operation that is the subject of the gaming-related 
                contract.
                    ``(B) Exceptions.--
                            ``(i) Extraordinary circumstances.--The fee 
                        provided pursuant to a gaming-related contract 
                        may be in an amount equal to not more than 40 
                        percent of net revenues of the gaming operation 
                        that is the subject of the gaming-related 
                        contract if the Chairman determines that such a 
                        fee is appropriate, taking into consideration 
                        any extraordinary circumstances relating to the 
                        gaming-related contract.
                            ``(ii) Financing contracts.--The 
                        limitations described in subparagraph (A) and 
                        clause (i) shall not apply to a financing 
                        contract.
            ``(4) Requirements for disapproval.--The Chairman shall 
        disapprove a gaming-related contract under this subsection if 
        the Chairman determines that--
                    ``(A) the gaming-related contract fails to meet any 
                requirement under paragraph (1), (2), or (3);
                    ``(B) a gaming-related contractor that is a party 
                to the gaming-related contract is unsuitable under 
                subsection (c);
                    ``(C) a gaming-related contractor or beneficiary of 
                the gaming-related contract--
                            ``(i) unduly interfered with or influenced 
                        a decision or process of tribal government 
                        relating to the gaming activity; or
                            ``(ii) deliberately or substantially failed 
                        to comply with a tribal gaming ordinance or 
                        resolution;
                    ``(D) the Indian tribe will not receive the primary 
                benefit as the sole proprietor of the gaming activity;
                    ``(E) a trustee would not approve the gaming-
                related contract because the compensation or fees do 
                not bear a reasonable relationship to the cost of the 
                goods or benefit of the services provided; or
                    ``(F) a person or an Indian tribe would violate a 
                provision of this Act--
                            ``(i) on approval of the gaming-related 
                        contract; or
                            ``(ii) in carrying out the gaming-related 
                        contract.
            ``(5) Timelines.--
                    ``(A) Submission of gaming-related contracts.--To 
                be approved under this subsection, a gaming-related 
                contract shall be submitted to the Chairman by the 
                appropriate Indian tribe by not later than 30 days 
                after the date on which the gaming-related contract is 
                executed.
                    ``(B) Determination of chairman.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Chairman shall approve or disapprove a 
                        management contract, a development contract, a 
                        participation contract, or other gaming-related 
                        contract designated by the Chairman under 
                        section 7 by not later than 90 days after the 
                        date on which such a contract is submitted 
                        under subparagraph (A).
                            ``(ii) Financing contracts and consulting 
                        contracts.--The Chairman shall approve or 
                        disapprove a financing contract or a consulting 
                        contract by not later than 30 days after the 
                        date on which such a contract is submitted 
                        under subparagraph (A).
                            ``(iii) Extensions.--The Chairman may 
                        extend a deadline under clause (i) or (ii) on 
                        approval of the Indian tribe that is party to 
                        the applicable contract.
            ``(6) Additional factors for consideration.--In determining 
        whether to approve a gaming-related contract under this 
        subsection, the Chairman may take into consideration any 
        information relating to the terms, parties, and beneficiaries 
        of--
                    ``(A) the gaming-related contract; and
                    ``(B) any other agreement relating to the Indian 
                gaming activity, as the Chairman determines to be 
                appropriate.
            ``(7) Modifications.--Notwithstanding an approval of a 
        gaming-related contract under this subsection, or a 
        determination of suitability of a gaming-related contractor 
        under subsection (c), if the Chairman determines, based on 
        information that was not disclosed at the time of the approval 
        or determination, that a gaming-related contract violates this 
        Act, or that a determination of suitability should not have 
        been made, the Chairman, after providing notice and an 
        opportunity for a hearing, may--
                    ``(A) require any modification of the gaming-
                related contract that the Chairman determines to be 
                necessary to comply with this Act;
                    ``(B) suspend performance under the gaming-related 
                contract;
                    ``(C) revoke a determination of suitability under 
                subsection (c); or
                    ``(D) void the gaming-related contract.
    ``(c) Suitability Determinations.--
            ``(1) In general.--Subject to paragraph (4), a gaming-
        related contract shall not be approved under subsection (b) 
        unless, on receipt of an application for a determination of 
        suitability, the Chairman determines under this subsection that 
        each applicable gaming-related contractor is suitable.
            ``(2) Standard.--The Chairman, by regulation, shall 
        establish a suitability standard under which a gaming-related 
        contractor shall not be considered to be suitable under this 
        subsection if, as determined by the Chairman--
                    ``(A) the gaming-related contractor--
                            ``(i) is an elected member of the governing 
                        body of an Indian tribe that is a party to an 
                        applicable gaming-related contract;
                            ``(ii) at any time, was convicted of any 
                        felony or gaming offense; or
                            ``(iii)(I) has knowingly and willfully 
                        provided materially important false statements 
                        or information to the Commission or the Indian 
                        tribe under this Act; or
                            ``(II) has refused to provide information 
                        requested by the Commission under this Act; or
                    ``(B) the prior activities, criminal record (if 
                any), reputation, habits, or associations of the 
                gaming-related contractor--
                            ``(i) pose a threat to--
                                    ``(I) the public interest; or
                                    ``(II) the effective regulation of 
                                gaming; or
                            ``(ii) create or enhance the risk of 
                        unsuitable, unfair, or illegal practices, 
                        methods, or activities with respect to--
                                    ``(I) a gaming activity; or
                                    ``(II) the operation of a gaming 
                                facility.
            ``(3) Agreements with indian tribes.--In carrying out this 
        subsection, the Chairman may enter into a contract with any 
        Indian tribe--
                    ``(A) to conduct a background investigation of a 
                gaming-related contractor;
                    ``(B) to assist in determining the suitability of a 
                gaming-related contractor; or
                    ``(C) to facilitate tribal licensing of a person 
                that provides goods or services directly relating to 
                the tribal gaming activity or a gaming-related 
                contractor in accordance with the standard established 
                under paragraph (2).
            ``(4) Alternative determinations and exclusions.--The 
        Commission, by regulation, may establish, as the Commission 
        determines to be appropriate--
                    ``(A) alternative methods of determining 
                suitability; and
                    ``(B) categorical exclusions for persons or 
                entities that are subject to licensing or suitability 
                determinations by--
                            ``(i) a Federal, State, or tribal agency; 
                        or
                            ``(ii) a professional association.
            ``(5) Registry.--The Chairman shall establish and maintain 
        a registry of--
                    ``(A) each suitability determination made under 
                this subsection; and
                    ``(B) each suitability determination of an Indian 
                tribe provided under section 11.
            ``(6) Responsibility of gaming-related contractor.--A 
        gaming-related contractor shall--
                    ``(A) pay the costs of any investigation activity 
                of the Chairman in carrying out this subsection; and
                    ``(B) provide to the Chairman a notice of any 
                change in information provided during an investigation 
                on discovery of the change
    ``(d) Conveyance of Real Property.--No gaming-related contract 
under this Act shall transfer or otherwise convey any interest in land 
or other real property unless the transfer or conveyance--
            ``(1) is authorized under law; and
            ``(2) is specifically described in the gaming-related 
        contract.
    ``(e) Contract Authority.--The authority of the Secretary under 
section 2103 of the Revised Statutes (25 U.S.C. 81) relating to 
contracts under this Act is transferred to the Commission.
    ``(f) No Effect on Tribal Authority.--This section does not expand, 
limit, or otherwise affect the authority of any Indian tribe or any 
party to a Tribal-State compact to investigate, license, or impose a 
fee on a gaming-related contractor.
    ``(g) Appeals.--The Chairman, by regulation, shall provide an 
opportunity for an appeal, conducted through a hearing before the 
Commission, of any determination of the Chairman under this section by 
not later than 30 days after the date on which the determination is 
made.
    ``(h) Emergency Waivers.--The Chairman may promulgate regulations 
providing for a waiver of any requirement under this section because 
of--
            ``(1) an emergency; or
            ``(2) an imminent threat to the public health or safety.''.

SEC. 9. CIVIL PENALTIES.

    Section 14 of the Indian Gaming Regulatory Act (25 U.S.C. 2713) is 
amended--
            (1) by striking the section designation and heading and all 
        that follows through subsection (a) and inserting the 
        following:

``SEC. 14. CIVIL PENALTIES.

    ``(a) Penalties.--
            ``(1) Violation of act.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an Indian tribe, individual, or 
                entity that violates any provision of this Act 
                (including any regulation of the Commission and any 
                Indian tribal regulation, ordinance, or resolution 
                approved under section 11 or 13) may be subject to, as 
                the Chairman determines to be appropriate--
                            ``(i) an appropriate civil fine, in an 
                        amount not to exceed $25,000 per violation per 
                        day; or
                            ``(ii) an order of the Chairman for an 
                        accounting and disgorgement, including 
                        interest.
                    ``(B) Application to indian tribes.--Subparagraph 
                (A)(ii) shall not apply to any Indian tribe.
            ``(2) Appeals.--The Chairman shall provide, by regulation, 
        an opportunity to appeal a determination relating to a 
        violation under paragraph (1).
            ``(3) Written complaints.--
                    ``(A) In general.--If the Commission has reason to 
                believe that an Indian tribe or a party to a gaming-
                related contract may be subject to a penalty under 
                paragraph (1), the final closure of an Indian gaming 
                activity, or a modification or termination order 
                relating to the gaming-related contract, the Chairman 
                shall provide to the Indian tribe or party a written 
                complaint, including--
                            ``(i) a description of any act or omission 
                        that is the basis of the belief of the 
                        Commission; and
                            ``(ii) a description of any action being 
                        considered by the Commission relating to the 
                        act or omission.
                    ``(B) Requirements.--A written complaint under 
                subparagraph (A)--
                            ``(i) shall be written in common and 
                        concise language;
                            ``(ii) shall identify any statutory or 
                        regulatory provision relating to an alleged 
                        violation by the Indian tribe or party; and
                            ``(iii) shall not be written only in 
                        statutory or regulatory language.'';
            (2) in subsection (b)--
                    (A) by striking ``(b)(1) The Chairman'' and 
                inserting the following:
    ``(b) Temporary Closures.--
            ``(1) In general.--The Chairman'';
                    (B) in paragraph (1)--
                            (i) by striking ``Indian game'' and 
                        inserting ``Indian gaming activity, or any part 
                        of such a gaming activity,''; and
                            (ii) by striking ``section 11 or 13 of this 
                        Act'' and inserting ``section 11 or 13''; and
                    (C) in paragraph (2)--
                            (i) by striking ``(2) Not later than 
                        thirty'' and inserting the following:
            ``(2) Hearings.--
                    ``(A) In general.--Not later than 30'';
                            (ii) in subparagraph (A) (as designating by 
                        clause (i))--
                                    (I) by striking ``management 
                                contractor'' and inserting ``party to a 
                                gaming-related contract''; and
                                    (II) by striking ``permanent'' and 
                                inserting ``final''; and
                            (iii) in the second sentence--
                                    (I) by striking ``Not later than 
                                sixty'' and inserting the following:
                    ``(B) Determination of commission.--Not later than 
                60''; and
                                    (II) by striking ``permanent'' and 
                                inserting ``final'';
            (3) in subsection (c), by striking ``(c) A decision'' and 
        inserting the following:
    ``(c) Appeal of Final Determinations.--A determination''; and
            (4) in subsection (d), by striking ``(d) Nothing'' and 
        inserting the following:
    ``(d) Effect on Regulatory Authority of Indian Tribes.--Nothing''.

SEC. 10. GAMING ON LATER-ACQUIRED LAND.

    Section 20(b) of the Indian Gaming Regulatory Act (25 U.S.C. 
2719(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking `` (A) the 
                Secretary, after consultation'' and inserting the 
                following:
            ``(A)(i) before April 15, 2006, an Indian tribe has 
        submitted to the Secretary a written request to have land 
        deemed eligible for gaming under this subparagraph; and
            ``(ii) the Secretary, after consultation''; and
                    (B) in subparagraph (B)--
                            (i) in clause (i), by striking the comma at 
                        the end and inserting the following: ``under 
                        Federal statutory law, if the land is within a 
                        State in which is located--
                            ``(I) the reservation of such Indian tribe; 
                        or
                            ``(II) the last recognized reservation of 
                        such Indian tribe;'';
                            (ii) by striking clause (ii) and inserting 
                        the following:
                    ``(ii) the initial reservation of an Indian tribe 
                acknowledged by the Secretary pursuant to the Federal 
                acknowledgment process, if--
                            ``(I) the Indian tribe has an historical 
                        and geographical nexus to the land, as 
                        determined by the Secretary; and
                            ``(II) after consultation with the Indian 
                        tribe and appropriate local and tribal 
                        officials, and after providing for public 
                        notice and an opportunity to comment and a 
                        public hearing, the Secretary determines that a 
                        gaming establishment on the land--
                                    ``(aa) would be in the best 
                                interests of the Indian tribe and 
                                members of the tribe; and
                                    ``(bb) would not create 
                                significant, unmitigated impacts on the 
                                surrounding community; or''; and
                            (iii) by striking clause (iii) and 
                        inserting the following:
                    ``(iii) the restoration of land for an Indian tribe 
                that is restored to Federal recognition, if--
                            ``(I) the Indian tribe has an historical 
                        and geographical nexus to the land, as 
                        determined by the Secretary;
                            ``(II) a temporal connection exists between 
                        the acquisition of the land and the date of 
                        recognition of the tribe, as determined by the 
                        Secretary; and
                            ``(III) after consultation with the Indian 
                        tribe and appropriate local and tribal 
                        officials, and after providing for public 
                        notice and an opportunity to comment and a 
                        public hearing, the Secretary determines that a 
                        gaming establishment on the land--
                                    ``(aa) would be in the best 
                                interests of the Indian tribe and 
                                members of the tribe; and
                                    ``(bb) would not create 
                                significant, unmitigated impacts on the 
                                surrounding community.''; and
            (2) by adding at the end the following:
            ``(4) Effect of subsection.--Nothing in this subsection 
        affects the validity of any determination regarding the 
        eligibility of land for gaming made by the Secretary or 
        Chairman before the date of enactment of this paragraph.''.

SEC. 11. CONSULTATION POLICY.

    The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is 
amended by adding at the end the following:

``SEC. 25. CONSULTATION POLICY.

    ``In promulgating rules and regulations pursuant to this Act, the 
Commission shall establish and maintain a policy of consultation with 
Indian tribes in accordance with the Federal trust responsibility and 
the government-to-government relationship that exists between Indian 
tribes and the Federal Government.''.

SEC. 12. IMPLEMENTATION.

    The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (as 
amended by section 11) is amended by adding at the end the following:

``SEC. 26. IMPLEMENTATION.

    ``(a) Rules and Regulations.--Not later than 2 years after the date 
of enactment of this section, the Commission, in consultation with 
Indian tribes, shall promulgate rules and regulations implementing new 
definitions, authorities, responsibilities, and restrictions in 
accordance with the Indian Gaming Regulatory Act Amendments of 2006.
    ``(b) Report.--Not later than 1 year after the date of enactment of 
this section, the Commission shall submit to the Committee on Indian 
Affairs of the Senate and the Committee on Resources of the House of 
Representatives a report describing the status of the promulgation of 
rules and regulations pursuant to subsection (a).
    ``(c) Gaming-Related Contracts.--
            ``(1) Effective date.--With respect to gaming-related 
        contracts other than management contracts, section 12 shall not 
        take effect until the date on which rules and regulations 
        implementing that section are promulgated pursuant to 
        subsection (a).
            ``(2) Effect on existing gaming-related contracts.--
        Notwithstanding section 12, a gaming-related contract entered 
        into before the date of enactment of this section that is not 
        approved by the Chairman shall be valid.
    ``(d) Effect on Existing Regulations.--Nothing in this section 
prohibits, limits, or restricts the Commission from--
            ``(1) applying any regulation in effect on the date of 
        enactment of this section that is not inconsistent with this 
        Act;
            ``(2) amending any regulation; or
            ``(3) adopting any new regulation.''.

SEC. 13. CONFORMING AMENDMENT.

    (a) In General.--Section 123(a)(2) of the Department of the 
Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-
83; 111 Stat. 1566) is amended--
            (1) in subparagraph (A), by adding ``and'' at the end;
            (2) in subparagraph (B), by striking ``; and'' and 
        inserting a period; and
            (3) by striking subparagraph (C).
    (b) Applicability.--Notwithstanding any other provision of law, 
section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)) 
shall apply to all Indian tribes.
                                                       Calendar No. 466

109th CONGRESS

  2d Session

                                S. 2078

                          [Report No. 109-261]

_______________________________________________________________________

                                 A BILL

 To amend the Indian Gaming Regulatory Act to clarify the authority of 
the National Indian Gaming Commission to regulate class III gaming, to 
      limit the lands eligible for gaming, and for other purposes.

_______________________________________________________________________

                              June 6, 2006

                       Reported with an amendment